Abortion linked to international trade law

Pauline J.

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Abortion linked to international trade law

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Résumé
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There are different kinds and different methods of abortion nowadays. The spontaneous abortion, caused by natural causes, the elective abortion, the therapeutic abortion, which deals with the safety of the physical or mental health of women and the induced abortion, practices deliberately for several causes. There exists a big debate around therapeutic and induced abortion in the European Union and all around the world. Every year, 46 million of abortions are performed, but of these, only 26 million occurred in places where abortion is legal. The 2 main methods are the curettage (also called suction-aspiration, 91, 3%) and the "medical" method which uses the Mifepristone molecule with the pill RU486 (5, 2%). Another method, the emergency contraception trough the use of the pill Norlevo, is also considered as an abortive method in some of the European countries but can bee considered too as a "safety belt" in some others, to be used after a non protected sexual relationship. Thought this essay, we will try to understand the links between abortion and law in the European Union regarding to international marketing law, the European Union as a business law maker, ethical issues, Trips and tort.

Sommaire

Introduction.
National law in France and Germany.
1. National French law.
2. German national legislation.
3. Criminal code.
4. 218a impunity of abortion.
European Union as a business law maker.
Ethical issues.
1. Abortion and Christian religion .
2. Bad countries.
3. Number of weeks.
4. Bribery and corruption.
5. Generic pharmaceutical products.
Role in advertising.
Trips.
1. Patent in abortion?
2. Mifepristone - Rights?
Tort.
1. Negligence.
2. Trespass to the person.
3. Vicarious in liability.
Conclusion.
Sources.

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Extraits

[...] if the women will get a damage cause of the dosage of the anaesthesia or the doctor destroy during his treatment some other organs. Vicarious in Liability Self Protection If the abortion has to be carried out also after the legal time defined in law, because of obtained the live of the mother, than we could it define as self protection more to protect the life of the mother. VIII Conclusion As we considered all this points, we tried to find out how we can link abortion with international law. [...]

[...] Norway legalized it in 2000. It is also legalized in France but still not in Portugal, Ireland and Poland. It was removed of the market in Italy after a woman bled and even if it was approved in Hungary in 2005 it's still not on the market because of protests. So, regarding to this differences, how can the European Union expect creating a common law about this pill? In this case, it isn't only about pro-life consideration; there is also a deal of women health safety, which is not on the verge to be solved. [...]

[...] Through this exhibition organized by a polish populist group, the league wanted to compare abortion to holocaust, and by the way judging every countries and people concerned. Hopefully the mentality can evolve and laws can change. In Ireland, Abortion was prohibited in any case until a minor girl killed herself after being raped and pregnant because the Irish government wouldn't allow her to abort. Her case became a court case (Attorney general v.X) and the Irish legislation changed to authorize abortion in case of danger of the women's life, regarding to the pro-life amendment amending in the Irish constitution in 1983. [...]

[...] Figures show that pregnant women have done it “illegal” in another country or by person who are most of the cases not a doctor. They bring the pregnant women in death-traps and also a lot of women, too much, die. Wouldn't it be a better choice to legalise abortion to safe the situation of the women? There is a big focal point in Africa, looking to Kenya. Women suffer sexual rape or incest and become pregnant. Most of them abort by themselves and lose the own life. Beyond they deliver the baby but repudiate it. What could be an ethical solution? [...]

[...] In fact, the last Pope thought that abortion is an inexcusable crime. Nonetheless, the Vatican policy has actually been responsible for maintaining high levels of abortion world-wide by restricting the availability of modern contraceptives, and is still responsible for endangering the lives of countless millions by spreading misinformation about the efficacy of condoms in the fight against AIDS. While prohibiting both the use of condoms and of abortion the Christian Church is contradictory. Indeed, some families or alone women can't afford the weight of a children and if they are not allowed to protect themselves, once expecting a baby, the only way for the women is an illegal abortion. [...]

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