Fetal rights
Encyclopedia
Fetal rights is a term used in some countries (see below) in reference to legislation
that grants legal rights to fetus
es. The term is used most often in the context of the abortion debate
, as the basis for an argument in support of the pro-life
stance.
such as feticide
, a beneficiary
of insurance
or social assistance, or an inheritor
of property
.
Legislative measures sometimes seek to establish a right to life
of the fetus from the moment of fertilization. Such laws regard the fetus as a person
whose legal status is on par with that of any other member of the species
homo sapiens
:
Other governments have laws in place that state that fetuses are not legally recognized persons:
Much opposition to legal abortion
in the West is based on a concern for fetal rights. Similarly many pro-choice
groups oppose fetal rights, even when they do not impinge directly on the abortion
issue, because they perceive this as a slippery slope
strategy to restricting abortions.
, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
that grants legal rights to fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
es. The term is used most often in the context of the abortion debate
Abortion debate
The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
, as the basis for an argument in support of the pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
stance.
Fetal protection in law
Some laws seek to protect or otherwise recognize the fetus. Some of these grant recognition under specific conditions: the fetus can legally be a victim of a crimeCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
such as feticide
Feticide
Feticide is an act that causes the death of a fetus. In a legal context, "fetal homicide" or "child destruction" refers to the deliberate or incidental killing of a fetus due to a criminal human act, such as a blow to the abdomen of a pregnant woman...
, a beneficiary
Beneficiary
A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example: The beneficiary of a life insurance policy, is the person who receives the payment of the amount of insurance after the death of the insured...
of insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
or social assistance, or an inheritor
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
.
- The American Convention on Human RightsAmerican Convention on Human RightsThe American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
is a treaty signed by 24 Latin AmericaLatin AmericaLatin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n countries in 1969, which states that from the moment of conception, human beings have rights. It came into force in 1978. - The Unborn Victims of Violence ActUnborn Victims of Violence ActThe Unborn Victims of Violence Act of 2004 is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence...
is a United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
introduced into congress in 1999 which defines violent assaultAssaultIn law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
committed against pregnant women as being a crimeCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
against two victims: the woman and the fetus she carries. This law was passed in 2004 after the murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of Laci PetersonLaci PetersonLaci Denise Peterson was an American woman who was the subject of a highly discussed murder case after she went missing while seven and a half months pregnant with her first child. Peterson was reportedly last seen alive on December 24, 2002...
and the fetus she was carrying.
- In 2002, U.S. PresidentPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. BushGeorge W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
announced a plan to ensure health careHealth careHealth care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
coverage for fetuses under the State Children's Health Insurance ProgramState Children's Health Insurance ProgramThe State Children's Health Insurance Program – later known more simply as the Children's Health Insurance Program – is a program administered by the United States Department of Health and Human Services that provides matching funds to states for health insurance to families with children...
(SCHIP).
- IranIranIran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
ian law holds that anyone who brings about a miscarriage must pay a monetary fine, which varies depending upon the stage of development and/or sex of the fetus, in compensation.
Right-to-life and legal personhood
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
of the fetus from the moment of fertilization. Such laws regard the fetus as a person
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
whose legal status is on par with that of any other member of the species
Species
In biology, a species is one of the basic units of biological classification and a taxonomic rank. A species is often defined as a group of organisms capable of interbreeding and producing fertile offspring. While in many cases this definition is adequate, more precise or differing measures are...
homo sapiens
Human
Humans are the only living species in the Homo genus...
:
- The 1978 American Convention on Human RightsAmerican Convention on Human RightsThe American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
states, in Article 4.1, "Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception." The Convention is considered binding only for the 24 of 35 member nations of the Organization of American StatesOrganization of American StatesThe Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
who ratified it.
- In 1983, the Eighth Amendment of the Constitution of IrelandEighth Amendment of the Constitution of IrelandThe Eighth Amendment of the Constitution of Ireland introduced a constitutional ban on abortion. It was effected by the Eighth Amendment of the Constitution Act, 1983, which was approved by referendum on 7 September 1983 and signed into law on the 7 October of the same year.-Changes to the...
, also known as the "Pro-Life Amendment," was added to the ConstitutionConstitution of IrelandThe Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
of The Republic of Ireland by popular referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
. It recognizes "the right to life of the unborn".
