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The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales

Halliday, Samantha; Romanis, Elizabeth Chloe; De Proost, Lien; Verweij, E.J. (Joanne)

The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales Thumbnail


Authors

Lien De Proost

E.J. (Joanne) Verweij



Abstract

Time plays a fundamental role in abortion regulation. In this article, we compare the regulatory frameworks in England and Wales and the Netherlands as examples of the centrality accorded to viability in the determination of the parameters of non-criminal abortion, demonstrating that the use of viability as a threshold renders the law uncertain. We assess the role played by the concept of viability, analysing its impact upon the continued criminalisation of abortion and categorisation of abortion as a medical matter, rather than a reproductive choice. We conclude that viability is misconceived in its application to abortion and that neonatal viability (relating to treatment of the premature infant) and fetal viability (related to the capacity to survive birth) must be distinguished to better reflect the social context within which the law and practice of abortion operate. We show how viability thresholds endanger pregnant people.

Citation

Halliday, S., Romanis, E. C., De Proost, L., & Verweij, E. (. (2023). The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales. Medical Law Review, https://doi.org/10.1093/medlaw/fwad015

Journal Article Type Article
Acceptance Date May 9, 2023
Online Publication Date May 30, 2023
Publication Date 2023
Deposit Date May 17, 2023
Publicly Available Date Mar 29, 2024
Journal Medical Law Review
Print ISSN 0967-0742
Electronic ISSN 1464-3790
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
DOI https://doi.org/10.1093/medlaw/fwad015
Public URL https://durham-repository.worktribe.com/output/1173599

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Published Journal Article (530 Kb)
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Publisher Licence URL
http://creativecommons.org/licenses/by/4.0/

Copyright Statement
C The Author(s) 2023. Published by Oxford University Press.
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.
org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is
properly cited.





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