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REVIEWS
Abortion Is the Same as a Murder of an Innocent
Human Being
Togzhan Yezlankyzy 1 * *, Shokan Niazbekov 1
1 Department of Health Care Law, Asfendiyarov Kazakh National Medical University, Almaty, Kazakhstan
ABSTRACT
Abortion is one of the most controversial and talked problem of our time. It is discussed in classrooms, work places and even on the internet. The definition of abortion is the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus as the spontaneous expulsion of a human fetus during the first 12 weeks of gestation. Kazakhstan’s health organization records 300 thousand abortions every year. Abortion problem is unlikely to care about a man devoid of human values. But the future mother does not think about the consequence of making abortion. Making criminal abortion is a class struggle, since the rich person can always go to other places where it is legal and have an abortion whilst, the poor one cannot do this, but have to resort to unsafe abortions which can lead to their death. According to the article 104 in Health care system of the Republic of Kazakhstan, the abortion can be made if the cause of pregnancy was criminal and rape actions, no willingness to pregnancy. In our point of view, abortion shall be prohibited by law at the moment. If we do not prohibit abortion or control it very strictly, our nation will become endangered. According our research illegal abortion takes place everywhere and every time and has its advantages and mainly disadvantages. But illegal abortion should be dissolved and there are decisions which we created in the article will help to regulate and decrease the amount of illegal abortion.
How to cite this article: Yezlankyzy T, Niazbekov Sh. Abortion is the same as a murder of an innocent human being. Int Stud J Med. 2015; 1 (4): 23-30
INTRODUCTION
Abortion is one of the most controversial and talked problem of our time. It is discussed in classrooms, work places and even on the internet. The definition of abortion is the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus as the spontaneous expulsion of a human fetus during the first 12 weeks of gestation. These improvements will help in reducing the shocking figures, that “almost all unsafe abortions take place in developing countries, and this is where 98 % of abortion-related deaths occur” World Health organization [1].
Kazakhstan’s health organization records 300 thousand abortions every year. The total number of abortions is from 80% to 100 % of the birth rate [2]. Is it better for our nation? What will be with our future generation? Because, the majority of school girls make the abortion. It means that our parents do not bring up their children in high level. Therefore we are facing like this problem. According to the experts,
Recieved: 3 November 2015/ Accepted: 1 December 2015/ Published online: 30 December 2015
* Address for Correspondence: Togzhan Yezlankyzy, Kurmangazy Str. 1 f. 87, Almaty, Kazakhstan. Tel.: +7 747 315 3227. Email: 11atogzhane@gmail.com
abortion begins from the age of 14; the experts meet rarely the 12-year-old students who made abortion [3]. This is the biggest regret for our nation.
The main goal of our article is to demonstrate the negative aspects of abortion for women health and all our population and call to save right to life of preborn child.
In our point of view, abortion will be prohibited by law at the moment. If we do not prohibit abortion, our nation will become endangered.
MAIN BODY
Abortion problem is unlikely to care about a man devoid of human values. But the future mother does not think about the consequence of making abortion. Making criminal abortion is a class struggle, since the rich person can always go to other places where it is legal and have an abortion whilst, the poor one cannot do this, but have to resort to unsafe abortions which can lead to their death. According to the article 104 in Health care system of the Republic of Kazakhstan, the abortion can be made if the cause of pregnancy was criminal and rape actions, no willingness to pregnancy.
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Moreover, legally permission for doing abortion in most world countries can be only in cases: If there are risks to the mother’s life and health, when process of pregnancy is continued. Risks can be severe infections, cases of preeclampsia, heart failure, in a state on which a woman develops high blood pressure. Moreover, Erika Levi, a obstetrician and gynecologist at the University of North Carolina, Chapel Hill says that “There are certain cases where ending the pregnancy is the only option, cases where it would be putting the mother’s life at risk to continue the pregnancy” [4]. Also, The American College of Obstetricians and Gynecologists comments about abortion: “Abortions are necessary in a number
of circumstances to save the life of a woman or to preserve her health. Unfortunately, pregnancy is not a risk-free life event” [5].
