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Anu Kumar

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Do U.S. Abortion Restrictions Violate Human Rights?

Posted: 10/25/11 04:32 PM ET

In a hospital in Nicaragua, after a total ban on abortion was passed, a woman with an ectopic pregnancy was allowed to languish, waiting for her fallopian tube to rupture before a doctor agreed to perform the procedure necessary to save her life and future fertility. Even though there was no doubt to the outcome of her pregnancy, the doctor refused to operate until the fetus was certifiably dead, and with no ultrasound available in that rural hospital, there was only one way to make sure.

This is the world that Rep. Joe Pitts (R-PA) would like to bring to America with the passage of H.R. 358, the so-called "Protect Life Act," a bill that would deny pregnant women access to emergency treatment, insurance coverage for abortion services and even information about how she could pay for an abortion. It's bad enough that one member of Congress would be willing to put women's lives at risk this way; that a majority of the House of Representatives voted for it is appalling.

While in the United States we may treat abortion restrictions as a political issue, elsewhere around the world, advocates and experts understand such restrictions to be public health and human rights issues. And in the United States this year, we have seen law after law passed that clearly violates international human rights standards.

Contrast Pitts' legislation with the report on legal restrictions on aspects of sexual and reproductive health presented to the United Nations on Monday by Anand Grover, the United Nations' Special Rapporteur on Health. The report states,

"Realization of the right to health requires the removal of barriers that interfere with individual decision-making on health-related issues and with access to health services, education and information, in particular on health conditions that only affect women and girls."

Indeed, the report highlights the growing global trend towards decriminalizing abortion. Everywhere, that is, except in the United States. In my home state of North Carolina this year, we have passed a number of barriers that "interfere with individual decision-making" on reproductive health: a mandatory waiting period, mandatory and biased counseling, and a forced ultrasound, all solely intended to place barriers and shame women who seek abortions, even if she has been raped or her life is in danger.

Just in the first half of this year, states enacted some 80 measures to restrict access to abortion (more than double the previous record set in 2005 of 34), all of which seem to violate the human rights standards set in international agreements. They include extreme restrictions, such as the one in Ohio that would ban abortion once a fetal heartbeat can be detected (six to 10 weeks' gestation). Several states, including Kansas, Tennessee and North Dakota have banned the use of telemedicine (key to delivering health services to underserved rural areas) for dispensing medical abortion. In Mississippi, a state ballot initiative, if passed, would mandate personhood from the moment of fertilization, possibly outlawing the most popular forms of contraception. Bearing in mind that 99 percent of American women have used contraception during in their lifetimes, this law would result in the violation of the rights of millions of American women.

Grover's report was developed following a thorough review of health research, national laws, international agreements and opinions and rulings issued by human rights bodies -- although it reads as if it were written about the United States:


"These laws make safe abortions and post-abortion care unavailable, especially to poor, displaced and young women. Such restrictive regimes, which are not replicated in other areas of sexual and reproductive health care, serve to reinforce the stigma that abortion is an objectionable practice."

In the United States, there have been laws on the books for decades that specifically deny young and low-income women access to abortion. Parental consent laws force young women to seek their parents' permission to have an abortion, regardless of their home situation. (Studies have shown that most teens will consult with a parent before deciding to terminate a pregnancy, but even those who risk violence or homelessness are still forced to produce at least one parents' consent.) And the Hyde Amendment bans the use of federal Medicaid funds for abortion, explicitly isolating one health care procedure for purely political reasons.

Amnesty International has created an international campaign to raise awareness about the toll the total ban on abortion is taking on women in Nicaragua. Is it time to create one for women in the United States?

 

Follow Anu Kumar on Twitter: www.twitter.com/IpasOrg

In a hospital in Nicaragua, after a total ban on abortion was passed, a woman with an ectopic pregnancy was allowed to languish, waiting for her fallopian tube to rupture before a doctor agreed to per...
In a hospital in Nicaragua, after a total ban on abortion was passed, a woman with an ectopic pregnancy was allowed to languish, waiting for her fallopian tube to rupture before a doctor agreed to per...
 
