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Explain The Issues To The Claim To The Right Of A Child. 25 Marks

1087 words - 5 pages

Explain the issues of the claim to the right of a child.

Some people see rights as gifts from god, as humans were made in God’s image, making humans sacred. Being sacred gives us rights. People hold this view, while others don’t. That argue that rights come from nature, simply because we hold more intrinsic value than other creatures. Other would even argue that rights come from the responsibilities and duties that we have towards others. Rights are then simply a result of being human; this has an impact on every part of society.

This raises many issues in today’s society. The main question surrounding fertility treatment is “Is having a child by artificial means playing God?” ...view middle of the document...

This is because masturbation is an abuse of sex if it is not used in a unitative manner. Humans have the natural negative right to a child. Like Christian ethics, natural law holds the belief that we have a gift to a child, not a human right to a child. For many of the issues, natural law holds similar views on these rights.

Situation ethicists believe that the human right to a child is afforded by doing “the most loving thing”. This means that according to the situation anybody, potentially, has the right to fertility treatment. Whether an embryo is seen as a person or not, abortion depends on whether is is the loving thing to do. If it is, then it is always acceptable. However, it would be very difficult to predict the consequences.

Utilitarians believe that the answer to the issues to the claim of the right of a child is that whatever brings the greatest happiness to the greatest number is the right thing to do. Most utilitarians believe that people have a positive human right to a child therefore; having a child by artificial means is not playing God. And anybody should have the right to fertility treatment if it brings the greatest happiness to the greatest number.

For a utilitarian, the embryo does not have preferences; it is neither happy nor sad. It cannot feel pain or pleasure. But destroying it could affect others. This means that they must think that life begins at a later stage in the pregnancy, as they allow artificial means such as IVF. Homosexuals have the right to a child from a utilitarian perspective. If it brings happiness to the couple then it is accepted.

For Kant, he believed that the only natural right for humans is the ability to make moral choices. Therefore, humans have a human negative right to a child. He believed humans are humans at whatever stage in life they’re at. Therefore the difference between personhood and becoming a human is irrelevant. Embryos are human and should not be killed for fertility treatment.

Different people have different answers to these issues.

Bentham said, “Rights are nonsense on stilts”.

Bentham was a utilitarian....

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