Comprehensive Study Guide on Ethics, Law, and Bioethics

Ethical and Legal Perspectives on Abortion

The discourse surrounding abortion is characterized by various philosophical and legal arguments. There are five primary stances often cited against the practice. First, the genetic argument posits that the genetic load of the product is that of a human being from the very beginning, establishing it as a person with full rights since the fetus possesses unique DNA. Second, it is argued that the embryo is not merely an organ of the mother, but a distinct entity. Third, proponents of this view state that human life exists from the moment of conception, whereas personality is something that develops gradually over time. Fourth, statistics are often used to highlight that while some women may die from pregnancy-related illnesses or strange circumstances, fetuses involved in the procedure die 100% of the time. Finally, the argument is made that the fetus is the child of two people, and therefore the mother should not decide to abort without considering the father's opinion.

Conversely, there are five major arguments in favor of abortion rights. These emphasize that a woman is free to decide regarding the interruption of her own pregnancy and highlight the importance of female dignity in making autonomous decisions without being subject to laws created by men. Additionally, the right to preserve one's honor in the face of a society that reproves extramarital sexual conduct is cited. Medical necessity is also a core argument, asserting that a woman has the right to preserve her health in cases where medicine indicates that a potential birth would be dangerous. Lastly, it is argued that a woman has the right to abort to save her financial or economic situation.

From a legal and technical standpoint, abortion is defined as the interruption of pregnancy due to natural or provoked causes. Specific classifications include direct abortion, which occurs when means are intentionally set to achieve it, and indirect abortion, which happens as a consequence of other actions not intended to cause an abortion, such as the surgical removal of a cancerous tumor. Spontaneous abortion occurs without express intention, while provoked abortion is done with the explicit goal of ending the pregnancy. Legal abortion refers to that which is permitted by civil laws. In the specific legal framework of the state, abortion may not be punishable in certain scenarios according to the penal code, such as when the recipient dies, if death results from a cause prior to the lesion that was not influenced by it, the application of positively harmful medications, unfortunate surgical operations, or the imprudence of the patient or those assisting them.

Euthanasia and End-of-Life Healthcare Ethics

Euthanasia is defined as death without physical suffering. Its practice and the practice of assisted suicide are legally permitted in several countries, specifically Holland, Belgium, Colombia, Luxembourg, Canada, and Spain. Those in favor of euthanasia argue that an interested party has the right to die with dignity, that no one is obligated to use extraordinary means to save their life, and that euthanasia should be distinguished from suicide. Critics, however, point to the Hippocratic Oath, the principle that no one has the right over the life of another, and the concern that the practice could lead to cases of abuse, deception, or disguised murders.

Specific medical and ethical terms delineate how death is approached. Adistanasia consists of not intervening with extraordinary means to prolong a patient's life. Similarly, orthonasia, which is another term for adistanasia, involves respecting the natural moment of an individual's death. In contrast, distanasia describes the actions of a doctor or family member who seeks to prolong a patient's life at all costs, regardless of whether the patient is terminal or if the treatment has a low probability of success.

Patient care in terminal stages is divided into basic and palliative care. Basic care includes the application of oxygenation, hydration, nutrition, hygiene, and wound care as determined by health institution personnel. Palliative care is a multidisciplinary, integral, active, and total approach to caring for diseases that no longer respond to curative treatment.

Foundations of Action, Intelligence, and Moral Philosophy

Practical philosophy is built upon two core elements: human action and morality. Philosophy distinguishes between "actos del hombre" (acts of man) and "actos humanos" (human acts). "Actos del hombre" are those which an individual performs but does not own; they are not executed with consciousness or deliberate will, and therefore the individual is not held responsible. Examples include actions during infancy, sleep, insanity, or moments of extreme distraction; these acts lack moral value and are considered amoral. "Actos humanos" are those which a man dominates and controls consciously, wants deliberately, and for which he is fully responsible.

Human faculties are directed toward specific ends: the proper object of intelligence is truth, while the proper object of the will is goodness. Recta razón, or right reason, refers to human intelligence acting by itself, without deviations caused by passions or instincts. Freedom is defined as "axiological autodetermination," where a free person becomes the author of their own conduct, determining it based on values they have previously assimilated. Relatedly, the ontological or metaphysical value of human conduct refers to the real fact, existence, and objectivity of the act.

Moral frameworks vary, with some adhering to Machiavellianism, summarized by the phrase "the end justifies the means," and others to Protagoras’ view that "man is the measure of all things." Relativism is the stance that suggests values lack objectivity, leading to an absence of a universal moral criterion. In "Ethics in Situation," four conclusions are reached: it is incorrect to deny the value of moral law due to its universal nature; the final word in free decisions rests with the subject's conscience; situatinal ethics becomes an exaggeration when it formally rejects universal laws; and "epiqueeya" is the virtue through which a person interprets universal laws to apply them to concrete, specific cases.

Bioethics, Assisted Reproduction, and Biotechnology

Bioethics is the study of ethical problems arising from biological research and its applications, including genetic engineering and cloning. One such application is assisted reproduction, a set of medical techniques that favor fertilization in cases of physiological impediments in men or women. This practice is controversial; arguments against it include concerns about the fate of unused embryos and the potential decrease in adoptions. On the other hand, those in favor argue that it allows individuals who cannot naturally have children to become parents.

Biotechnology also extends to transgenics, which are living organisms modified by the addition of exogenous genes to achieve new properties. Furthermore, institutional ethics extends to the environment and animal welfare. The Secretariat of the Environment and Natural Resources (SEMARNAT) is responsible for fostering the protection, restoration, and conservation of ecosystems and natural resources. The environment itself is defined as a system of interrelated natural and artificial elements modified by human action, conditioning social life through natural and cultural values. Regarding animal welfare, crimes of mistreatment or animal cruelty are committed by those who intentionally cause the death of a domestic animal, perform mutilations, deprive them of air, light, food, water, or medical care, abandon them, or engage in acts of zoophilia.

Marriage, Divorce, and Civil Law

Marriage is a legal institution establishing a free and voluntary union between two people with equal rights and duties to create a life community based on mutual respect and aid. It can be terminated by divorce, judicially decreed nullity, the death of a spouse, or a judicially decreed presumption of death. Divorce can be administrative, requiring only an appearance before a Civil Registry official, or "incausado," where one spouse requests it without needing to provide a specific cause.

Judicial divorce requires specific legal bases to be established. These include the designation of a legal guardian for minors and the establishment of a visitation regime (convivencia) that does not interfere with the child's meals, rest, study, or health. It also requires a plan for meeting the needs of children and the spouse entitled to alimony, specifying the form, place, and date of payment, along with a guarantee of fulfillment. Furthermore, it must designate which spouse will use the matrimonial home and its furnishings, and determine the administration and eventual liquidation of the community property (sociedad conyugal) during and after the legal process.