However, according to the article 104 from The Code of the Republic of Kazakhstan dated on September 18, 2009 No 193-IV, “On public health and health care system” abortion can be permitted in special situations. Article 104 explains general abortion process. Moreover, a woman shall have the right to abortion. In order to prevent abortion, the doctors shall have to conduct interviews to explain ethical, psychological and physiological adverse effects and possible complications [7].
However, abortions shall be performed at a woman’s request if pregnancy is up to twelve weeks, for social reasons - for the pregnancies up to twenty-two weeks, and in medical indications, threatening the life of a pregnant woman and (or) a fetus (in the presence of monogenetic diseases, not-corrective congenital
1 If there are risks of injury to the mother’s mental and physical health, when the pregnancy is continued
2 If there are risks to the mental and physical health of any of the woman’s other children
3 If there is crucial risk that the baby would born with grave mental and physical disabilities (it is in medicine called as fetal abnormality), or in cases with a serious genetic problems
4 When pregnancy was the result of a crime. For instance, crimes like rape, child abuse, incest:
5 Abortion because of some social reasons, such as poverty, when mother is too young to take care of a child, when mother is unable to cope with a child
6 Abortion with the government decision and policy. For example, it can be as a way of controlling population size or as a way of controlling some groups within a population and as a way of improving the population.
Figure 1. Grounds on which abortion is permitted [6]
Woman has not reached the legal age of marriage or if she is not married When the husband died at the time of pregnancy;
Pregnancy happened because of rape;
If woman is refugee or migrated;
When spouse is derived from the paternity with the decision of the Court; If family has a disabled child;
Figure 2. Social reasons for abortion which is permitted by Ministry of healthcare and social
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malformations and fatal fetal conditions) - regardless of the gestational age. Despite that abortions to the minors shall not be performed with the consent of their parents or other legal representatives. Medical and preventive treatment institutions at a woman’s request, medical-social counseling shall be held before and after abortion, including individual choice of methods and means of contraception. The procedure and conditions for abortion shall be established by the authorized body.
Moreover, in the territory of Republic of Kazakhstan abortion can be permitted according to the chapter 17 and article 96, which is called “Protection of reproductive rights” and Article 96 is about that the rights and duties of citizens in reproductive rights area. Every patient who wanted to make legal abortion should be sure that equipment must be surgically sterilized.
Also, there should be some conditions to the process of surgical sterilization according to the article 103. Surgical sterilization is method of preventing unwanted pregnancy may be conducted to the citizens of not less than thirty-five years old, or those, who at least have two children, and for medical reasons, and with the consent of the full-aged citizen - regardless of his age and presence of children. However, surgical sterilization shall be carried out only upon a written agreement of a patient in the healthcare organizations, by the private medical practitioners, licensed for this activity, with the obligatory prior notification of the patient on irreversibility of the operation. The main features of surgical sterilization are the procedure and conditions for the surgical sterilization shall be established by the authorized body. So, illegal abortion in the Republic of Kazakhstan is prohibited and if abortion goes illegally the people who are participated to this crime will be punished according to the Criminal Code of the Republic of Kazakhstan.
Also, article 117 is about who can make an abortion for pregnancy women on medicine field. Objects of crime are life and health of women.
Objective side of crime is committed by unqualified person who wanted to make abortion. According to Kazakhstan law, abortion must make by who has a high medicine qualification in surgery-gynecologist, obstetrician-gynecologist. If abortion made by
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therapist, neurologist, nurse or paramedic doctors, then they should punish by Criminal Code. Illegal performance of an abortion by a person, that has a higher medical education in the appropriate field is punishable by a fine in the amount up to five hundred monthly calculation indices or by corrective labor for a period of up to two years, or with the deprivation of liberty for the same period with the deprivation of the right to hold specified offices or to engage in specified activities for a period of up to three years [8].
According to the article 117 first paragraph on Criminal code of Republic Kazakhstan the crime committed directly, the guilty person should be punished because of making abortion with unqualified knowledge and guilt know about that he or she does not allow to make illegal abortion. Illegal performance of an abortion that resulted in death or serious injuries is punishable with the deprivation of liberty for a term of up to seven years with a possible deprivation of the right to hold specific offices or to engage in specific activities for a term of up to three years.
