This document discusses abortion from perspectives of social justice and human rights. It examines how abortion is portrayed in society through laws, the extent social justice has influenced abortion laws, and whether abortion supports or conflicts with ideas of social justice based on human rights. Abortion laws have developed from being more pro-life to pro-choice, reflecting increased individual freedom and choice but potentially conflicting with views that the fetus has a right to life as protected by human rights law.

1. By Priya Shin
ABORTION IN A JUST
SOCIETY
IN A JUST SOCIETY, THE LAW PROTECTS HUMAN
RIGHTS AND PROMOTES SOCIAL JUSTICE. IT MUST
BOTH ELEVATE THE DIGNITY OF EACH INDIVIDUAL,
AND ENSURE FAIRNESS IN THOSE INSTITUTIONS THAT
ARE INSTRUMENTAL TO SOCIAL OPPORTUNITY

2.  How is abortion portrayed in society via the laws?
 To what extent has social justice played a part within the laws
of abortion? Is it well integrated?
 With regards to abortion from the perspective of human
rights, does this support or conflict the idea of social justice?
BREAKDOWN

3. HOW IS ABORTION PORTRAYED IN
SOCIETY VIA THE LAWS?

4. What?
 Medical process
 Termination of the pregnancy – no baby
Why?
 Health risks
 Personal circumstances
 Condition of the baby
When?
 Abortion Act 1967 s.1(1)(a): “…pregnancy has not exceeded
its twenty-fourth week…”
ABORTION IS…

5. REPRESENTATION OF ABORTION IN
SOCIETY
PRO – LIFE v PRO - CHOICE
Society for the Protection of
Unborn Children (SPUC)
British Pregnancy Advisory
Service (BPAS)
Marie Stopes International

6.  Offences Against the Persons Act 1861 s.59
 The Infant Life Preservation Act 1929
 The case of Bourne 1938
 “If the doctor is of the opinion, on reasonable grounds and with
adequate knowledge, that the probable consequence of the
continuance of the pregnancy will be to make the woman a physical
or mental wreck, the jury are entitled to take the view that the doctor
is operating for the purpose of preserving the life of the mother”
 The Abortion Act 1967
ARE THESE REPRESENTATIONS
REFLECTED IN UK LAWS?
• Development from pro-life to pro-choice
• Increased permissiveness – utilitarianism – maximising happiness of the
majority to provide abortion?

7. TO WHAT EXTENT HAS SOCIAL JUSTICE
PLAYED A PART WITHIN THE LAWS OF
ABORTION?

8. Justice as Fairness - Rawls
 Equality
 Freedom
 The Original Position – Veil of Ignorance
Utilitarianism
 Maximising the overall good
 Bentham and Mills – greatest amount of good for the greatest
number
Historical Entitlement – Nozick
 Justice in transfer
 Justice in acquisition
 Principle of rectification
SOCIAL JUSTICE IS…

9. Have the theories of social justice been incorporated within the
policies of abortion?
Rawls:
 Existence of the Abortion Act 1967 – individual freedom
 Right to abortion applies to everyone – same opportunities
 Original Position and Veil of Ignorance – characteristics are
not considered
Utilitarianism:
 Pro-life supporters – does not maximise the good – more pain
 Pro-choice supporters – more pleasure than pain
Nozick:
 Justice in acquisition – acquiring abortion
 Justice in transfer – a transaction
 Principle or rectification – illegal abortions
SOCIAL JUSTICE AND ABORTION

10. WITH REGARDS TO ABORTION FROM THE
PERSPECTIVE OF HUMAN RIGHTS, DOES
THIS SUPPORT OR CONFLICT THE IDEA
OF SOCIAL JUSTICE?

11.  ECHR Article 2: Right to life
 At what point is a foetus a baby?
 As soon as it is considered a human, aborting it may be seen as
breaching Article 2
 Abortion – breaching right to life – no basic freedoms and
denied the same opportunities, contradicting Principle of
Equal Liberty
 No basic freedoms – breach of Article 5: Right to Liberty and
Security?
 What about ‘right to life’ from the perspective of the woman?
ABORTION FROM THE PERSPECTIVE OF
HUMAN RIGHTS

12.  Pro-life v Pro-choice = two opposing views
 There has been a clear development of abortion laws over the
years
 Abortion is more acceptable in society, thus promoting individual
choice and freedom – integration of social justice
 Conflict in terms of the utilitarian view
 Abortion with regards to human rights may conflict social
justice
 No life – deprivation of basic liberties
 BUT, abortion may protect the woman’s right to life if her life is
endangered because of the pregnancy – protecting her liberties
TO CONCLUDE…
Thank You