 
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11:39 PM on 12/14/2011
I am a conservative Republican. I am pro choice. I am for less government. I support a woman's right to choose. I am for more individual rights of men and women. I am opposed to restrictions on abortions.
CarmanK
democrat, retired tax acct
03:02 PM on 11/01/2011
It is absolutely necessary for the women of the US to become aware ad do something about the attack by the TBAGGERS/GOP on the rights of women to their health care decisions. You under estimate the impact of an PERSONHOOD AMENDMENT: it would declare a woman's body a matter of public domain from puberty to menses. It has the potential of making miscarriage a suspected criminal act, one which opens a woman to criminal investigation. There are millions of miscarriages each year. Who becomes the uterus police?? Your doctor, your nurse, your mother. Who will have to report "suspicious behavior". Women are the victims of domestic violence, can you imagine the tyrany that such a threat of reporting behavior that is not or may not be suitable for women of child bearing age: i.e. drink alcohol while pregnant, can't ride a horse, it could stop fertilization. This stuff is a power play among the evangelicals on who can cause the most misery to women.
06:59 PM on 10/29/2011
Wait a minute... Violating "human" rights via abortion restrictions? If that is not a "human" inside the mother what is it? Since I know what you are going to reply to that i'll add this question too, why do courts charge a double murder if a man kills a pregnant woman?
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
11:42 AM on 10/30/2011
Human's die for the lack of willing donors every day.

Their rights are not being violated.

No human has the right to take fluid/bone/tissue/etc from another human's body without their permission.

We put doctors in jail if we find that they have so much as taken tissue from a corpse without the donor's permission. We don't hail them as heroes for the lives they saved with the stolen tissue. We call them criminals, strip them of their licenses to practice medicine ever again, and incarcerate them.

If you stole tissue to save a 1 day old babies life we'd do the same to you. Life is precious, but bodily autonomy is more fundamental and your not respecting bodily autonomy is a serious crime.

An embryo is not more privileged than that one day old. Quite the opposite in fact. And you may not steal her flesh to quicken it. She may give her flesh. You may not take it.
04:07 AM on 11/04/2011
I believe it is actually fairly rare to prosecute a double homicide in the case of the murder of a pregnant woman. As I understand it depends on the jurisdiction, but the deciding factor is often whether or not it was an intended pregnancy. If it was a wanted child it's more likely that it could be considered an additional murder, but if the mother's intent was to abort then it's a non-issue.
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GDWhiteman
Christian mystic iconoclast
03:26 PM on 10/29/2011
Couldn't almost all abortions be prevented if the fetus would politely ask if they can take up residence in a woman's body and get a clear yes or no answer?
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
02:52 PM on 10/29/2011
I'm always astounded by the complete silence in abortion topics on vasectomy. If you really, truly, want an abortion free world there is one and only one way to get there.

Prevent all conception of unwanted children.

And we have, today, technology that can do that. Vasectomy. 100% effective birth control ... for men. Unlike female birth control you can test in the lab to see if a vasectomy was successful by having a follow-up sperm count. So its 1/400 failure rate **doesn't result in an unplanned pregnancy**. It results in failing a lab test and trying again.

It is reversible when you want to have kids and it is an obvious societal good to make sure that Dad wants the kids too. Fathers are important. And you'll be a better father if you know that having kids was a choice you made, not something She Did To You. If you got your vas reversed to conceive them **you'll be a better dad to them***. Huzzah!!

A gentleman does not put the heavier load in his ladies backpack when they go hiking because he is physically stronger and can carry it easier. A real man does not grab his wife and thrust her between himself and danger.

If you really care about her, why would you risk making her face unwanted pregnancy or abortion when **it is so easy** for you to protect her from that?
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
04:21 PM on 10/29/2011
Also, the men I know who have gotten them are all happy with them. They are especially good in a monogamous relationship where you are both STD-free as you don't have to interrupt intense moments fumbling with a disease-preventing condom.

IUD's increase cramping and pain. Vasectomies have a few days of mild discomfort then are pain-free. And again, even if it was equal pain for both instead of continual pain for the woman vs moments for the man, what kind of man would put his beloved through that to save himself?