Subject of crime is person who reached to 16 years old and who not qualified person on medicine field [9].
As you might imagine this is not a black and white issue and involves many complex legal, moral, philosophical and religious factors. These all influence how someone views this subject. According to the World Health Organization, 19-20 million abortions are recorded illegally that is to say by those without the necessary medical training [10]. How we know that making abortion is not right way to get avoid from responsibility of parents. The most of countries abolish to make an abortion and that action punish by Criminal law.
Nepal government required from Islamic family to make abortion for taking care of government. The abortion can be useful for third world countries to provide with medical care and to prevent family from lack of educational system. I think that the government can think about their allowance for every child, therefore they are requiring from local people to make the abortion. But developing country like China is making reforms for regulate the population size. If the family mother is waiting for the third child, she
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For saving the mother’s health which include her mental health;
Abortion can help to prevent the child’s “unacceptable quality of life” like serious hysical disorder
Genetical problems;
Mental defect;
Unprepared pregnancy,
Medical abortions can be done at home;
This abortion can be less emotionally than bring up unwanted child;
Figure 3. Indications for abortion in other countriesdevelopment of the Republic of Kazakhstan
will make the legal abortion.
child, therefore they are requiring from local people to make the abortion. But developing country like China is making reforms for regulate the population size. If the family mother is waiting for the third child, she will make the legal abortion.
According to the Article 104 of Public health and health care system of Republic Kazakhstan noticed that if the mother is under 18 years old and she is pregnant, she should take a permission of her parents, then the doctors can make an abortion. If she made an illegal abortion, she will punish by the Criminal law of Kazakhstan in 1 paragraph of 117 articles.
However reminded that Kazakhstan - a secular state: «And in a secular state for all should be the right choice». His view is supported by the president of «voluntary societies» Mercy Aruzhan Sain: And I think before making such statements, the deputies should visit the orphanages and shelters house. Let’s see how abandoned children live today. I’m not prochoice, but against any restrictions. She said that «if necessary, the woman did not interfere with this aim to travel to neighboring states» [11].
On the other hand, Jack Sean supports «the abortion should be illegal because we need mother who want their child and are prepared to raise child well-educated person» [12]. If mother who does not want
their child they should make abortion. Consequence of that children will be orphans or become violent child because of their parents do not take care well.
Disadvantages and consequences of illegal abortion are listed below:
Illegal abortion is a type of murder and humiliates the importance and value of human life. According to the Constitution of the Republic of Kazakhstan and part, which is called «The Individuals and Citizen», article 15 everyone shall have the right to life. No one shall have the right to arbitrary deprive life of a person. In a state such as Uganda, about 300,000 illegal abortions take place every year, despite the reality that abortion is legal only to save a woman’s life. After illegal abortions human value can be decreased. Pope Francis in «the throwaway culture» in Jan. 2014 said that «what is thrown away is not only food and dispensable objects, but often human beings themselves, who are discarded as “unnecessary”. For example, it is frightful even to think there are children, victims of abortion, who will never see the light of day...» [13].
As a result of abortion people, who can be valuable to the society can be wiped out. What would be the world be like if the parents or mothers of Steve Jobs, Nursultan Nazarbaev and George Washington had had an abortion? For instance, according to the Heisman Trophy-winning football player Tim
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Tebow, «the reason I’m here» is because his mother ignored the advice of doctors who recommended an abortion. It has also been published that the mothers of entertainers Cher, Celine Dion and Justin Bieber were decided to make an illegal abortion and then decided to give a chance of life to their children [14].
