A Question of Choice

     The discussion regarding the right to an abortion has long been a controversial subject in several societies around the world. Largely due to the fact that it involves questions of moral and ethical considerations. In the North American continent, it is in itself a political issue. In the United States, ever since the landmark Supreme Court decision on Roe v. Wade in January 1973 (which effectively legalized procedural abortion), the abortion question has caused a firestorm within the political divide. In Canada, the Supreme Court in 1988 deemed the existing abortion law unconstitutional and struck it down thereby removing federal restrictions on abortion rights. The abortion question has also been a primary focus point on the issue of gender equality and the advancement of the independence of women in society.

     The political wedge created by the abortion issue has been drawn between the lines that divide conservatism and liberalism. It would be foolhardy to think that the dividing line is clear, as there are several politicians in the realm of liberalist policy that argue against as well as there are prominent conservatives that are in favour. Yet the general rule of thumb is that, if you are a conservative, you are against and if you're a liberal, you're in favour. That is why there are deep political repercussions about the abortion issue, especially with regards to national identity politics. Particularly in the U.S., where the issue plays a huge part in the litmus test on presidential aspirations. Polarity is visible in canadian politics, too, although distinctly different. Canada, being a more moderate country often lacks the vitriol and venom which is representative of american political debate on abortion.

ROE v. WADE

     Roe v. Wade (410 U.S. 113) was the U.S. Supreme Court opinion on the question of abortion rights. It stated that the constitutional right to privacy extends to a woman's decision to obtain an abortion and that it is deemed a fundamental right, thereby subjecting all laws attempting to resrict and regulate it to a standard of strict scrutiny. Based on the Due Process principle found in the 9th and 14th Amendments of the Constitution requiring the government to respect all legal rights owed to a person in accordance with the law, the Court reserved the right of private citizens with respect to choice, free from coercion and intimidation by others.

R v. MORGENTALER

     In 1988, the Canadian Supreme Court declared Section 287 of the Criminal Code (containing the abortion provision) to be of no force or effect because it was held to violate Section 7 of the Charter of Rights and Freedoms, which states, " Everyone has the right to life, liberty and the security of the person and the right not to be deprived therof except in accordance with the principles of fundamental justice"

     In a separate court decision R v. Sullivan 1991 (1 SCR 489), the court confirmed that a fetus is not a person until it is born and fully outside the woman's body, thereby muting the anti-abortion rights movement's argument that the unborn are viable to the "right to life" language of Section 7 of the Charter.

     Hence, Canada is one of the few nations in the world with no legal retrictions and regulations on medical access to abortion procedure.

     I support abortion rights. Not because I consider myself a liberal. Not because I blatantly disregard anyone's religious, spiritual or moral apprehension with abortion procedure. I have my own moral reprehensions on the issue. But I can't let my own standard stand in the way of someone else's decision with regards to personal choice. I can't let my own moral trepidation infringe on another's freedom to think for herself.

     I refuse to see the issue on abortion rights as simply a "woman's issue". To me, it is a question of fundamental rights, as supported by the words of the fundamental laws of both the U.S. and Canada. And the question is simple. "Would you rather have someone else ( the government, the church or some other entity) decide for you ? Or would you rather think, feel and speak for your own self ?"

     It's your CHOICE.