Amandau2013WCA4.docx - Ho 1 Amanda Ho Instructor Plowdrey...

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Ho 1 Amanda Ho Instructor Plowdrey Thinking and Doing Ethics PHI-210RS-OL01 July 27, 2020 Written Case Analysis 4 - Case 4: p. 172 A California Superior Court judge ordered a Sacramento woman to stop smoking around her 5-year-old son. The decision came during a custody dispute. The boy’s father claimed that breathing secondhand smoke could harm the boy’s health. Do moral considerations support the judge’s ruling? “A right confers upon its holder a kind of privilege to protect, utilize, or exercise control over something” (Burnor et al. 200). The parties involved in this case are the mother, the child, the father, and the judge. A right at stake for the child is the human right to life and health, this entitles the child the right to be free from actions of others that may affect his life negatively and the state has a responsibility as well as his father to protect him in this manner. On the mother’s part her right to liberty would come into play because she has the right to freely pursue social or cultural development and if that means her choice to smoke that means her liberty right.

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