Uludağ Üniversitesi Fen-Edebiyat Fakültesi Sosyal Bilimler Dergisi

Öz

This article reviews ethical debates in the U.S.
concerning the right to life of newborns with disabilities and the appertaining
legal debates. While medical treatments for newborns and newborns with
disabilities were considered to be part of the private field and handed over to
the initiative of the family and physicians prior to the 1970s; from this date
on, with the change of the political environment, the enrichment of the debate
on the rights of individuals, and the development of health technology, professionals
of the domain of neonatology as well as legislators have begun to think about
what they should do, as well as what they can do. With the 1980s, the ideas
rose about the right to life of two babies, known as Baby Doe and Baby Jane
Doe, born with severe disabilities, brought with it the law on the prevention
of child abuse, called CAPTA. With this law, the right to life of the newborn
has been defended and exceptions have been determined. Thus, the concept of
"futile treatment" has become an important part of medical law and
ethics, and has become a decisive factor in medical decision-making.