The pill messes with your hormones/emotions It also frequently causes weight gain. It can randomly stop working in combination with other medication. Vasectomies have no such side effects and will not just stop working one day. You don't like it when she's moody and hormonal and *she doesn't like it either*. Win-win!

Correctly used condoms work in 99% of sexual encounters. So 1 out of 100 ... How many times do you and your spouse/significant other have sex per week? Well there are 52 weeks in a year. you do the math. Are you such a selfish coward that you'll put her through unwilling pregnancy or abortion - possibly derailing finishing her education - to save yourself a quick snip?

Then there is cost. Over time using vasectomy to control your fertility saves a lot of bread.

It doesn't just make sense, it makes dollars and cents.
09:16 PM on 10/30/2011
Vasectomies are for men who no longer want children. Its a permanent solution and most often chosen by husbands who are fathers and are done having kids. Most unwanted pregnancies are NOT from married couples who dont want children. Most unwanted pregnancies are caused by young people who are not married and either didnt use birth control or their birth control method failed. Your argument is good and all, but it applies to a very small % of unwanted pregnancy situations.
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SmileAndActNice
Utilitarianism, the -ism that works.
04:36 AM on 10/31/2011
The first vasectomy was performed over 70 years ago. They weren't reversible then.

Medicine has progressed a mite since then.

Details in the hidden reply to oooprettywoman.
07:30 PM on 10/29/2011
Its a good arguement. It would be wrong though to force this procedure.

I'm not saying it should be done either way but you do make a compelling areguement.

What the Catholics and those who truly subscribe to Augustinian moralism would respond with is that anything that prevents to process of procreation is sinful. Not my personal belief but that is most likely the biggest arguement agaisnt it you will find.
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
07:56 PM on 10/29/2011
Of course it shouldn't be forced.

But it should absolutely be made as available as possible and *actively encouraged*. And if an abortion happens everyone should be asking *why he wasn't shooting blanks if a child wasn't the goal*.

As for "go forth and multiply". God said that in fricken *Genesis* when there were only two of us and the survival of the species was in questions. We went forth. We multiplied. Check it off the "to do" list and get over it.

Today there are round 7 billion of us. The survival of the species is safe. And God is causing pregnancies to miscarry constantly. Even God clearly doesn't want every act of sex to result in procreation.

So its mighty arrogant for any mere mortal to demand it even if our constitutional democracy permitted religions to make such demands.
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iamone3
09:55 PM on 10/29/2011
One size won`t fit all in a society as diverse as we live in. However that should not prevent it`s being included in the mix of solutions to at least reduce abortions. The original story makes a compelling argument for not entirely banning abortion. The life of the woman has to be first for without her the pregnancy wouldn`t continue anyway.
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iamone3
07:04 PM on 10/28/2011
Abortion is barbaric and uncivilized to say the least.
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Lady1genius
No se puede tapar el sol con un dedo
11:03 PM on 10/28/2011
Then don't have one.
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GDWhiteman
Christian mystic iconoclast
12:52 PM on 10/29/2011
Yes, but it's commanded in the Bible, so what's a person to do?
10:22 PM on 10/27/2011
Will a young adult of 20 years and 3 months be able to get served in a bar? After all, they will have been a live person for 21 years ....
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giftsthatpurr
zestful life
10:18 PM on 10/27/2011
After reading through many of the anti-choice comments, I am struck by how not one single one
mentioned Women's Rights, and most of the posts degraded women - using shame, guilt, and often punishment ( for women having sex.) Seems they want women who seek abortions to feel evil. There could be an untapped dark side in those who continually seek gratification by calling SO MANY women evil. . .more than one in four women in the US have abortions every year.

I also noticed that a good many posters are ignorant about what actually happens with 98% - 99% of abortions (that take place from a few to up to 24 weeks) continually calling the fertilized egg/embryo/fetus a "baby," due to the flood of propaganda accepted by far right/TP/religious fanatics and others susceptible to fearing or denying science.

