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Lucienne -> RE: Abortion (3/22/2010 10:54:09 AM)
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ORIGINAL: barelynangel
That is not what she is speaking of she is saying that the right to privacy gives her a right to do with what she will to her body and that is not true -- i work in law i know all about privacy laws.
That's questionable, given your comments here. I looked back several pages and couldn't find where she stated that the right to privacy gives her the right to do what she will with her body. In terms of autonomy, the right to privacy does create a pretty large space within which the individual is free to do what they will with their body. It's not an unqualified right, but it is quite broad. That the constitutional right to privacy is grounded in autonomy does seem to be a point you are missing. It's less about secrets than it is about preserving the fair exercise of individual conscience.
Regardless, the constitution as currently interpreted does give her the right to terminate a first-trimester pregnancy under the Right to Privacy that flows from the exercise of Liberty (under the 14th). She can't do whatever the hell she wants with her body, but she sure as hell can terminate a pregnancy. Under the Constitution. And the doctrine of the Right to Privacy. Which is broader than the privacy interests protected in HIPAA.
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And i have never disputed that a woman does not have a right to get an abortion. HOWEVER, by law, a person does not have a right to do anything they want to their bodies.
These appear to be strawman responses.
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If abortion became illegal, then these privacy laws are moot because records can be subpoenaed in a criminal and civil cases without the consent of the patient. So if they have good cause to believe a woman had an abortion if it were illegal, they can easily subpoena her records to show she was pregnant and such, and even after treatment where her records could be used against her.
Once more with feeling. HIPAA does not occupy the entire field of privacy rights. The question you apparently don't see because you're unaware it exists is - can criminalizing abortion be found constitutional without destroying the doctrine of the Right to Privacy? If not, then yes, the constitutional right to privacy would be moot. But the statutory rights would still be in play because law enforcement would still have to abide the strictures of HIPAA. They might be easy enough to deal with, but they would still be boundaries established by law with the interest of protecting private health information. Common law rights would equally remain.
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As long as abortion is LEGAL a woman is allowed to abort her fetus.
I'm really not tracking you here. That sentence is about 10lbs of "no shit." I don't get why LEGAL is capitalized for emphasis.
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HOWEVER, i do believe the law should be changed to include a consensus of the PARENTS not just the mother.
angel
I get that and disagree. I'm with Elisabella that the ideal and fair solution would be to allow men a window of opportunity to terminate their parental rights. Men should not have the ability to compel a women to carry an unwanted pregnancy to term. The physical autonomy of the woman weighs far more heavily on the scale than the man's interest in the potential product of his seed.
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