Women and sometimes father of a child who did an abortion usually suffer from significant psychological damages. Many women who take a decision to make illegal abortion in their younger years end up their rest of the life with a quilt. Frequently, this action leads to stress and depression, unwanted memories. In medicine this condition is called as Post-Abortion Syndrome (PAS). This syndrome can be physical, social, medical, psychological or moral. Because of this syndrome women can have repression ofemotions, aggression and violence, problems with sleep, such as insomnia, «hearing» a baby crying or nightmares, non-hormonal PMT, back pain, skin irritations, anorexia, bulimia, difficulty with relationships and isolation from society, self-punishing behaviors, trauma and illegal abortion even can lead to the suicide. Moreover, a World Health Organization did a research and concluded that the termination of pregnancy might last to psychiatric disorders. The Elliot Institute, a US based international organization published their three studies about abortion. The first of them, which is published in the British Medical Journal (2002; 24:151-2) that women who did an illegal abortion suffer from depression than women who carry their unplanned pregnancies. The second study, which is published at the American Journal of Orthopsychiatry (2002; 72 (1): 141-52) states that illegal abortion most powerfully associated with treatment from neurotic depression, alterated reactions, schizophrenic disorders, bipolar disorder. The third study (2002; 95(8):834-841) exposed that there were evidences that among women who did an abortion higher mortality rate is appeared at least eight years. Additionally, analogues study in Finland found that women who did an abortion comparing to the women who did not 3.7 and 6.5 times more likely commit suicide within a one year [15].
1. Illegal abortion counts out legal right of the unborn child. Morally, no one shall have the right to murder unborn child, even human is not fully developed.
2. Illegal abortion leads women to a range of health
risks and danger of losing fertility. The World Health Organization defines illegal abortion as unsafe abortion, because mostly at the time of terminating pregnancy performed by a person who lacks necessary skills or in an environment that does not match to the medical standards. Also, almost all illegal-unsafe abortion related to death take place in developing countries, with the highest amount in Africa. It is a fact that 98 percent of illegal-unsafe abortions occur in developing countries [16]. So, in places where abortion is unsafe leads to the maternal mortality. Each year 70,000 from all of the world women dies because of unsafe abortion and 19 million women at the risk of degradation and diseases, infertility, chronic pelvic pain, genital trauma. Also, a number of symptoms with lead in a short period of time, such as fever, vomiting, nausea and bleeding also common. The Finland researchers discovered that women who did an abort, comparing with women who carried their babies were 60 percent more likely to die because of natural causes, 7 times more likely to commit a suicide and 4 times more likely to die because of injuries and 14 times more likely to die because of homicide. Moreover, woman who did an abortion have 2.3 times higher risk of having cervical cancer than women who did not. Women who have history related to abortion more than one time have 4.92 relative risks [17]. According to the fact which is estimated in 2005 8.5 million women experience complications from illegal abortion that require medical attention and 3 million do not receive the care which they need. Similarly, subsequent ovarian and liver cancer and unnatural development of the hormonal changes, untreated cervical damages can be linked. Also, illegal abortion lead to uterine perforation, endometritis, pelvic inflammatory disease (PID), immediate complications, lower general health, increased risk for contributing health risk factors and placenta previa, cervical lacerations.
3. Illegal abortion and other type of abortion are against doctors ’ Hippocratic Oath. When doctors give an oath they say “First, do not harm”. So, killing a human being is contradicts to the oath.
4. An abortion carries the risk of on being at a second time pregnant. The direct consequence of illegal abortion is the risk of injure to a woman’s reproductive organs and her capability to have children in future.
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5. Illegal or legal abortions are not suitable for countries like Kazakhstan and for developing countries. The population should be increased in the territory of the Republic of Kazakhstan and abortion takes from a chance to enlarging population. For instance, in 2013 year people who did registered abortion were 2138 and in 2014 were 1591. It is a count of registered abortion and so it is hard to imagine how much abortion is going not registering and illegally. Moreover, since 2003, the amount of illegal abortions fell by 600,000 in the developed countries, although increased by 2.8 million in the developing countries. In 2008, 6 million illegal abortions were accomplished in developed world and 38 million in developing world, affecting to the population distribution [18].