The most obvious thing I read, was that when pro-choice people commented about how anti-choice folks didn't seem to care about ACTUAL living, breathing, crying, poor babies, motherless babies, foster babies, or malnourished babies, (and older children) there were no responses from the anti-choice folks. Very telling IMO.
03:25 PM on 10/29/2011
"...more than one in four women in the US have abortions every year." HAHA, not even close:
"Each year, two percent of women aged 15–44 have an abortion. Half have had at least one previous abortion.[2,3]" (http://www.guttmacher.org/pubs/fb_induced_abortion.html) Only on the internet will you find someone throw out a statistic and be an order of magnitude off. Other than that legit points.If you don't mind, when do you think the 'fetus' becomes a baby?
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
03:52 PM on 10/29/2011
He forgot the word "pregnant". Pregnant women.

Its very common. For all you know you owe your life to it.

You could be the wanted child she used abortion to delay family formation for. If she hadn't had a prior abortion, you might not exist.
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
04:38 PM on 10/29/2011
Awhile back in New Zealand a doctor was watching a foal be born. It came out wrapped in its birth sac, and promptly began struggling to free itself from the slimy, binding mass.

As he watched it buck and flail with its sharp little hooves thrusting about he wondered, "Why doesn't it do that in the womb?". Prey animals have to be up and moving as fast as possible after birth to stay with the safety of the herd. They are hardwired to fight free of tissue that binds with powerful instincts that have them running about in minutes.

So why was this actively writhing foal *not* acting this way a few minutes before in the womb?

Obviously its a good thing it wasn't. Female mammals are not armored inside to protect themselves from the damage a conscious fetus could wreck on their innards (you've seen a premature baby grab and pull on a toy ... imagine if it innocently/curiously tried to pull its umbilical out of the uterus wall).

But what is the *mechanism*.

http://www.ncbi.nlm.nih.gov/pubmed/20378886

It boils down to Oxygen. I take it away and you pass out. Not asleep. Unconscious. your big expensive brain takes a lot of metabolizing, a lot of O2, to run. When O2 is scarce its the first thing the body turns off.

There isn't enough O2 in the womb to turn the brain on even when the brain is present.
02:16 PM on 11/06/2011
Exactly correct "gifts...".
The actual term is not "pro-life" because you will find that a large number of those who claim to BE pro-life are also pro death penalty, pro war on Iraq and Iran, pro militarization, anti social programs, anti science, anti Muslim, anti atheist, pro corporation..
None of which are pro-life. More pro-misogyny.
Besides, abortion and choice isn't a damn bit their call. None of their business at all unless and until they are pregnant and carrying that clump of cells. THEN they have a choice and that choice is only specific to that specific clump of cells.
But of course they have to be up in everyone else's business in order to focus on their own hypocrisy
03:36 PM on 10/27/2011
If Mississippi says that a fertilized egg is a person and moves to ban most birth control, in-vitro procedures, etc, will it also ban smoking in the vicinity of women? Smoking increases the risk of spontaneous miscarriages. Ditto drinking by women. ANY physical attack on a woman of child-bearing age (whatever that means) becomes a possible homicide, as even sitting down too abruptly can dislodge an egg in the process of attaching. Will Mississippi remove a woman's right to sit down abruptly?
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06:48 PM on 10/27/2011
I like your thought process......if they can attempt to criminalize a miscarriage then men, smokers, and anyone else who hurts a female of child bearing age (around 11, whenever they have their 1st menses) either by will or accident, in any way, should be criminally charged as well. THAT would stop the craziness, I'm sure!
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
03:53 PM on 10/29/2011
Polluters in general.

Manufacturers of tempting unhealthy food ... unclean energy ...
03:30 PM on 10/29/2011
Good questions, those are some of the issues we're going to have to deal with as we grow in understanding as a society. If we define a person as a fetus we must commit to protect it as such. However, the effort and sacrifice it will take to protect these people should not dissuade us from establishing their person hood. This isn't the first time this question has been addressed, if you murder a pregnant women you'll often find yourself charged with a DOUBLE murder, how about that.
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
04:26 PM on 10/29/2011
If we define a person as, "Something the state must steal flesh from unwilling donors in order to extend the life of" then we have a LOT more to do than ban abortion.

People die for lack of a willing donor every day.