- In 1993, the Federal Constitutional Court of GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
held that the constitutionBasic Law for the Federal Republic of GermanyThe Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
guaranteed a right to life from conception, but that it is within the discretion of parliament not to punish abortion in the first trimester, providing that women agreed to undergo special counsellingInformed consentInformed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter, in the absence of fraud, it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the...
designed to discourage termination and "protect unborn life". The intermediate decision was the result of an attempt to join East Germany's abortion lawAbortion in GermanyAbortion in Germany is technically permitted in the first trimester upon condition of mandatory counseling and a waiting period, and in rare exceptional cases afterwards.-History:...
to that of West GermanyWest GermanyWest Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
after reunificationGerman reunificationGerman reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...
in 1990.
Other governments have laws in place that state that fetuses are not legally recognized persons:
- In Canadian law, under section 223 of the Criminal Code of CanadaCriminal Code of CanadaThe Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, a fetus is a "human being ... when it has completely proceeded, in a living state, from the body of its mother whether or not it has completely breathed, it has an independent circulation or the navel string is severed."
Much opposition to legal abortion
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
in the West is based on a concern for fetal rights. Similarly many pro-choice
Pro-choice
Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
groups oppose fetal rights, even when they do not impinge directly on the abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
issue, because they perceive this as a slippery slope
Slippery slope
In debate or rhetoric, a slippery slope is a classic form of argument, arguably an informal fallacy...
strategy to restricting abortions.
Behavioral intervention
Various initiatives, prompted by concern for the ill effects which might be posed to the health or development of a fetusFetal development
Prenatal or antenatal development is the process in which a human embryo or fetus gestates during pregnancy, from fertilization until birth. Often, the terms fetal development, foetal development, or embryology are used in a similar sense.After fertilization the embryogenesis starts...
, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus.
- Many jurisdictions actively warn against the consumption of alcoholic beverageAlcoholic beverageAn alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
s by pregnant women, recommending a maximum intakeAlcoholic beverages — recommended maximum intakeThis article summarizes the recommended maximum intake of alcohol as recommended by the health agencies of various governments. These recommendations are varied, reflecting scientific uncertainty. The recommendations are distinct from legal restrictions that may apply in those...
or total abstinenceTeetotalismTeetotalism refers to either the practice of or the promotion of complete abstinence from alcoholic beverages. A person who practices teetotalism is called a teetotaler or is simply said to be teetotal...
, due to its association with Fetal alcohol syndromeFetal alcohol syndromeFetal alcohol syndrome is a pattern of mental and physical defects that can develop in a fetus in association with high levels of alcohol consumption during pregnancy. Current research also implicates other lifestyle choices made by the prospective mother...
. Countries that encourage those who are pregnant to avoid alcoholAlcoholIn chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
either entirely or partially include AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, IcelandIcelandIceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, the Netherlands, NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, SpainSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
- Many national and international agencies recommend dietary guidelineDietary Reference IntakeThe Dietary Reference Intake is a system of nutrition recommendations from the Institute of Medicine of the U.S. National Academy of Sciences. The DRI system is used by both the United States and Canada and is intended for the general public and health professionals...
s for pregnant women due to the health risks posed by the consumption of fishFishFish are a paraphyletic group of organisms that consist of all gill-bearing aquatic vertebrate animals that lack limbs with digits. Included in this definition are the living hagfish, lampreys, and cartilaginous and bony fish, as well as various extinct related groups...
contaminated with methylmercuryMethylmercuryMethylmercury is an organometallic cation with the formula . It is a bioaccumulative environmental toxicant.-Structure:...
through industrialIndustryIndustry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...
pollutionPollutionPollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...
. Studies have linked exposure to various levels of methylmercury in utero to neurological disorderNeurologyNeurology is a medical specialty dealing with disorders of the nervous system. Specifically, it deals with the diagnosis and treatment of all categories of disease involving the central, peripheral, and autonomic nervous systems, including their coverings, blood vessels, and all effector tissue,...
s in children.
- The use of tobaccoTobaccoTobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
products or exposure to secondhand smoke during pregnancy has been linked to low birth weightBirth weightBirth weight is the body weight of a baby at its birth.There have been numerous studies that have attempted, with varying degrees of success, to show links between birth weight and later-life conditions, including diabetes, obesity, tobacco smoking and intelligence.-Determinants:There are...
. GovernorGovernorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Mike HuckabeeMike HuckabeeMichael "Mike" Dale Huckabee is an American politician who served as the 44th Governor of Arkansas from 1996 to 2007. He was a candidate in the 2008 United States Republican presidential primaries, finishing second in delegate count and third in both popular vote and number of states won . He won...
of ArkansasArkansasArkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, citing studies which attribute 10% of infant deaths to tobacco-smokingTobacco smokingTobacco smoking is the practice where tobacco is burned and the resulting smoke is inhaled. The practice may have begun as early as 5000–3000 BCE. Tobacco was introduced to Eurasia in the late 16th century where it followed common trade routes...
mothers, considered adopting a smoking banSmoking banSmoking bans are public policies, including criminal laws and occupational safety and health regulations, which prohibit tobacco smoking in workplaces and/or other public spaces...
for pregnant women in 2006 with the aim of reducing infant mortalityInfant mortalityInfant mortality is defined as the number of infant deaths per 1000 live births. Traditionally, the most common cause worldwide was dehydration from diarrhea. However, the spreading information about Oral Re-hydration Solution to mothers around the world has decreased the rate of children dying...
