Abortion linked to international trade law

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Abortion linked to international trade law

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Abstract

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.

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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Extract

[...] Most of the western countries start to practice illegal abortion in the 19th century. But nowadays, many illegal abortions are still undertaken in clandestine clinics without the required hygienic and safety requirements or by the so- called ¨shopping trips¨ to the countries where abortion is legal. Regarding to this we can also wonder about the freedom of movement. Free movement of person: is it allowed to go abroad to abort? Clearly it's not; if the government forbids abortion it is not to convince people to travel to do it. [...]

[...] The Role of information, to give enough details and counsellor who takes responsible for the patient, has to invest a lot of efforts that the women will become really sure that she wants the abortion with the awareness that she will feel bad after. It would be negligence if the helpline doesn't really take care of that what they are talking. E.G. in Germany, there are often only three days between counselling interview and the intervention. In our point of view, it is negligence, because is the women really able to fell a right decision which won't effect her whole future live. [...]

[...] Nonetheless, there is an intrinsic difficulty in the enforcement of international law about abortion due to the issue that state sovereignty poses. As such, the efficiency of still compulsory multi-national efforts to legislate the rights to life, of liberty in general or abortion in specific is difficult to measure. Nowadays, Malta and Vatican City are the latest European states where abortion to protect women's life is not allowed and Luxembourg has legalized it but it is still subject to significant restrictions. [...]

[...] Is abortion in the twelve week also to late? Are we talking in these periods also about a human life that has the right of living? In the twelve week all organs are developed, the embryo can breathe and urinate. But is it ethical correct to abort because the brain of the embryo is not developed. Where is the boarder to decide what is ethical correct or not. Nonetheless we should know that 31st day the embryo develops nerve cells and the brain starts to develop. [...]

[...] 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. [...]

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