6. Fetuses can feel pain at the time of the abortion procedure. Maureen Condic, PhD, Associate Professor of Neurobiology and Anatomy and Adjunct Associate Professor of Pediatrics at the University Of Utah School Of Medicine discovered that «most primitive response to pain, the spinal reflex», is developed by eight weeks gestation, and adds that «There is universal agreement that pain is detected by the fetus in the first trimester» [19]. Also, Kanwaljeet J. S. Anand, MBBS, DPhil, Professor of Pediatrics, Anesthesiology and Neurobiology at the University of Tennessee Health Science Center, said that «If the fetus is beyond 20 weeks of gestation, I would assume that there will be pain caused to the fetus. And I believe it will be severe and excruciating pain» [20]. As a consequences of illegal and legal abortion people can feel themselves as God and the importance of religious can be declined.
7. In same cases parents can select the sex of their child and because of that go to the way of illegal abortion, while this action will be as act of discrimination. In the Constitution of the Republic of the Kazakhstan, part “The Individuals and Citizens”, article 14 no one shall have the right to discriminate people according to the sex and other circumstances [21].
CONCLUSION
In conclusion, illegal abortion takes place everywhere and every time and has its advantages and mainly disadvantages. But illegal abortion should be dissolved and there are decisions which we created and think that they will help to regulate and decrease
the amount of illegal abortion.
In our point of view, solutions can be like:
Give an availability from government side to adopt a childfrom woman who are pregnant and do not want a child. First of all, authority should organize a house (like a house for old people or orphanage) for pregnant women who do not want a child. Secondly, fund this house by government or by other countries private organizations and give financial and psychological support to the mothers. Thirdly, contact with parents or parent who want to adopt a child and make all relation based to the law or medicine. Parents who adopt a child can be from several countries of the world, because when more people who want to adopt a child there is more chance that abortions will not happen. In this situation all information which is associated to pregnant women will be kept secretly.
In developing countries more organizations should be created to avoid from illegal abortion or problems from illegal abortion. Today many people and especially young girls commit illegal abortion by not knowing causes and mental and health problems of illegal abortion that can continue in all the rest of life. So, in such cases organizations can give to people anonymously advices by telephone conversation or by internet services and if they wish members of organization can have a meeting face to face, but all information will be kept secretly. After that, woman who wanted to make an abortion will know all of the dangerous sides of illegal abortion.
Make illegal abortion legally in most cases and situations can reduce death rates and health and mental problems. This decision can limit problems which were created because of illegal abortion. For instance, first of all, in countries where abortion is permitted legally usually abortion goes with safe way and death rate is not higher than in states where abortion is highly restricted. For example, the illegal abortion rate is 29 per 1000 women in Africa, 32 per 1000 in Latin America-regions where abortion is prohibited. The rate is 12 per 1000 in Western Europe, where abortion is permitted with exceptions [22]. So, we can compare these facts and understand that because of illegal abortion more woman’s health at risk than that of legal abortion. Moreover, more people dies in developing countries where abortion is strongly restricted, because of not saving medical standards at
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the process of termination or when process goes by individuals who are not well educated. Additionally, if abortion is permitted it is obvious that abortion process goes on clinics and procedures and it will be safer. Secondly, when women have the right to make an abortion then these women are less likely to suffer from mental problems than women who denied doing abortions. Thirdly, A University of California at San Francisco research stated that women who did not make abortions in clinics, because it is limited by the law were three times more probably to be in poverty level for about two years comparing to women who had a legal abortion. Next point is about that unwanted pregnancy is leads to birth defects, increased risk of child abuse, maternal depression, a high risk of physical violence, lower education attainment. Also, when abortion is strongly prohibited then crime rate can increase. It meant that when abortion is permitted then crime rate will decrease. However, we did not recommend giving permission for all abortions, but abortion should not be restricted strongly because of reasons which are listed.
ACKNOWLEDGEMENTS
The authors thank Master of Law, at the Department of Medical Law and Basics of Legislation in Healthcare, Otarbayeva A.B., for her review of the manuscript and valuable suggestions.
CONFLICT OF INTEREST
The authors confirm that this article content has no conflicts of interest.
AUTHOR CONTRIBUTION
All authors contributed to the study design, interpretation of the literature data, and the manuscript drafting. All authors read and approved the final version of the manuscript for publication.
ORCID
Togzhan Yerlankyzy http://orcid.org/0000-0003-2131-017
Shokan Niazbekov http://orcid.org/0000-0003-0114-9977
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