.
- No U.S. state has enacted a law which criminalizes specific behavior during pregnancy, but, nonetheless, it has been estimated that at least 200 American women have been criminally prosecuted or arrestArrestAn arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
ed under existing child abuseChild abuseChild abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
statutes for allegedly bringing about harm in-utero through their conduct during pregnancy. Reasons for pressing charges included useDrug abuseSubstance abuse, also known as drug abuse, refers to a maladaptive pattern of use of a substance that is not considered dependent. The term "drug abuse" does not exclude dependency, but is otherwise used in a similar manner in nonmedical contexts...
of illicit drugs, consumption of alcohol, and failure to comply with a doctor's order of bedrest or caesarean sectionCaesarean sectionA Caesarean section, is a surgical procedure in which one or more incisions are made through a mother's abdomen and uterus to deliver one or more babies, or, rarely, to remove a dead fetus...
. Drug addicts have been accused of "supplying drugs to a minor" through unintentional chemical subjection via the umbilical cordUmbilical cordIn placental mammals, the umbilical cord is the connecting cord from the developing embryo or fetus to the placenta...
. Others have been charged with assault with a deadly weapon with the "deadly weapon" in question being an illegal drug. MinnesotaMinnesotaMinnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, WisconsinWisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
and South DakotaSouth DakotaSouth Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
allow women who continue to use substancesSubstance abuseA substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
while pregnant to be civilly committedInvoluntary commitmentInvoluntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
. Some states require that medical providers report any infantInfantA newborn or baby is the very young offspring of a human or other mammal. A newborn is an infant who is within hours, days, or up to a few weeks from birth. In medical contexts, newborn or neonate refers to an infant in the first 28 days after birth...
who is born with a physical dependency, or who tests positiveDrug testA drug test is a technical analysis of a biological specimen – for example urine, hair, blood, sweat, or oral fluid / saliva – to determine the presence or absence of specified parent drugs or their metabolites...
for residual traces of alcohol or drugs, to child welfareChild welfareChild protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...
authorities.
- Cultural preferences for male children in some parts of AsiaAsiaAsia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
, such as Mainland ChinaMainland ChinaMainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
, IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, South KoreaSouth KoreaThe Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
, and TaiwanTaiwanTaiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
, have sometimes led to sex-selective abortion of female fetuses, leading to the disparity between male-to-female birth rateBirth rateCrude birth rate is the nativity or childbirths per 1,000 people per year . Another word used interchangeably with "birth rate" is "natality". When the crude birth rate is subtracted from the crude death rate, it reveals the rate of natural increase...
s which is observed in some places. India banned the practice of abortion for reasons of fetal sex in 1994.
Example cases
- Jennifer Johnson of Seminole CountySeminole County, FloridaSeminole County is a county in the U.S. state of Florida. Located between Orlando to the south and Deland and Daytona Beach to the north, it is part of the Greater Orlando metropolitan area. Its county seat and largest city is Sanford...
, FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
was convicted under a drug trafficking law in 1989. It was alleged that, in consuming cocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
during her pregnancy, she had delivered a controlled substanceControlled substanceA controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
to a minorMinor (law)In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
via the umbilical cordUmbilical cordIn placental mammals, the umbilical cord is the connecting cord from the developing embryo or fetus to the placenta...
. She was sentenced to one-year in a drug treatmentDrug treatmentDrug treatment may refer to:*the treatment of illness with pharmaceutical drugs*Drug rehabilitation, the treatment of substance dependence/drug addiction*Drug Treatment, an album by by the Japanese band Kuroyume...
program, 14 years probationProbationProbation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
, and 200 hours of community serviceCommunity serviceCommunity service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
. Johnson appealed and Supreme Court of Florida overturned its decision to convict her in 1992. - Cornelia Whitner of Central, South CarolinaCentral, South CarolinaCentral is a town in Pickens County, South Carolina, United States, along SC Highway 93. Contrary to its name, it is not near the central area of South Carolina...
pled guiltyPleaIn legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
in 1992 to a charge of criminal child neglectChild neglectChild neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...
