Scholarly Paper on Abortion, Essay Example

Abstract

The issue of abortion in modern societies has gained momentum since politicians, humanitarians, feminists, sociologists, economists, religious fanatics, male interest groups, ordinary people on the streets as well as grassroots communities have voiced their opinions regarding whether they are pro-choice, pro-life or no-life-choice. These ideologies have spurred controversies among these factions in the social structure. It is my opinion that every woman has the right to decide for herself what is best when it comes to having an abortion.  No woman must live in a society whereby the government or state regulations inform that decision. In the same way that a person decides who to date and who he/she would not; similarly the decision to have an abortion must be autonomous.

Introduction

In this analysis of whether the choice to have an abortion must be a decision made by an individual emerging from conscience or state regulated, a review of Senator Barbara Box’s interview will form the foundation from which arguments will spring forth. Five pieces of peer- reviewed literature informing the subject will be evaluated in supporting the assumption that a decision to have an abortion must be autonomous and not state imposed.

Interview with Senator Barbara Boxer

Senator Boxer’s interview with Carol clearly declared her support for the pro-choice option to abortion. The senator mentioned the plight of military women who are in active service. It is difficult for them to obtain such services without disclosing specifics to a supervisor. Subtly, this is a violation of privacy and imposing the political culture for the final decision to be made by a state representative.

Further, Senator Boxer supported the use of an abortion pill and was rather vocal on minors having abortions. Here was where she emphasized that even though they are minors the decision must be theirs to have an abortion, no one else. Often in these cases parents impose values to forge a decision based on their interpretation of the incidence. Many times it becomes detrimental to the minor’s health and social life thereafter. She mentioned support organizations that can advise on such tough decision making issues.

Historical Perspective on the Abortion Legislation

The obstetric definition of abortion is termination of pregnancy before the fetus is viable. This concept of being viable varies among disciplines andacross cultures. For example, within the American context viable pertains to 20 weeks gestation; in the British, quoting Margaret Miles’ interpretation, it is 24-28. Importantly, viable is perceived from the premise of when the fetus can function without support from the maternal circulation or placenta (Cheng, 2008).

Besides, this assumption there is a classification of induced and spontaneous abortion. Induced abortion is defined as the deliberate termination of pregnancy due to a decision made by the women. It could be achieved through surgical or medical induction. Spontaneous abortion is when expulsion of the fetus from the uterus occurs without any external intervention of the mother. The predisposing factors could be an incompetent uterus, fetal abnormality or merely stress (Devereux, 1967).Insidiously, this section of the paper embraces a discussion on induced abortion and its emergence in history.

Until measures were taken in America during the late 19^th century to change the sociological paradigm of induced abortions, it had been illegal to offer such services. History gave accounts of many backstreet abortion clinics and abortifacient pills providing undercover services whereby the lives of many women were taken or placed at risk(Gordon, 2006).

Stories of Madame Restell and Ann Lohman testify of the illegality and villainous connotations of illegal abortion around the world. They smuggled abortion pills for over 40 years to women internationally who desired to engage in the practice. These women were arrested, charged and stood trial for these crimes with Madame Restell committing suicide before facing her final trialscheduled for April 1^st 1898 (Gordon, 2006).

These harsh measures aimed at violating women’s reproductive rights caught the attention of female activists internationally.The truth is that women become vulnerable because they have the biological capacity to carry a fetus. However, they are not the only ones responsible for fertilizing their egg into a fetus. Then, why should they be penalized for the eventuality of sexual intercourse when it was a dual venture? Herein lays the misrepresentation of the issue!

Thus, by 1820 through American Medical Association lobbying, legislation was passed over-ruling some of the most hideous laws pertaining to Abortion in America. Divisions emerged among factions of women who from a narrow sighted vision of the problem declared that they were against abortion. They surfaced in the form of Elizabeth Cady Stanton and Mary Wollstonecraft (O’Beirne, 2005).

