The Murder of My Unborn Siblings: A Breach of the Constitutional Right to Life of the Unborn.

Abstract

This article discusses the challenges in defining the word ‘person’ and determining when life begins. The writer posits that the meaning of the word ‘person’ as used under article 13 of the 1992 Constitution of Ghana, should be all-embracing to include both born and unborn. The writer claims that to the extent that there is no consensus on the meaning of the word ‘person’, the termination of any life pre or post birth is murder and it is therefore needless for the law to provide a lesser punishment for the act of abortion. It is further argued that if there is a consensus all that there is life in the foetus at a point in the gestation period or at conception, then the termination of such a life be it by expulsion or destruction is murder in simple sense. The sanctity of life principle and the principle of self-preservation all point to the protection of life, be it born or unborn. The writer is of the conviction that, the current law on abortion criminalizing abortion is proper but in order to give true meaning to the right to life as provided in the 1992 Constitution, the punishment for abortion and murder should be the same. The writer submits that the exceptions to the right to life under the constitution is wide enough to cover instances where abortion is a necessity.

Keywords: abortion, murder, right to life, pro-life, pro-choice, sanctity of life, self-preservation, foetus, unborn, person

JEL Classification: K10