Comment on Is the right to abortion a "negative right" or a "positive right"?
catreadingabook@kbin.social 1 year ago
In the academic sense of the term, negative rights include the right to not have things done to you (e.g., to not be deprived of life, liberty, or property without due process of law).
Positive rights include the right for you to do something, generally as against others (e.g., the right to have food, healthcare, or education be provided to you by other people).
I'm not sure it is useful to try to categorize abortion rights, for similar reasons why it would be difficult to categorize the right to try and grab the only parachute on a crashing plane. Even if it causes injury or death to others, our general tendency is to treat positive acts of genuine self-preservation as a negative right, if only in the sense that we would never enforce a rule that prohibits the person from trying.
A funky brain teaser on the topic might be whose right of life prevails when a perfectly healthy person turns out to be the only match for 5 patients with failing organs, one needing a new heart, another needing a new intact liver, etc., who are each about to die if we don't kill the healthy person and harvest their organs for transplant. And would the answer change if this wouldn't kill the healthy person, but severely decrease their quality of life - such as involuntarily taking one of their lungs and one of their kidneys?