Minors’ Rights and the Issue of Teen Abortion without Parental/Guardian
Notification and Consent
Critical Thinking: PYSU 201
Steven Rich, M.A., M.A.
December 6, 2008
Minors’ Rights and the Issue of Teen Abortion Without Parental/Guardian Notification and Consent
With the recent Proposition which intended to implement a parental notification requirement, the issue of the rights of minors has come into question. Minors do not have the ability to reason and make a thorough risk assessment and therefore should not have the full constitutional rights that are given to adults. With this being said, minors should not be allowed to obtain abortions without the consent of a parent or guardian.
There seems to be an inconsistency in determining just how much rights minors should have and the determination of when a particular law infringes either on the parent’s rights or the minor’s rights. According to Oberman (1996), she attempts to explain the inconsistencies by stating, “The laws devised to govern teenagers are layered, reflecting society’s alternating perceptions of teenagers as adult-like and child-like, and our accompanying impulses to respect as well as to protect this population”. I am not convinced that all laws surrounding an age restriction is driven by a concern to protect but we do have these laws in place and in each instance we have to wonder if they are actually effective. For example, the age at which a minor can join the military is eighteen, but the same eighteen year old who may possess the cognitive skills to determine whether he/she would like risk his/her life by joining the military cannot pull the handle of a slot machine until twenty-one as we all know risking your finances is a far greater risk thank losing your life. The same eighteen year old can vote for our future leaders but cannot rent a car or register to sail on a cruise ship until twenty-five. The latter by the way is not actually a law but a common...
References: Oberman, M. (1996, Summer96). Minor rights and wrongs. Journal of Law, Medicine & Ethics, 24(2), 127. Retrieved December 6, 2008, from Academic Search Premier database.
Stuart-Smith, S. (1996, September). Adolescent sexuality and public policy: The role of cognitive immaturity. Politics & the Life Sciences, 15(2), 317. Retrieved December 7, 2008, from Academic Search Premier database.
JUVENILE CURFEWS AND THE MAJOR CONFUSION OVER MINOR RIGHTS. (2005, May). Harvard Law Review, Retrieved December 6, 2008, from Academic Search Premier database
Griswold, D., & Griswold, D. (2000, August). Minors ' Rights to Refuse Medical Treatment Requested by Their Parents: Remaining Issues. Journal of the American Academy of Nurse Practitioners, 12(8), 325. Retrieved December 6, 2008, from Academic Search Premier database.
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