Within these opposing boundaries by 1952 the American Law Institute (ALI) embracing the Model Penal Code began drafting legislation to legalize abortions within a particular context. Arkansas, Delaware, Kansas, New Mexico and Oregon adjusted their abortion laws based on ALI MPC recommendations.  By 1970 Hawaii, New York, Alaska and Washington followed allowing abortion on demand. South Carolina and Virginia reformed their laws also in accordance with ALI Model Penal Code (Gordon, 2006).

Meanwhile, the Freedom of Choice Act was passed at 110th United States Congress in 1964.  It confirmed the fundamental rightof choice for every woman in the United States of America ‘to bear a child; terminate a pregnancy prior to fetal viability; or terminate a pregnancy after viability when necessary to protect her life or her health’ (American Center for Law and Justice, 2007) as a policy regulation of the United States of America government.

Political Perspective of Abortion

This section of the discourse will explore the political playground contained in the Abortion issue facing America as it relates to pro-life and pro-choice. The history of induced abortions around the world has been distasteful. It has affected developed, developing and underdeveloped nations alike. Clearly,perpetuators have been classified as women who have had abortions, desire to, and those aiding the crime. In a society where male chauvinism dominates public policy and politics, it is difficult for women to tell their story in its true essence. It must be flavored with remorse, shame and indignity. This has been the politics of abortion, internationally.

A Pew Research Center analysis concerning the politics of abortion as it relates to the 2012 upcoming elections show where there are still immense divisions in society regarding abortion and contraception. From the PewCenter polls over the past two years (65%) of Democrats support the ideology that abortion should be legal in all or most cases. 57% Republicans confirmed their opposition to say that it should be illegal in all or most cases ( Pew Research Center, 2012).

Yet still the polls further reveal that the opposing party cannot unite on the issue to confirm its ‘wrongness’ nor ‘rightness.’ The problem lies in Republicans establishing the extent to which abortions should be legal and illegal alike. Conclusively, the division spreads across a 22% concluding that it should be illegal in all cases while 35% confirm that it should be illegal in most cases. Alternatively, the consensus among democrats isdecisive. 26% say that abortion should be legal in all cases and 39% in most cases (Pew Research Center, 2012). During the interview with junior senator Barbara Boxer it was obvious, which side she is on as politician and woman.

Marlene Fried (2006) studies disclosing the politics of abortion contend that abortion will always surface as an integral part of modern political agendas. She further addresses the issue as being a dagger forced to separate church and state historically, if one wants to be fair on the assumptions. The politics of Roman Catholicism and obsolete values regarding contraception emerge in every facet of life where this face of Christianity is imprinted, she argues. In expanding the preposition Fried (2006) explained that there is an intersection of abortion and population control tactics in the political playground (Fried, 2006). Therefore, could it be that pro-choice favors population control and pro-life does not? This would be further explored in subsequent sections of this discourse.

Socio-economic and health care implications of abortion

In the previous section of this document reference was made to researcher Fried’s (2006) assumption that pro-choice abortion implications could be related to instinctive population regulation strategies. In response to this assumption cross-societal studies conducted by Trent and Hoskin (1999) examined the ‘net effects of socioeconomic development, women’s labor force participation and dominant religion on both the legality and incidence of abortion’ (Trent & Hoskin, 1999).

These researchers utilized abortion data from 89 countries. A logistic regression analysis was conducted. Results proved that socioeconomic development has a positive effect on the probability of abortion being legal even though in societies where the population was dominated by Catholicism and Islam religious traditions, it was less likely for abortions to be legal or conducted(Trent & Hoskin, 1999).

They also discovered throughTobit analyses that development has curvilinear effects on abortion rates. In terms of population growth analyses there were no significant differences among the 89 countries researched. Evidence of increased productivity with higher abortion rates indicated its positive effects on the female labor market. With lower abortion rates productivity plunged. There were significant differences in Catholic tradition dominated communities (Trent & Hoskin, 1999).

Continuing insights pertaining to implications of abortion on health care in America, Dr Patrick Whelan (2010) offered his perspectives in the New England Journal of Medicine. He expressed concerns regarding unresolved legislative obstacles pertaining to affordable health insurance for accessibility to abortion services (Whelan, 2010)

Dr Whelan (2010) contends thatfrom a recent incident in Massachusetts it was highly suggestive that universal health care coverage is associated with a decrease in the number of abortions performed by physicians.  It was further emphasized that this occurs in the presence of public and private funding of abortion. These funding agencies’ policies appeared to be more liberal than the provisions of federal legislation, which is being considered by congress, presently (Whelan, 2010).

