Back
 OJPP  Vol.5 No.7 , November 2015
A Critique of Selective Abortion in Lesotho
Abstract: Under the Penal Code Act of 2010 in Lesotho, abortion is considered as an offense against a person. This article normatively argues that the two clauses in the Penal Code that allow selective abortion to take place in Lesotho commit the fallacy of inconsistency because it treats the fetus which is regarded as a person differently from a born baby. In that Penal Code, it is allowed to terminate the life of a healthy person (fetus) if it poses harm to the life of the mother or to terminate its life if it is severely mentally disabled or physically deformed. As a matter of fact, this law allows the worse treatment of a disabled unborn person than the already born disabled person for whom when killed is regarded as murder. It is concluded that if the fetus and the born baby are regarded as persons, then they are both the bearers of moral status and they should be treated equally with dignity.
Cite this paper: Koali, S. (2015) A Critique of Selective Abortion in Lesotho. Open Journal of Philosophy, 5, 391-396. doi: 10.4236/ojpp.2015.57047.
References

[1]   (2010). Penal Code of Lesotho, Act of 2010, s45 (2).

[2]   Beauchamp, T., & Childress, J. (2001). Principles of Biomedical Ethics. New York: Oxford University Press.

[3]   Buchanan, A., & Brock, D. (1989). Deciding for Others: The Ethics of Surrogate Decision Making. New York: Cambridge University Press, 26.

[4]   Christian Lawyers Association of South Africa v Minister of Health 1998 (4) SA 1113 (t)).

[5]   Cronje, D. S. P., & Bernard, A. H. (1994). The South African Law on Persons and Family Law. Cape Town: Butterworths.

[6]   Currie, I., & Waal, J. (2005). The Bill of Rights Handbook (5th ed.). Hillstar: Juta & Company Ltd., 275.

[7]   Glannon, W. (2005). Biomedical Ethics. New York: Oxford University Press.

[8]   Kneisl, C., Wilson, H., & Trigoboff, E. (2004). Contemporary Psychiatric-Mental Health Nursing. New Jersey: Pearson Prentice Hall.

[9]   McQuoid-Mason, D., & Dada, M. (2011). A-Z of Medical Law. Cape Town: Juta and Company Ltd.

[10]   Rachels, J. (2007). The Elements of Moral Philosophy (5th ed.). New York: McGraw-Hill.

[11]   S v Mshumpa 2008 1 SACR 126 (E) 134E:
https://en.wikipedia.org/wiki/S_v_Mshumpa

[12]   Sulmasy, D. (1996). The Use and Abuse of the Principle of Double Effect. Clinical Pulmonary Medicine, 3, 86-90.

[13]   The Constitution of Lesotho 1993, Section 18, (3).

[14]   Van Heerden v Joubert (1994). ZASCA 101 (4) SA 793 (AD).

 
 
Top