| Abortion without free and informed consent? An Austrian case of first impression. | |
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MedLine Citation:
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PMID: 11445885 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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Notwithstanding the question of whether abortion is generally or exceptionally a legitimate means of family planning, it is basically agreed that abortion is not justifiable without free and informed consent of the pregnant woman. However, if abortion is held by the legislature to be a "ground of justification" (i.e., a far-reaching exception to criminal liability), is it true that abortion may also be carried out for the benefit of a pregnant woman who is not able to give free and informed consent? Should a substituted-judgment approach be applied in cases where the woman is incompetent to decide? Or should the pregnant woman's relatives' interests be taken into account exclusively? The author tries to answer these questions, which were tackled by the Austrian Supreme Court in a recent case. |
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Authors:
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E Bernat |
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Publication Detail:
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Type: Case Reports; Journal Article; Legal Cases |
Journal Detail:
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Title: The Journal of medicine and philosophy Volume: 26 ISSN: 0360-5310 ISO Abbreviation: J Med Philos Publication Date: 2001 Jun |
Date Detail:
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Created Date: 2001-07-10 Completed Date: 2001-08-23 Revised Date: 2004-11-17 |
Medline Journal Info:
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Nlm Unique ID: 7610512 Medline TA: J Med Philos Country: Netherlands |
Other Details:
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Languages: eng Pagination: 311-21 Citation Subset: E; IM |
Affiliation:
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Institute for Civil Law, Foreign and International Private Law, Karl-Franzens-University, Graz, Austria. erwin.bernat@kfunigraz.ac.at |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Abortion, Legal* Austria Decision Making Female Humans Informed Consent / legislation & jurisprudence* Mental Competency / legislation & jurisprudence Pregnancy Pregnant Women* Proxy / legislation & jurisprudence |
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