Arguments escalate regarding law restrictions imposed by federal payments for abortion limiting the circumstances to sexual assault, incest, or jeopardy to the life of the mother. Further explanations point towards restrictions governing Medicaid coverage for abortions in the low income women category. The budget appropriation rider contained in Hyde amendment ought to be adjusted for low income women to access safe reliable abortion services. Instead a shuffle of interest regarding payment boundaries are widening daily. The amendment was effective since 1976, the doctor argued (Whelan, 2010)

Whelan (2010) advocates that by offering federal subsidies to private insurance companies millions of women struggling in a poor economic culturecould access health insurance coverage. With tendencies towards marginalizing women productivity the debate for legislators is how to provide this care without federally subsidizing abortions or, conversely, restricting access to abortion for women who subscribe to these plans (Whelan, 2010).

Meanwhile, subsequent studies show where the costs of treating women with complications of abortion are escalating. This is due to the inability to access safe reliable services according to Benson (2012) and counterparts. The researchers hypothesized that ‘unsafe abortion is a significant contributor to maternal mortality in Nigeria, and treatment of post abortion complications drains public healthcare resources’ (Benson et.al, 2012).

According to the researchers, provider estimates from 17 public hospitals were used to assess medications, supplies, and staff time spent, per-case. This study embraced an analysisof annualpost abortion care costs (PAC) stretching across Ogun, Lagos states and the Federal Capital Territory. Estimated costs for moderate complications amounted to $112 USper case showing a 60% increase of an uncomplicated case. Where dilatation and curettage was needed costs went up by 18% per case (Benson et.al, 2012).

Annual expenditure for PAC at all public hospitals in 3 states were $807 442 US. These costs researchers explained could be reduced by safe outpatient abortion procedures. This entailed allowing midwives to service clients abandoning the use of D&C.  Recommendations are that ‘availability of safe, legal abortion would further decrease cost and reduce preventable deaths from unsafe abortion’ (Benson et.al, 2012).

Analysis of Literature Review

The foregoing discussion embraced an in-depth analysis relating to induced abortions; Senator Barbara Boxer’s interview; reflections of the historical legislative processes of the Free Choice abortion Act and the political context informing socio-economic implications in health care. Four academic journal articles were referenced along with six scholarly papers.

Historically, when examining the free choice Act it is clear that abortion in United States of America is legal. However, when applying the politics of abortion it can be understood that legislations only offer opinions concerning governments’ intention, but in reality barriers to execution of such polices saturate the intervention. This was exemplified byDr Whelan’s (2010) reference to applications of  the Hyde’s amendment in providing safe abortion services for low income women who cannot afford the high costs (Whelan, 2010).

Meanwhile studies conducted in Nigeria confirmed that women who do not have access to safe abortion practices develop complications that place a burden on health care services. This is supportive of Dr Whelan’s(2010) recommendation that adequate insurance coverage in America can help low income women access equality care in abortion procedures. However, it would appear that even though legislations are in place and health care reform measures being adapted,prejudices regarding legality of abortion still exist in the society (Benson et.al, 2012)(Whelan, 2012).

Contentious issues

Senator Boxer declared her support for abortion and even invention of a cost effective pill for execution of the process. Still American health care system does not permit Medicaid or any federal funds to be used in abortion except for special cases. The question which needs to be answered is whether abortion is a health care issue? Or because it affects women who until a few decades ago were considered minority, it is unimportant.

If this is the case why is there a law that confers the fundaments right of every woman ‘to bear a child; terminate a pregnancy prior to fetal viability; or terminate a pregnancy after viability when necessary to protect her life or her health’ (American Center for Law and Justice, 2007) as a policy regulation of the United States of America government. This law became active in 1964.

Forty eight years later women desirous of terminating a pregnancy have the responsibility of funding it out of pocket except if they can prove rape or it would be detrimental to their health. Then, within this law are subsidiary legislations contradicting the position implied therein.

