Danoff
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It's a tough topic for sure, one that Californians have been debating for the last two elections. We just recently decided that parents need not be notified before an abortion is performed on an underage girl.
Foolkiller, Swift, and I have all weighed in.
My question is this: what do parents have the right to do to their children and at what point are the rights of the child violated.
Obviously children are not property. You cannot kill your child without going to jail. Similarly, you cannot refuse medical procedures that would save your child's life. There are many things your child is legally allowed to do (and that others are legally allowed to do to your child) without your consent.
They can get their hair cut/died. They can get piercings. They can buy/wear clothing. They can receive emergency treatment. etc.
This is because children are individuals with right guaranteed under the US consitution. As a parent, do you have the right to:
Prevent your child from taking medication?
Force you child to take medication?
Prevent your child from having plastic surgery?
Force you child to have plastic surgery?
Prevent your child from receiving emergency care?
Force you child to receive emergency care?
How about forcing a child to have an abortion? How about forcing them to bear a child?
Tough questions.
My view is that as children grow older, they should become more and more in control of their bodies. I think carrying a baby is about as personal a decision as can be. If they're old enough to get pregnant, they're old enough to decide whether to keep it. The alternative is to allow the parents to force them to do either one, and I think either way could be torture.
Another argument that's often made in this discussion is that the kids are going to get the abortion done illegally anyway, so don't you want them to get it done by a trained physician? I dismiss this line of reasoning everywhere I see it. Just because people are going to break the law and hurt themselves doesn't reflect what the law should be. If kids are going to have abortions illegally without parental consent, that's on them.
Foolkiller, Swift, and I have all weighed in.
SwiftI mean that parents are responsible for the actions of their children while they are minors. Generally speaking. Not to mention the law demands that they take care of them. So, why is it they can get an abortion and not say anything? Especially if they are under the statute limit in that state? Meaning, 12, 14 or whatever.
I get the whole privacy thing. But it's pretty much saying I can do whatever I want and you still HAVE to take care of me, by law.
DanoffWell this prop wouldn't have changed that. It was only notification of abortion, not permission. We struck down the parental permission prop last time around.
By law, parents are partially responsible for their children's behavior. If your kid goes to school, grabs a pencil and stabs someone in the eye, you don't go to jail. That being said, parents are responsible for providing food, clothing, education, and housing to their kids. If they can't do that, they shouldn't have them. But this state has decided that abortion is a personal decision, one that can be kept confidential and doesn't require parental consent, even if you're under age.
Maybe it's because some kids get pregnant by their parents. Maybe it's because some parents are pro-life and would pressure their kids to bring the fetus to term. There are a lot of reasons why abortion is personal.
FoolkillerI agree with Swift on this (on an abortion issue - NEVER!). I don't know what the regulations are on medical procedures in California, but I know in Kentucky that a non-emergency medical procedure cannot be performed without parental permission/notification. When I was in seventh grade I got hit under the eye with a tennis racquet and was bleeding like crazy (so it seemed). I wasn't anywhere near bleeding to death or even needing stitches so the ER doctors stood around until my father could be contacted by phone.
The same goes for cosmetic procedures. Parents have to give permission under the age of consent. I think this should apply to abortion as well. If we can't trust a 14-year-old girl to judge whether she needs bigger boobs then why do we trust her to decide if she wants to carry a fetus to term?
But California law may differ on this. I just think the parental involvement in abortion should be the same as it is in any other non-emergency medical procedure. I would even accept someone with legal permission from a parent to grant a medical procedure (I can't remember the legal term). I know my mother handed a bunch of those out to friends and family after my tennis racquet incident.
My question is this: what do parents have the right to do to their children and at what point are the rights of the child violated.
Obviously children are not property. You cannot kill your child without going to jail. Similarly, you cannot refuse medical procedures that would save your child's life. There are many things your child is legally allowed to do (and that others are legally allowed to do to your child) without your consent.
They can get their hair cut/died. They can get piercings. They can buy/wear clothing. They can receive emergency treatment. etc.
This is because children are individuals with right guaranteed under the US consitution. As a parent, do you have the right to:
Prevent your child from taking medication?
Force you child to take medication?
Prevent your child from having plastic surgery?
Force you child to have plastic surgery?
Prevent your child from receiving emergency care?
Force you child to receive emergency care?
How about forcing a child to have an abortion? How about forcing them to bear a child?
Tough questions.
My view is that as children grow older, they should become more and more in control of their bodies. I think carrying a baby is about as personal a decision as can be. If they're old enough to get pregnant, they're old enough to decide whether to keep it. The alternative is to allow the parents to force them to do either one, and I think either way could be torture.
Another argument that's often made in this discussion is that the kids are going to get the abortion done illegally anyway, so don't you want them to get it done by a trained physician? I dismiss this line of reasoning everywhere I see it. Just because people are going to break the law and hurt themselves doesn't reflect what the law should be. If kids are going to have abortions illegally without parental consent, that's on them.