Pregnancy and State Intervention

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Legislation and Government Policy During Pregnancy
1. Human Embryo and Fertilisation Act (1990) (2008) 2) Infant Life (Preservation) Act (1929) 3) Offences Against the Person Act (1861) 4) The Children Act (1989) 5) Abortion Act (1967) 6) Mental Health Act (2007)
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Pregnant Women's Rights
- woman can refuse medical treatment - cannot be prosecuted for harming unborn child - exception: time limit on abortions, offences against the persons act
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Case of Sarah Catt
- aborted baby within week of due date - charged and found guilty of administering drugs - no legal abortion - had an affair - concealed pregnancy
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Infant Life (Preservation) Act 1929
- capable of being born alive (child could have survived outside the womb) - intent to kill the unborn child (hard to prove)
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Kevin Wilson
- guilty of stamping on pregnant ex's stomach and killing unborn child - denied charge of child destruction but jury found him guilty
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Mental Capacity Act (2005)
- protect and empower individuals who may lack mental capacity to make their own decisions about care and treatment
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Alcohol Consumption Case
- 7 year old born with severe brain damage and now in care - mother ignored warning signs and was aware of risk - drank excessively - alcohol consumption "directly attributable to a crime of violence" was overturned but heard in Court of Appeal
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Debate around Tobacco Use
- argue for hospitals to carry out CO checks to check if pregnant women are smokers - "BabyClear" Programme
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Foetal Rights
Infant Life (Preservation) Act 1929 - Kevin Wilson
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Ward of Court
- ward is someone placed under protection of legal guardian - court may take responsibility for the legal protection of child - in England, attempts have been made to make an unborn child a ward of court
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Father's Rights
Patan v. British Pregnancy Advisory Service Trustees & Patan v. United Kingdom
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Paternity Pay and Leave
Male is entitled to paternity pay and leave.
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Paternity pay
time off because because your partner is having a baby or adopting a child.
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Criteria for paternity pay
- must tell employer at least 15 weeks before the week the baby is expected - baby's due date - when you want leave to start - if you want one or two weeks'
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Shuter v Ford Motor Co Ltd
Father didn't get paid paternity pay, got statutory pay
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Other cards in this set

Card 2

Front

Pregnant Women's Rights

Back

- woman can refuse medical treatment - cannot be prosecuted for harming unborn child - exception: time limit on abortions, offences against the persons act

Card 3

Front

Case of Sarah Catt

Back

Preview of the front of card 3

Card 4

Front

Infant Life (Preservation) Act 1929

Back

Preview of the front of card 4

Card 5

Front

Kevin Wilson

Back

Preview of the front of card 5
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