| An embryo has no rights. Rights do not pertain
to a potential, only to an actual being. A child cannot acquire
any rights until it is born. The living take precedence over the
not-yet-living (or the unborn). |
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— Ayn Rand
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The FAQ is divided into five sections:
I recommend that you read through all the answers in the order
given, as later answers rely on material covered in earlier answers.
Questions concerning abortion:
What is abortion?
Abortion is the termination of pregnancy by the induced removal of an
embryo or fetus (that is incapable of survival outside the body
of the woman) which results in the death of the embryo/fetus.
What is the essential political issue concerning abortion?
The essential political question concerning abortion is: does the fetus
have a right to be in the body of a woman against the will of the woman?
Or: does a woman's body belong to her, or to the government to forcibly
dispose of in favor of the fetus?
Doesn't a fetus have a right to be inside the body of the woman?
A fetus does not have a
right
to be in the womb of any woman, but is there by her permission. This
permission may be revoked by the woman at any time, because her womb is
part of her body. Permissions are not rights. There is no such thing as
the right to live inside the body of another, i.e. there is no right
to enslave. Contrary to the opinion of anti-abortion activists (falsely
called "pro-lifers" as they are against the right to life of the actual
human being involved) a woman is not a breeding pig owned by the state (or
church). Even if a fetus were developed
to the point of surviving as an independent being outside the pregnant woman's
womb, the fetus would still not have the right to be inside the woman's
womb.
What applies to a fetus, also applies to a physically dependent adult. If
an adult—say a medical welfare recipient—must survive by being connected
to someone else, they may only do so by the voluntary permission of the
person they must be connected to. There is no such thing as the right
to live by the efforts of someone else, i.e., there is no such thing as
the right to enslave.
Questions concerning rights:
What is the source of all rights?
Rights are scientific, moral principles that guarantee freedom of action
in a social context. The source of an individual's right to life is one's
nature as a rational being. Rights are requirements necessary for an individual
to live as a rational being (human) in a society of men
(see Man's Rights by Ayn Rand, published
in
Capitalism: The Unknown Ideal).
Is abortion a right?
Abortion is an inalienable right. Abortion is not a violation of any right,
because there is no such thing as the freedom to live inside (or
outside) of another human being as a parasite, i.e., against the
will of that person.
This principle applies to both fetuses and adults. As a woman has a right
to choose who she has sex with (as her body is her property), so is it a
woman's right to choose what can and cannot remain inside her body (as her
body is her property). As it is evil for someone else to dictate
the use of her body by raping her, so it is evil for someone else to dictate
the use of her body by forcing her to remain pregnant.
As their is no such thing as the right to live inside another, whether the
fetus is removed, because of incest, or rape, or "convenience" does not
matter politically—whatever the reason, it is the woman's inalienable
right.
Is abortion murder?
Murder is the taking of the life of another human being through the
initiation of physical
force. Abortion is not murder, because a fetus is not an actual
human being—it is a potential human being, i.e. it is a part of
the woman. The concept murder only applies to the initiation of physical
force used to destroy an actual human being, such as when "pro-life"
terrorists bomb abortion clinics.
Isn't the fetus "life", and thus has a right to life?
A
right is a moral sanction to freedom of action in a social context.
Rights only apply to human beings, because only human beings
survive by the use of reason (unlike cows, trees, bacteria—and fetuses).
Rights only apply to human beings, because only human beings—and
not parts of beings—survive by reason. A fetus has no rights, as
it does not need freedom to take any actions, but survives on the sustenance
of its host. The only rational action it must take is nothing, i.e.
wait for itself to develop using the sustenance provided by its host.
What is the capitalist view on abortion?
Under capitalism
(a social system based on the principle of individual rights) abortion is
an inalienable right. Any one who advocates the outlawing of abortion (especially
in the first few months of pregnancy)—like Steve Forbes—is an enemy of individual
rights in principle, and thus an enemy of capitalism. As for those on the
Left, who think one can have a right to property without a right to one's
body, they are guilty of context dropping.
Questions concerning the fetus:
What is a fetus?
The concept fetus is used to denote the unborn human from
the end of the eighth week after conception to the moment of birth, as distinguished
from the earlier embryo (the product of conception from implantation
in the uterus through the eighth week of development). A fetus contains
all the organs and has the basic human form.
Is a fetus a human being because it has a complete set of human DNA?
A fetus is human, in the sense that it contains human DNA; however,
a fetus, like an embryo, is not a human being, as it has no
means of independent physiological existence (as does a baby, child, or
adult). As such, it is a potential human being, just like an acorn
is a potential oak tree. It contains all of the DNA of an oak tree, but
it is not an oak tree (See also
Leonard Peikoff on Abortion: Real Audio).
Is a fetus a human being because it has a complete set of human
DNA?
A fetus is a potential human being, and not an actual individual,
because it does not have physiological independence outside its host—the
pregnant woman.
(Toward the end of a woman's pregnancy, a fetus does have the physiological
means to live independently outside its host, the pregnant women, which
makes the birth of a healthy child possible, though it remains physically
dependent until birth. At birth the fetus becomes a physically independent
baby/child.)
