Is the right to abortion a "negative right" or a "positive right"?
'Where negative rights are "negative" in the sense that they claim for each individual a zone of non-interference from others, positive rights are "positive" in the sense that they claim for each individual the positive assistance of others in fulfilling basic constituents of well-being like health.'
'Negative rights are considered more essential than positive ones in protecting an individual's autonomy.'
So when one individual's positive right to do something is at odds with another's negative right to protect them from something, as much as it would be ideal for both parties to have exactly what they want without harming or inconveniencing/upsetting the other, since that's often not possible, the negative right to 'protect' an individual from something seems to trump the positive right for an individual to 'do' something in hierarchy of moral importance and most ethicists seem to agree.
For example, I think people's 'positive right' to choose animal-based product or service options when there are equally suitable plant-based options that achieve all the same purposes, isn't as important as sentient animals' negative right to not be unnecessarily exploited and killed, and to be protected from those undesirable experiences, states or conditions. Hence the position of veganism is very clear and obvious for me, and resolves an "easy" ethical issue with a clear solution (essential negative (protective) right prevails over others' ultimately unnecessary positive ("doing") right).
When it comes to abortion however, I do believe that it's a tricky situation ethically. I'm pro-choice, but I say that with difficulty, because considering both sides it's not an easy position and I see it as much more ethically complex than the issue of unnecessary animal exploitation. That's because I think you can make the argument that either forcing a person to undergo pregnancy, or terminating the life of an (admittedly unconscious, undeveloped) fetus, are in both cases breaching a sentient (or would-be sentient) individual's negative (protective) right. It would seem to be a clear ethical dilemma, where neither outcome is desirable, in almost comparably important ways. However, ultimately I had to decide that protecting a woman/person from an enforced pregnancy (and the physical and life-changing, even life destroying (or killing) effects, results and experiences that can have), a person being a fully formed, conscious and sentient individual, is more tangibly important than protecting an undeveloped, unconscious "mass of cells" from being prevented from developing into a human being.
My thoughts on the matter aside... It seems like in one way the right to abortion is a positive right by claiming assistance from others to "do" something being terminate a pregnancy, while in another way it's a negative right by "protecting" the person via preventing undesirable states and experiences that would be imposed on them by others 'interfering' and forcing them to undergo pregnancy, by denying them an abortion.
I'm honestly just wondering what kind right this would be considered. Positive right or negative right? Or both? Thanks :)
The issue when discussing abortion is that there is no generally accepted point in which a blastocyst/zygote/foetus becomes a fully-fledged, sentient being. Some argue that the point of conception instills personhood; others make arguments based upon how developed a foetus is and if it has differentiated sensory organs; some make an arbitrary distinction based on the elapsing of time; and others still agree that personhood is conveyed only once a baby is born and survives labour.
Those arguing this point have a tendency to become entrenched in their opinions, be it because of religious or cultural norms, or even just the basic human condition of stubbornness. This creates permanent rifts between people who share FAR more in common than they differ.
My personal opinion is a technocratic one - I don’t believe that this decision should be made by anyone other than relevant medical professional(s) and the pregnant person. That means that legislatively (or constitutionally), I’m advocating for no legal restrictions on abortions whatsoever and empowering health professionals to determine what is reasonable or safe.
This position is often (intentionally) misunderstood as not believing that the unborn have rights as well - they absolutely do. I’m a child protection caseworker and we regularly work with pregnant people who show signs there may be risk of harm after birth (issues like substance abuse, mental health issues, domestic violence, disability without sufficient support etc.) in order to preserve the best start to life that an unborn child can have. I just don’t accept that there are any circumstances under which the right of an unborn child trumps professional medical opinions. Doctors are best placed to determine when and if an abortion is appropriate or necessary.
Each individual maintains the right to not have an abortion forced on them, but then gains the right to engage in an abortion if it’s medically safe and sound.