ABORTUS PROVOCATUS DALAM PERSPEKTIF HAK ASASI MANUSIA

HALIM, PAULUS BENNY (2010) ABORTUS PROVOCATUS DALAM PERSPEKTIF HAK ASASI MANUSIA. S1 thesis, UAJY.

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Abstract

The unborn child is the bearer of rights which are violated by abortion. In the common law world there is a complex mass of decisions relating to unborn children which are often difficult to reconcile. Their incoherence derives from the obvious fact that the unborn child is an individual organism of the human species, and the objective in certain respects is to ensure that he or she does not have the same rights as other human beings. The common law has not treated the unborn child as a legal person for all purposes. However it cannot be right that the most basic question - who is the subject of human rights - who is a member of our community under the rule of law - should be left piecemeal or incoherent either by the legislature or by the courts; and that it cannot be reasonably treated as a matter to be decided by arbitrary line drawing by the accidents of precedent Human Rights' is to be considered, abortion can not be regarded as acceptable fertility control.The right to life is a 'core' right without which all other rights are meaningless In seeking to protect the unborn there are some painful decisions to be made because many women are in situations of injustice. Creative non-violent solutions to such problems are far more desirable than abortion which is the ultimate social injustice. Even though the enforcement of laws to protect unborn babies is difficult, this does not remove the need to seek just solutions.

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