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Do you think that Mr Vo's Doctor should be charges with the manslaughter of her « baby »? Why/Why not?

Note de Recherches : Do you think that Mr Vo's Doctor should be charges with the manslaughter of her « baby »? Why/Why not?. Recherche parmi 241 000+ dissertations

Par   •  8 Février 2012  •  563 Mots (3 Pages)  •  687 Vues

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In fact, a woman came to a prenatal visit, but an error was made by her doctor. There have the abortion. In the first time, we see the definition of manslaughter. The manslaughter is the unlawful killing of a human being without malice. The commission of a lawful acts which without due caution and circumption. The problem concerns the Mrs Vo's foetus. In the definition of the manslaughter, it is said "killing of a human being". The question is whether the fetus is a human being . To know if the doctor of Mrs Vo must be accused of manslaughter on the "baby", it is necessary to see the problem of the concept of person. There is none. It is necessary to see various arguments on this subject.

In first time, the doctor is morally guilty of manslaughter. Indeed, we can say that the doctor is guilty because he committed a fault because the woman was 6-months pregnant and by wanting to remove the coil without checking his condition. Moreover, the unborn life is already considered to be worthy of protection like a foetus has the right to life from conception. The loss of a wished foetus represents a damage undergone by the mother-to-be. But not to recognize the loss of its life would not be damage for the foetus! It has no sense.

The French culture has for foundation the protection of the human life from its beginning. The criminal law allows protecting the life of the being human. Human being's notion includes the unborn child. In 1975 the law Veil authorized the abortion; it did not authorize another person to intervene to terminate the pregnancy of a woman. For the nineteenth century France protects the life of the unborn child. It is only at the end of the twentieth and at the beginning of the twenty-first century on which the judicial jurisdiction decided that the life in its debuts was not any more protected.

In consequently, the involuntary mortal infringement on the unborn child against the will of the mother and on the price of a grave suffering must be condemned.

But the problem is that the foetus is not a human being. If they say he is a human being, abortion is illegal and will be a problem for 44 of the signatories to the ECHR. In addition, the life of the foetus is related to the life of the mother and the mother may protect the life of the fetus. Finally, it was recognized that fetal life began at birth. Therefore, if we recognize manslaughter, there would be serious consequences. So, we wonder if the foetus has rights. Indeed, if we recognize him rights, it would also go against the abortion right. He would be considered as a human being.

In that accommodate, even if the doctor committed has fault, he is not punished because if we would recognize the right to life of the foetus, the consequences would be too important.

In both cases we have seen, there is one thing in common. The fetus was 6 months. when does a fetus is considered a human being?

Consequently, numerous arguments can be retained so that the doctor is condemned but also so that the doctor is not condemned because the debate on the right to life of the foetus does not allow finding a stable position for the various parts.


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