Disabled Woman

 

A British Court in 2019 ruled that a mentally disabled woman must have an abortion, even though the order was against both the woman’s wishes and her parents’ wishes. Would the parents be morally justified in defying the authority of the court? Is the principle “respect authority” a perfect duty, or is it imperfect? In what way is the duty to obey a court order and the parents’ responsibility both to their daughter and to God related to justice? (For the definitions of imperfect and perfect duties, see the Perfect and Imperfect Duties Reading.)

Write a dialogue post that provides an answer the questions above. Apply the concepts presented in this week’s readings to formulate your initial response and your reply to at least one classmate. Initial posts must have 250-350 words.

A successful post and response will contain the following elements:

Meets the word count guidelines and is on time.
Is a thoughtful answer to the questions presented in the assignment instructions.
Demonstrates an understanding of perfect and imperfect duties and integrates these concepts into the initial post.
Shows an understanding of justice (ie. to give to another what is due) as it is defined in the readings. Ensure you integrate this concept into the initial post.

Sample Solution

A Difficult Choice: Morality, Authority, and Justice in a Healthcare Decision

The British court’s ruling in 2019 presents a complex ethical dilemma. While respecting authority is generally considered an imperfect duty – meaning it can be overridden in certain circumstances – the situation becomes even more nuanced when considering the woman’s mental capacity and her parents’ wishes.

Here’s why blind obedience to the court might not be the only morally justifiable option:

  • Respect for Autonomy:If the woman, despite her disability, has some understanding of the situation and expresses a clear desire to continue the pregnancy, then respecting her autonomy becomes a significant moral concern.
  • Justice and the Right to Life:From a certain ethical perspective, the fetus has a right to life, and terminating the pregnancy could be seen as a violation of that right. Parents often act as guardians of their children’s well-being, and defying the court order could be seen as fulfilling that duty, particularly if they believe the fetus has a right to life.

However, the court’s decision likely considered factors beyond simply the woman’s wishes. Perhaps there were medical concerns about her ability to carry a pregnancy or raise a child, or maybe the court deemed the parents unfit guardians in this situation.

Here’s where understanding justice becomes crucial. Justice requires giving each person their due. In this case, this could involve:

  • Protecting the woman from harm:If the pregnancy or childbirth posed a significant physical or mental health risk to the woman, the court might prioritize her well-being.
  • Considering the best interests of the fetus:The court might have weighed the potential quality of life for the child if born into a situation where the parents are unable to provide adequate care.

Discussion Points:

  • How do we determine the appropriate balance between respecting autonomy, protecting the woman, and considering the fetus’s potential right to life?
  • In situations where the woman lacks full mental capacity, who should be responsible for making such a difficult decision – the parents, the court, or a healthcare ethics committee?

By grappling with these questions, we can strive for a more nuanced understanding of the ethical and legal complexities surrounding such a sensitive case.

 

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