after she was discovered to have used cocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
while pregnant. Sentenced to eight years in prisonPrisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
, she petitioned the Court of AppealsCourt of AppealsA court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
16 months later, claiming that she had been given ineffective counselIneffective assistance of counselIneffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case...
because her lawyer had failed to inform her that the charges laid against her might not be applicable given the legal status of a fetus. However, in the 1997 case Whitner v. South Carolina, the Supreme Court of South Carolina upheld its prosecution of Whitner. - A woman from Winnipeg, Manitoba who had an inhalantInhalantInhalants are a broad range of drugs whose volatile vapors are taken in via the nose and trachea. They are taken by volatilization, and do not include drugs that are inhaled after burning or heating...
addictionSubstance dependenceThe section about substance dependence in the Diagnostic and Statistical Manual of Mental Disorders does not use the word addiction at all. It explains:...
in 1996. She had three previous children, and, when she became pregnant a fourth time, Winnipeg Child and Family Services sought a court orderCourt orderA court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
permitting her to be committedInvoluntary commitmentInvoluntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
to a drug rehabilitationDrug rehabilitationDrug rehabilitation is a term for the processes of medical or psychotherapeutic treatment, for dependency on psychoactive substances such as alcohol, prescription drugs, and so-called street drugs such as cocaine, heroin or amphetamines...
facility for the remaining duration of her pregnancy. A judge agreed that the woman should be taken into custody. However, the decision was overturned by the Manitoba Court of AppealManitoba Court of AppealThe Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. It was established in 1906. It is located in the Old Law Courts building at 408 York Avenue in Winnipeg, the capital city of Manitoba...
. - Brenda Drummond, 29, of Carleton Place, OntarioCarleton Place, OntarioCarleton Place is a town in the eastern portion of Eastern Ontario, Canada, in Lanark County, about west of downtown Ottawa. It is located at the crossroads of Highway 15 and Highway 7, halfway between the towns of Perth, Almonte, Smiths Falls, and the nation's capital, Ottawa...
tried to abort at 9 months on 28 May 1996 by introducing a pellet gun in her vagina and shooting her fetus in the head. Attempted murder charges against her were dropped since the Criminal Code of CanadaCriminal Code of CanadaThe Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
definition of "human being" doesn't include fetuses. She was later sentenced to 30 months probation for "failing to provide the necessities of life" for having failed to report the injury immediately after her son's birth. - Melissa Ann Rowland of Salt Lake City, UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
was charged with murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
in 2004 after her refusal to undergo a caesarean sectionCaesarean sectionA Caesarean section, is a surgical procedure in which one or more incisions are made through a mother's abdomen and uterus to deliver one or more babies, or, rarely, to remove a dead fetus...
resulted in one of the two in her twinTwinA twin is one of two offspring produced in the same pregnancy. Twins can either be monozygotic , meaning that they develop from one zygote that splits and forms two embryos, or dizygotic because they develop from two separate eggs that are fertilized by two separate sperm.In contrast, a fetus...
pregnancy being stillbornStillbirthA stillbirth occurs when a fetus has died in the uterus. The Australian definition specifies that fetal death is termed a stillbirth after 20 weeks gestation or the fetus weighs more than . Once the fetus has died the mother still has contractions and remains undelivered. The term is often used in...
. Rowland was later sentenced to 18 months probation as a result of secondary charge of child endangermentChild abuseChild abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
. - Gov.GovernorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Jeb BushJeb BushJohn Ellis "Jeb" Bush is an American politician who served as the 43rd Governor of Florida from 1999 to 2007. He is a prominent member of the Bush family: the second son of former President George H. W. Bush and former First Lady Barbara Bush; the younger brother of former President George W...
sought appointment of a legal guardianLegal guardianA legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
to protect the fetus of a developmentally-disabledDevelopmental disabilityDevelopmental disability is a term used in the United States and Canada to describe lifelong disabilities attributable to mental or physical impairments, manifested prior to age 18. It is not synonymous with "developmental delay" which is often a consequence of a temporary illness or trauma during...
rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
victim in 2003. The woman, who could not assist police in identifying her assailant, was raped while living in a group homeGroup homeA group home is a private residence designed or converted to serve as a non-secure home for unrelated persons who share a common characteristic.-Types of group homes:...
in Orlando, FloridaOrlando, FloridaOrlando is a city in the central region of the U.S. state of Florida. It is the county seat of Orange County, and the center of the Greater Orlando metropolitan area. According to the 2010 US Census, the city had a population of 238,300, making Orlando the 79th largest city in the United States...
. She gave birth to a child in September 2003.