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Religious freedoms and medical care:...
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Prive, Alice.
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Religious freedoms and medical care: Recommendations for legislation.
紀錄類型:
書目-電子資源 : Monograph/item
正題名/作者:
Religious freedoms and medical care: Recommendations for legislation./
作者:
Prive, Alice.
面頁冊數:
343 p.
附註:
Source: Dissertation Abstracts International, Volume: 65-11, Section: A, page: 4235.
Contained By:
Dissertation Abstracts International65-11A.
標題:
Religion, General. -
電子資源:
http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3155463
ISBN:
0496162381
Religious freedoms and medical care: Recommendations for legislation.
Prive, Alice.
Religious freedoms and medical care: Recommendations for legislation.
- 343 p.
Source: Dissertation Abstracts International, Volume: 65-11, Section: A, page: 4235.
Thesis (Ph.D.)--University of Southern California, 2004.
Certain actions and decisions by a pregnant woman can affect her fetus. A woman's reasons for these decisions sometimes include her particular religious beliefs. Yet, when she refuses treatment because of her convictions, the courts, the medical establishment, and other social institutions may try to override her decision and justify coercive actions toward her by claiming protection for the fetus. Nevertheless, when the needs of the fetus trump those of the pregnant woman, it denies her, inter alia, the right to free exercise of religion granted under the First Amendment to the United States Constitution. This work contends that when the Court ordered Rebecca Corneau into custody because she refused a medical evaluation of her pregnancy, it failed to address her right to refuse medical care because of her claim to free exercise of religion.
ISBN: 0496162381Subjects--Topical Terms:
1017453
Religion, General.
Religious freedoms and medical care: Recommendations for legislation.
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Certain actions and decisions by a pregnant woman can affect her fetus. A woman's reasons for these decisions sometimes include her particular religious beliefs. Yet, when she refuses treatment because of her convictions, the courts, the medical establishment, and other social institutions may try to override her decision and justify coercive actions toward her by claiming protection for the fetus. Nevertheless, when the needs of the fetus trump those of the pregnant woman, it denies her, inter alia, the right to free exercise of religion granted under the First Amendment to the United States Constitution. This work contends that when the Court ordered Rebecca Corneau into custody because she refused a medical evaluation of her pregnancy, it failed to address her right to refuse medical care because of her claim to free exercise of religion.
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Chapter 1 introduces the work and includes a summary of the following chapters. Chapter 2 presents the story of Rebecca Corneau. A presentation of the broader context surrounding the Corneau case follows in the third chapter by developing the notion of maternal, fetal and third party conflicts. Chapters 4 and 5 present the two primary positions related to medical-legal conflicts, with sample Court decisions to illustrate these positions. In chapter 6, there is a discussion of various elements pertaining to free exercise of religion in the United States. The seventh chapter analyzes the complicated variables in the Corneau case in light of the information offered previously in this work. Finally, in the last chapter, conclusions illuminate how the courts and the legislature do not always sufficiently address issues related to freedom of action by a pregnant woman. Included here are guidelines for free religious exercise when writing the laws that have an impact on a pregnant woman's decisions.
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This work is an ethical analysis of the decision in the Corneau case. It is designed to demonstrate: (a) the complexities that develop when claims to autonomy and free exercise of religion are challenged because of concerns for fetal well being; (b) the difficulties the courts foresee in balancing the rights of the pregnant woman and her unborn fetus; and (c) the necessity of the Congress to consider First Amendment rights along with other protections for citizens who are pregnant.
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