Lots of them.

Change that and THEN we'll argue about whether fetus's are people too.
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nix28
Ignorance stirs my inner demon...Sorry.
12:37 AM on 10/27/2011
This desire that Republicans have to express an opinion on what a woman does with her body is deplorable. If these men and women want to have a say, they should also have a share of the costs and responsibilities that come along with carrying a baby to term and then raising it until 18 years of age. If we were able to place this regulations on those voting to criminalize abortion, I wonder how many of them would suddenly change their tunes...
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giftsthatpurr
zestful life
10:20 PM on 10/27/2011
All of them since they don't want any of their money to go to actual infants - you know - little ones that breathe?
03:33 PM on 10/29/2011
Good point, if we criminalize abortion we are going to have to reevaluate our priorities. A more robust system of support for impoverished children would almost certainly need to be established. Our quality of life would certainly decline.... or we could just get rid of the inconvenient and weak.
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
01:02 AM on 10/30/2011
Why learn by making a horrible mistake what you can learn by looking to history and seeing what happened when other people did what you propose?

Start by goggling "romainian orphanages".
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George From NYC
Warren in 2016
09:08 PM on 10/26/2011
The republicans want smaller government!

How small, you might ask?

Apparently small enough to fit in a womans uterous.
06:13 PM on 10/30/2011
I know. They're spending so much time with their noses up in there, you'd think they were trying to find the jobs they promised us.

I promise, I'm not hiding any jobs between my legs!
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05:09 PM on 10/26/2011
Anti-choice is based in religion. If you think that a human begins at the point of fertilization, you are free to act on those beliefs as you see fit, and are free to teach your children those beliefs. None of you will have abortions--or you just won't know about it if one of them does.

When fertilization is achieved it is a living organism, I think it's a blastocyte. It has the ability to become a human child down the line, it is on that trajectory, but is not one at that point, and won't be for some time. Many things can happen during that time before viability and the mother's life takes precedent.

My beliefs are different than yours and both must be respected. Each individual must be able to make the choice for herself in relation to her beliefs, her God if she believes in one, and her doctor. It's a violation of not only human rights but, in this country, right to privacy to attempt to legislate your beliefs on others. It's also religious persecution.

Particularly when the life of the mother is at risk, no one has the right to place the life of the fetus above the life of the mother. It most certainly is a human rights violation and if the mother was left to die the person responsible must be held accountable for manslaughter or murder. An embryo or fetus cannot survive without the host body--the mother.
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giftsthatpurr
zestful life
07:57 PM on 10/26/2011
Excellent post F/F
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nix28
Ignorance stirs my inner demon...Sorry.
12:35 AM on 10/27/2011
Brilliant post!
hatenomor
DO FOR SELF. BLACK SELF DETERMINATION
12:31 PM on 10/26/2011
Funny, but it seems that genecide is now deemed not a human rights violation, but, opposing genecide is considered a human rights violation?
http://www.blackgenocide.org/abortion.html
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HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
03:06 PM on 10/29/2011
It's not genocide to delay family formation until you are in a good mental, emotional, and fiscal place to do it.

It's called responsible parenting.
hatenomor
DO FOR SELF. BLACK SELF DETERMINATION
03:51 PM on 10/29/2011
Funny, how many abortions are committed in my community in the guise of responsible parenting. PP is an abortion mill. That is about all they do.
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jerryengelbach
Working class heritage
12:55 AM on 10/26/2011
According to the statistics I've been able to find online, the percent of legal abortions to live births was the same in 1972 (before Roe vs. Wade) as it is today, hovering around 20%. There are no reliable statistics on illegal abortions in 1972, but obviously, they must be added to the number of legal abortions to arrive at an accurate figure of total abortions.

http://www.infoplease.com/ipa/A0005067.html
http://www.tungate.com/new_page_4.htm

In other words, there were probably more abortions in 1972, when they were illegal, than there are today, when they are legal.
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rubysecret
dynamite with a laser beam
01:10 AM on 10/26/2011
Thanks. Is there any data on the impact of illegal abortions, in terms of emergency interventions, sterilizations, deaths etc.
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Boduognat
Lasciate ogne speranza, voi ch'entrate.
06:49 AM on 10/26/2011
I think I would agree with you on most points, and from an ideological viewpoint, I can be brief:

It should not be up to (mostly old) men to decide what goes on in a woman's belly.
If they are very much pro-life, they can have a say prior to the conception.

