The Case for Repealing Criminal Laws Against Abortion: Lessons from Canada

The decision whether or not to terminate a pregnancy is essentially a moral decision, and in a free and democratic society, the conscience of the individual must be paramount to that of the state." Wilson also said: “Liberty in a free and democratic society does not require the state to approve the personal decisions made by its citizens; it does, however, require the state to respect them. [...] The majority of the Supreme Court held that the Criminal Code provision violated s.7 of the Charter which promises life, liberty, and security of the person except in accordance with the fundamental principles of justice. [...] Alberta.25 Firstly, he stated that the Charter was democratically adopted by the people of Canada.26 The Canadian people The Case for Repealing Anti-Abortion Laws Joyce Arthur & Sarah Geleski chose the superiority of these fundamental rights and the remedial role of the court. [...] O’Connor, the Supreme Court referred to Article 17 of the International Covenant on Civil and Political Rights,42 Article 12 of the Universal Declaration of Human Rights,43 and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.44 Restricting the conduct of pregnant women was rejected by the Supreme Court as an unacceptable intrusion into the privacy r. [...] Protecting the Right to Life, Liberty, and Security of the Person The Charter protects the right to life, liberty, and security of the person under s.7, which are distinct interests that must be given meaning individually.47 The right to liberty includes an individual’s autonomy and right to make fundamental life choices without interference from the state.