A study of the legal rights and obligations of a pregnant woman who is HIV-positive in relation to the rights of her infant

Date of Publication

2005

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Civil Rights and Discrimination

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Gerardo Banzon

Abstract/Summary

Abortion is a process of killing the unborn child or the fetus of the pregnant mother. This process was used by conceived mothers as a solution to their unwanted pregnancies. In this process, rights may be prejudiced. Rights of the unborn child and rights of the mother herself may get affected. This work will present the views and facts of different perspectives concerning the validity of the rights being prejudiced.

AIDS is a disease that weakens and kills the immune system of a person who is positive with the disease. The sickness can also change the rights of person. Laws on different countries made special laws that empower and protect the rights of the infected people. In addition, this terminal disease is transmitted through different ways. One of them is thorugh sexual intercourse according to medical experts.";"AIDS and abortion can be related in a certain way. The former can be transmitted through sexual intercourse and the latter is an effect of sexual intercourse. As mentioned, both AIDS and abortion may both empower and prejudice different rights whenever these either will come into existence. What complicates things is the idea when both of these two terms cross paths. To give an example, a pregnant woman who is positive with AIDS can have abortion in certain countries as AIDS is considered a special circumstance in pursuing abortion. However, there are different stands that will say that this act is still immoral regardless of the situation.

Rights of persons are affected in this scenario of AIDS and abortion. A solution must be created in order to settle future disputes concerning these two terms. People who have AIDS must do what they can not spread the disease however they still have rights that they can enjoy. On the other hand, those who are pregnant must have a choice concerning their body since they still have rights as well. The unborn child can be given rights according to some experts but how can they be protected? These are some of the cases this work will try to accommodate.

This paper will try to present different cases and points of view of philosophers and medical experts concerning the rights of the pregnant woman infected with AIDS and the rights of the unborn child. In this way, the researchers can weigh these different opinions and present them accordingly. Through this, a clear stand of the researchers concerning AIDS and abortion will be formulated and discussed.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19703

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

53, [31] leaves, 28 cm.

Keywords

AIDS (Disease)—Patients—Legal status, laws, etc.; Pregnant women—Legal status, laws, etc.; Fetus—Legal status, laws, etc.

Embargo Period

4-26-2021

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