That said, have you considered the study of Donohue and Levitt of the University of Chicago that claims that legalized abortion has had a significant impact on crime rates 18 years later?

The study is easily available on the Internets and also here:

http://en.wikipedia.org/wiki/The_Impact_of_Legalized_Abortion_on_Crime.

In the end, the abortion debate has nothing to do with women's health or protection, but with restriction and power.
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Berettasskeeter
For what we are about to receive, may we be truly
09:17 AM on 10/26/2011
Should women, therefore, have NO say in military combat operations involving infantry, tank, special operations, etc?? After all, that's only men!!! I trust you will agree, given your remarks about involvement in abortion decisions by men.
Semper fi
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Bishop999999999
12:36 AM on 10/26/2011
The central issue of contention is the one that pro-choice advocates ignore, the proverbial "elephant in the room": Does abortion end a human life? You don't have to answer yes or no, but to completely ignore the issue, to treat opponents of abortion like this question isn't at the forefront of their minds, is a disservice to truth.

What I feel, and what millions of Americans of Americans feel, is that yes it does. This doesn't mean that the issue should be completely settled in favor of banning abortion, as there is still ample room for discussion. But to ignore the issue completely, and pretend that your opponents simply "hate women," that is not the way to come to a consensus and settle the issue.
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rubysecret
dynamite with a laser beam
12:50 AM on 10/26/2011
No one is ignoring that question. It's not a viable human, most of the time. "Potential" human life, yes. But the actual, real, viable, breathing human person is the one we should really care about. And stop shaming and vilifying her for making one of the hardest decisions of her life. Those of us who are deeply sincere in our conviction about ending abortion should step up and create a world where women feel safe, helped, supported and cared for when they become pregnant. This would, in most cases, render abortion obsolete. Until then, and even then, all medical decisions should remain private.
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Berettasskeeter
For what we are about to receive, may we be truly
09:18 AM on 10/26/2011
Viable? It is a human being, with completely separate DNA. Often even different blood type.
Semper fi
05:43 PM on 10/28/2011
You use the term "'potential' human life" but, what exactly does that mean?

Fact: A Zygote is biologically living. It is a single cell (for a small amount of time I might add).
Fact: It is genetically human. I think basic reasoning works here butI can elaborate if needed.
Fact: A zygote is a seperate lifeform from that of the woman. Its DNA is unique and not the result of genetic mutation(as is the case for cancer).

So my conclusion is that life is not potential as you say but,is actually there. Just because it is not what we commonly think of as life, myself included, does not mean it is not living.
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goatini
We are two-legged wombs, that’s all
01:02 AM on 10/26/2011
The "elephant in the room" is that either you agree that women have human rights, or you hate women.

Twelve Human Rights Key To Reproducti­ve Rights:

1. The Right to Life
2. The Right to Liberty and Security of Person
3. The Right to Health, including Sexual and Reproducti­ve Health
4. The Right to Decide the Number and Spacing of Children
5. The Right to Consent to Marriage and to Equality in Marriage
6. The Right to Privacy
7. The Right to Equality and Non-Discri­mination
8. The Right to be Free from Practices that Harm Women and Girls
9. The Right to Not be Subjected to Torture or Other Cruel, Inhuman, or Degrading Treatment
or Punishment
10. The Right to be Free from Sexual and Gender-Bas­ed Violence
11. The Right to Access Sexual and Reproducti­ve Health Education and Family Planning
Informatio­n
12. The Right to Enjoy Scientific Progress”
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giftsthatpurr
zestful life
01:42 AM on 10/26/2011
Excellent "Bill of Rights" I will keep it for future reference. Fav'd
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Bishop999999999
05:20 AM on 10/26/2011
"The "elephant in the room" is that either you agree that women have human rights, or you hate women"

Is that you Eve Ensler?