The right to privacy is an open matter in US jurisprudence. It is also the subject of many ethical and moral considerations. This paper will highlight the moral and legal implications of this right and its implication on abortion, contraceptives, and abortion.
Although the US Constitution does not distinguish this right, federal and state statutes and common law precedents make privacy a legal right (Camp, 2013). The common law under torts established a right of unauthorized interference with physical, tangible property. Gradually, the definition of property was extended to intangible and intellectual property such as data, and privacy was redefined as the right to be left alone. Under tort, one can, therefore, sue for invasion of property. The courts first recognized this right in Griswold v Connecticut (1965), which extended the right to privacy to couples buying contraceptives. Roe v Wade (1972) extended this right to women choosing abortion, while Lawrence v Texas (2003) extended it to sexual relations (Linder, n.d.). The government also legislated statutes for the protection of privacy such as HIPAA (healthcare), Fair Credit Reporting Act (credit information), COPPA (personal information of children under 13 years), Privacy Act of 1974 (illegal disclosure by the federal government), among others.
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In Griswold established privacy as an implied right. In the majority decision, Justice Douglas stated that there are penumbras within the first, fourth, fifth, and ninth amendments that combine to create “a zone of privacy.” The first amendment guarantees freedom of speech and religion; the third amendment creates privacy of the home, the fourth amendment bars illegal searches and seizures of one’s home and possessions, the fifth amendment protects against self-incrimination. In contrast, the ninth amendment has been interpreted to recognize privacy issues in other rights provided in the Bill of Rights. Justice Harlan in Griswold established the right to privacy through the 14 th amendment, which guarantees due process and liberty for all individuals and has been the critical standpoint used to extend the right to privacy.
There is a moral obligation in respecting the privacy of others. Firstly, it is morally right to observe the law, and therefore one should respect the legal right of privacy discussed above. Next are the nature and ethical considerations of privacy. If privacy is accepted as a natural right to be left alone, then it follows that a moral obligation exists to uphold this natural right. Some theorists argue that privacy is desirable for autonomy, freedom, and human dignity (inviolate personality) (Stanford, n.d.). Privacy has been linked to moral and social personality development through intimacy and social relationships, and therefore its violation is equal to violating the integrity of an individual (Stanford). Privacy limits the access of one's data from the public and should therefore be respected.
The 14th amendment can support the right to use contraceptives and the right to abortion. Therefore, these fundamental decisions cannot be lightly interfered with and allow people to make autonomous decisions that affect their lives. These two choices pertain to the spiritual, intellect, and individual feelings, which are fundamental guarantees of the right to liberty. Using contraceptives within the confines of one's home also falls under the fourth amendment guarantee. These two rights can also be supported as a moral right since they affect the decision-making security of an individual that is the moral right of an individual to make autonomous decisions affecting their lives without judgment and control by others. However, the right to sell one's bodily organs can be challenged from both legal and moral standpoints. The establishment of the right to privacy must be balanced with government interests. States and the federal government retain the right to regulate and interfere with decisions that are against society welfare. The selling of human parts does not conform with the ethical grounds of human dignity and social responsibility, and therefore there is no moral value in respecting such a right.
References
Camp, J. C. V. (2013). Ethics: Student edition . Cengage Learning. s
Linder, D. O. (n.d.). The right of privacy: Is it protected by the Constitution? Retrieved September 17, 2020, from https://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
Stanford. (n.d.). Privacy . In Stanford encyclopedia of philosophy . Retrieved September 17, 2020, from https://plato.stanford.edu/entries/privacy/