A March, 2010 press release reiterated the present political administration two faced approach regarding federal expenditure on abortion for low income women in America. President Obama’s quest to pass the ‘Obamascare’ health care reform Legislation conceded to opposing forces by issuing an executive order barring federal funding of abortion under the Affordable Care Act’ (Kliff, 2011)

The president expressed that even though he is pro-choice regarding abortions it was beyond his jurisdiction allowing federal funding for abortions. This decision reinforced maintaining the current Hyde Amendment restrictions;a law which prohibits federal funding for abortions. Further speculations are that the ‘order won over a handful of reticent Congressional Democrats who opposed abortion rights, but wanted to see health reform pass’( Kliff, 2011).

Hence, in 2012 when Pew research shows where Democrats are decisive regarding abortion it is merely another political gimmick to gather votes at this election as immigration reform and many burning political issues in the society. Therefore, regardless of how Senator Barbara Boxer responded to the interview as a pro-choice activists in actuality the Democratic party just like the Republicans are not in one accord supportive of the  Free Choice abortion legislation passed in 1964. The Hyde Amendment surfaced quickly after to undermine the process of Free Choice.

Gaps in the body of knowledge

Obvious gaps in the body of knowledge as it relate to induced abortions is its classification in America’s health care system. If federal funding is not to be used for induced abortions it can be categorized cosmetic surgery. However, there is no Free Choice legislation confirming the right to cosmetic surgery, but there is one for abortion. Precisely, how is abortion classified in the American law books for federal funding to be restricted in its execution?

Conclusion and recommendations

The foregoing evidence proved that Senator Barbara Boxer’s interview supporting pro-choice in her capacity as a politician and woman was a hoax.Madame Restell (1898) committed suicide for the same injustices women face in the American society today. Women are committing suicide daily when they have to utilize inappropriate abortion strategies despite a Free Choice legislation giving rights for the procedure.Inhibiting access to quality services, if it is not health care, is Hyde amendment restricting execution of the process.

Recommendations point towards politicians developing integrity to sanction funding for abortions irrespective of it being caused by rape, incest or a danger to life. Socio-economic factors impinge on whether a woman can bear a child at a particular point in time or not. Some contraceptive devices do not work with all women. Alternatively, some women become pregnant while on contraceptives. With rising unemployment rates and health care costs what must these women do if funding is withheld for these services?

References

American Center for Law and Justice (2007). Executive Summary of the Freedom of Choice Act. ACLJ.

Benson, J. KrennHrubec, K. Lazzarino, A., & Johnston, B. (2012).Public hospital costs of treatment of abortion complications in Nigeria.Int J Gynaecol Obstet.118 Suppl 2(S)134-40

Cheng L. ( 2008). Surgical versus medical methods for second-trimester induced abortion. The WHO Reproductive Health Library. World Health Organization.

Devereux, G (1967). A typological study of abortion in 350 primitive, ancient, and pre-industrial societies In Harold Rosen. Abortion in America: Medical, psychiatric, legal, anthropological, and religious considerations. Boston, Massachusetts: Beacon Press

Fried, M. (2006).The Politics of Abortion. India Journal of Gender Studies. 13(2),229-245

Gordon, S. (2006). Law and Everyday Death: Infanticide and the Backlash against Woman’s Rights after the Civil War. Lives of the Law. (Austin Sarat, Lawrence Douglas, and Martha UmphreyEditors). University of Michigan Press.

Kliff, S (October 2^nd, 2011).The Hyde Amendment at 35: a new abortion divide.WashingtonPost

O’Beirne, K. (2005, January 8). America’s Earliest Feminists Opposed Abortion. Chicago Sun-Times.

Pew Research Center (2012).The Complicated Politics of Abortion. Retrieved on 30^th October, 2012 from http://www.people-press.org/2012/08/22/the-complicated-politics-of-abortion/

Trent, K., & Hoskin A (1999).Structural determinants of the abortion rate: a cross-societal analysis.Soc Biol, 46(1-2), 62-81

Whelan, P (2010).Abortion Rates and Universal Health Care.N Engl J Med, 362(e45).