Doesn't a fetus have rights because it is "life"?
Life is a state of a cell or organism characterized by capacity for metabolism,
growth, reaction to stimuli, and reproduction. A fetus is life, just as
an embryo, a sperm, an ant, an acorn, and a tree, are all life. All these
forms of life have no rights. The characteristic of life is necessary
to possess rights, but it alone is insufficient (see below).
Is a fetus an independent being?
A being is a physically independent entity. A fetus is physically/physiologically
dependent on the woman (host) for its survival—especially during
the early stages of pregnancy. Only upon birth is it physically independent
of the woman's body, an actual independent being. A baby, in contrast,
though 'socially' dependent on the actions of other human beings for its
survival, is physiologically and physically independent of the body
of its mother.
(An argument can be made that a viable
fetus that is fully developed (physiologically independent), but
still inside the womb (physically dependent), should not be aborted,
but should be delivered early.)
Is a baby a fetus?
A baby, infant, or child, is not a fetus. A baby is an actual
human being. A baby, or adult, is a fetus actualized, just like a young
oak tree is an acorn actualized.
Questions concerning sex and choice:
If a woman chooses to have sex with a man, and she becomes pregnant,
then doesn't a fetus have a right to be inside her?
The short answer is no. To understand why let us take the worse case situation:
suppose a young college girl is brutally gang raped by a mob of college
students (who were taught by their philosophy professor that morality is
a matter of numbers—and there are ten of them, and one of her) resulting
in the girl becoming pregnant.
According to the view implied in the question, the fetus she carries would
have no rights because she did not "choose to have sex." So she would
be justified in killing the fetus, because she was raped, and did not "choose
to have sex." This begs the question: was it the fault of the fetus that
the girl was raped? Did the fetus choose its means of conception? Of course
not. So why destroy the fetus, because the woman did not choose to
become pregnant?
The problem with such an argument is that it brings down the abortion question
down from a question of rights to the matter of competing non-choices:
the rights of the woman because of her non-choice of becoming pregnant versus
the "rights" of the fetus because of it's non-choice in deciding on whether
to be conceived.
According to this view, the source of ones right to life is whether
ones parents chose to have consensual sex or not. This is nonsense.
Rights are based on the fact of man's nature as a rational being, and not
on the sexual inclinations of one's parents.
This brings us back to the original question:
"If a woman chooses to have sex with a man, and she becomes pregnant,
then doesn't a fetus have a right to be inside her?"
Clearly, if the woman chooses to have sex, there would be no justification
for her being forced to carry the fetus, as the essential issue is not a
matter of sexual history, but a matter of rights. As there is no such thing
as the right to live inside another, whether the fetus is removed, because
of incest, or rape, or "convenience" does not matter politically—whatever
the reason, it is the woman's inalienable right.
Are abortion rights are based on the sexual choices of ones parents?
The source of the right to life is not the choices of one's
parents, e.g. a two year old child's rights are not based on any decisions
made by its parents. The source of the
right to life is one's nature as a rational
being
(see Man's Rights by Ayn Rand, published
in
Capitalism: The Unknown Ideal). Similarly, a fetus'
lack of rights, are based on its nature as human tissue—and not on
the choices of those who brought it into being.
The fact is that either the fetus has a right to be inside a woman
by its nature, or it does not—the issue of whether the girl chose
to have sex, or not, is irrelevant. The proper response to the "choose to
have sex" argument is to dismiss such an argument as irrelevant.
Questions concerning children:
Do children have rights?
Children, unlike fetuses, do possess individual rights. A new born child,
unlike a fetus, is a physically separate entity. A child is an
actual human being, with a capability to reason, and thus a child has
the same right to life as any adult. However, the application of
this right for a young child differs in practice from that of an adult,
as a child's conceptual faculty is not fully developed. This is why a six
year old girl does not have the
right
to choose to enter into a sexual relationship—and an adult does.
Why does a child, or adult, have a right to life, and not a fetus?
A child, like an adult, exists as a physically independent entity.
A fetus cannot exist as a sovereign entity, but requires a host to survive.
A fetus' so called right to life boils down to the "right to remain in the
womb"—and such a "right" is only possible by the violation of the actual
right of the pregnant woman to her body. In contrast, observe that a child's
right to life does not contradict the rights of anyone else. The principle
here is that any alleged "right" that by nature entails the violation of
the rights of another is not a right. There is no such thing as "trading
one's rights for the rights of others." Proper rights, i.e., rights that
are objectively defined, are non-contradictory.
Do parents own their children like they own their house?
Parents do not own their children, but are their guardians. Guardians
are individuals who make decisions for the child—in the child's best
interest—until the child's mind is developed enough so that the child can
make decisions for himself. If a parent gives birth to a child—and claims
to be its guardian (which is the prerogative of the parent)—then that parent
is responsible for taking care of the child, unless the parent revokes guardianship,
and turns the child over to someone else for adoption.
More questions?
Try our statistics page. Also see the
student resources page.
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