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Original Articles

Webster and the Rights to Life

Pages 51-61 | Published online: 26 Oct 2008
 

Abstract

The Supreme Court's refusal to recognize the existence of a basic affirmative right to health care may entail that women must retain a legal right to expel legal fetuses, even if Roe v. Wade is reversed and states are permitted to give fetuses legal standing as persons. Further, recognition of a basic affirmative right to health care would not entail that a woman in obliged to carry her fetus, even if a failure to do so would result in fetus' death. Duties correlative to basic affirmative rights are distributed among the members of society, not solely vested in single individuals.

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