Browsing by Author "Gardner, Jillian"
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- ItemMoral responsibility for prenatal harm to children : the case of fetal alcohol syndrome(Stellenbosch : Stellenbosch University, 2016-03) Gardner, Jillian; Van Niekerk, Anton A.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Philosophy.ENGLISH ABSTRACT: This dissertation deals with the problem of Fetal Alcohol Syndrome (FAS) and the moral responsibility of pregnant women who carry fetuses to term, as well as the rest of society, to try and prevent children from suffering from this condition. From the perspective of behaviour, most pregnant women who plan to carry a fetus to term, act in ways that are conducive to the normal development and welfare of their future children. With the intent to deliver a normal, healthy birth baby, a pregnant woman will alter her lifestyle accordingly. On the other hand, some pregnant women behave in ways that are not conducive to the birth of normal healthy children. Drinking during pregnancy is associated with a range of negative pregnancy outcomes including spontaneous abortion, breech presentations, fetal growth retardation and premature delivery. A range of disorders and disabilities can occur in varying degrees in the child exposed to alcohol prenatally. Fetal alcohol syndrome (FAS) is the most severe diagnosable condition, along a spectrum of disorders, collectively termed fetal alcohol spectrum disorders (FASD) that can occur in children who were exposed to alcohol prenatally. In the Western world, FAS is a leading preventable cause of mental retardation (Hackler 2011). It is a major public health issue in countries where alcohol is widely used. There is no cure for FAS. Affected individuals suffer a range of permanent primary and secondary disabilities. Surgery can repair some of the physical problems and services can be made available to improve mental and physical development so that children may lead relatively normal lives, but they remain below average in physical and mental development throughout their lives. FAS and its associated social and economic costs can be avoided if a woman abstains from alcohol for the duration of her pregnancy. This dissertation firstly sets out to establish whether and what moral obligations pregnant women who choose to continue their pregnancies (i.e. prospective mothers) may have towards their future children. I argue that women choose to continue a pregnancy when they have the option of terminating their pregnancies and that they are prospective mothers when they do so, to distinguish them from pregnant women who choose to terminate their pregnancies. I argue that prospective mothers, even those who are alcoholics, have prima facie moral obligations to benefit and not to harm their future children and, can be held morally responsible for their actions. Having considered a prospective mother’s moral responsibility for drinking during pregnancy, I then investigate society’s interest in these issues. I argue that even though women have primary responsibility for FAS prevention, that they are not solely responsible for it. I offer reasons why punitive approaches are undesirable, and propose what I consider to constitute an ethically appropriate social response to prevent FAS. Finally, I consider whether children with FAS can and should be allowed to sue their mothers for damages under South African law. I argue that even though children can theoretically sue their mothers for damages that this too may be ineffective at preventing FAS.