Sa. Garcia, MATERNAL DRUG-ABUSE - LAWS AND ETHICS AS AGENTS OF JUST BALANCES AND THERAPEUTIC INTERVENTIONS, International journal of the addictions, 28(13), 1993, pp. 1311-1339
Among the many pressing legal, psychosocial, and ethical issues surrou
nding perinatal chemical dependence is one of achieving balances betwe
en far-reaching rights claimed for the unborn arid for children, and t
hose claimed by their mothers. In an attempt to achieve balances that
are just and promote positive consequences, policies and laws have evo
lved that have pitted disparate individuals and groups against each ot
her, most obviously mothers against their fetuses and children. Some s
uch policies have had negative consequences such as the further weaken
ing of already at-risk families and the erosion of doctor/patient trus
t. This article asserts that ethical concepts and legal tenets must be
combined to develop new paradigms designed to minimize conflict and t
o achieve just and therapeutic balances between the rights and needs o
f those involved.