PHIL 2050 Lecture Notes - Lecture 2: John Stuart Mill, Psychological Trauma, Prentice Hall
11 Apr 2016
School
Department
Course
Professor
Document Summary
The case of r. v. morgentaler was a challenge against the provisions relaing to aborions and how they were unconsituional and violated a woman"s rights under secion 7 of the. Prior to this case secion 251 of the criminal code allowed for therapeuic aborions to be performed only in accredited or approved hospitals with proper ceriicaion of approval from the hospital"s therapeuic aborion commitee. The three doctors challenged the aborion law staing that it violated secion 7 of the charter. Secion 7 of the charter guarantee"s everyone the right to life, liberty, and security and the right to not be deprived of this right (pg374). The quesion brought to the court was whether the protecion of a developing fetus outweighed the right to security of a pregnant woman. The majority of the court accepted that the aborion law violated secion 7 of the charter and that law could not be save under secion 1 of the charter (pg375).
