Abortion and the Charter of Rights and Freedoms

Abstract

Abortion may or may not be a murder, but the debate on such topics brings deadlocks more than the solutions to reduce the impact of the real issue in Canada. The charter of right and freedom condemns every action that is anti social including abortion. Much debate has been undertaken on this charter with respect to women's right and freedom and it is found that the supporters of women right are demanding the laws that will allow abortion keeping in view the charter of right and freedom.

Abortion and the Charter of Rights and Freedoms

Introduction

Charter of Fundamental Rights and Freedom, which is the first part of the Constitution, 1982. Its purpose is to protect the rights of Canadian citizens' anti-social behavior, politics and the laws of the federal and state governments and the Association of Canadians about the values ??that embody those rights. Charter was preceded by a Bill of Rights, introduced the Board of Directors John Diefenbaker in 1960, meantime, the Bill of Rights was a federal law, not the document, and therefore have had limited impact, and easy to fix. In addition, since federal law, it is possible to use large and the member of the province of the laws. These gaps lead some members of the government to improve protection of human rights as an international movement to defend human rights and freedoms, while the Second World War, introduced the Universal Declaration of Human Rights. The Charter entered into force in 1982 on the law of Canada approved by the British Parliament during the reign of Prime Minister Pierre Elliott Trudeau in 1982 (Rachel, 1999).

The main implications of the Charter were a significant increase in the importance of judicial review, because it is clearly expressed in the protection of the rights and role of judges in their application, which was not a Bill of Rights. The courts, in front of violation of the Charter rights, are held invalid, certain federal and state laws or parts of certain laws. This charter gave them new powers to set up self-protection and even the exclusion of evidence at trial (Rachel, 1999). These powers are more extensive than previously experienced in the common law and the management system, which was built under the influence of the British Parliament, the principle of self-determination. That is why the Charter supported by a majority of Canadians criticized those who oppose the expansion of the judiciary. The Charter applies only to the functioning mechanism of the state (federal, provincial and municipal governments and parliaments as well as public school boards), and the private relations of citizens to each other.

Abortion according to the charter of rights and Freedom

We first find the section 7 rights to life, which is very generally the right to be alive. The legal impact of this provision was minimal (arguments that the fetus has the right to life, which would ban the abortion, were rejected in Borowski v.Canada (Attorney General) (1989) to because of their ...