Wikipedia:Arbitration/Requests/Case/Abortion/Workshop

This is an old revision of this page, as edited by 71.3.234.41 (talk) at 19:55, 12 August 2011 (Editing principles and sources). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Main case page (Talk) — Evidence (Talk) — Workshop (Talk) — Proposed decision (Talk)

Case clerk: TBD Drafting arbitrator: TBD

This is a page for working on Arbitration decisions. The Arbitrators, parties to the case, and other editors may draft proposals and post them to this page for review and comments. Proposals may include proposed general principles, findings of fact, remedies, and enforcement provisions—the same format as is used in Arbitration Committee decisions. The bottom of the page may be used for overall analysis of the /Evidence and for general discussion of the case.

Any user may edit this workshop page. Please sign all suggestions and comments. Arbitrators will place proposed items they believe should be part of the final decision on the /Proposed decision page, which only Arbitrators and clerks may edit, for voting, clarification as well as implementation purposes.

Motions and requests by the parties

Motion/Proposal: Restore long-standing consensus lead and then try to work collaboratively to form a new consensus

1) Preamble to my motion/proposal: I have been involved in the editing of the Abortion article and the current contretemps. The definition in the lead paragraph of the Abortion article was stable and in compliance with all wikipedia policies for 5 years until recently. The current situation of edit warring and article locking ensued when several editors decided to change that formerly stable lead without consensus, and they changed it to a version that violates several wikipedia policies. These policy violations have been explained in detail and ignored. The former stable version was reached after editors of all opinions and backgrounds collaborated months to reach a fair and accurate lead that complied with all wikipedia policies. All rationales, facts and arguments that are being currently proffered to support the current non-consensus version have been seriously considered and rejected consistently by the consensus of editors during the prior 5 years. The new version does not enjoy consensus and is only in place due to persistent incivility in editing and gamesmanship. The article is about a broad topic that encompasses far more than medicine; abortion is a subject of biology, sociology, veterinary medicine, law, politics, philsophy, religion and also medicine. Right now the article begins with a medical definition (that is not even accurate when applied to the actual practice of medicine), and then the more common definition of the word is tacked on as if it were a secondary meaning. Of no small importance is that most widely used dictionary in both the US (Merriam-Webster: abortion is "the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus") and the UK (Oxford: abortion is "the deliberate termination of a human pregnancy, most often performed during the first 28 weeks") do not limit abortion as only invovling a non-viable fetus. In fact, the Oxford dictionary covers viability in reference to spontaeous abortion ("the expulsion of a fetus from the womb by natural causes before it is able to survive independently") and does not mention viability regarding induced abortion. What is more, Oxford mentions 28 weeks as a typical maximum gestational age (for induced or spontaneous abortion), which is 4 weeks after the medical profession's most widely accepted default viability marker of 24 weeks (that is to say, the Oxford definition includes induced abortion of a 24-28 week viable fetus). NB: 90 percent born at 26 to 27 weeks survive. It is difficult to see how readers are served by the current edit-warred version of the lead, which is so flawed and is not the result of deliberative collaboration to create the best lead. The current lead was an attempt to impose a narrow and flawed specialty definition onto a very broad subject. Motion/proposal: It seems that the last consensus version (which stood for 5 years despite many suggestions that were considered and rejected by consensus) should be left in place while editors consider if a new lead should be created; if a new lead gains consensus on the talk pages, then it should be placed into the article. 71.3.234.41 (talk) 16:34, 12 August 2011 (UTC) [reply]

Comment by Arbitrators:
In general ArbCom deals with conduct issues, and doesn't make content decisions. In this context, ArbCom isn't going to rule on the appropriate title for an article. PhilKnight (talk) 18:13, 12 August 2011 (UTC)[reply]
Comment by parties:
The conduct that I have discussed and proposed is that the most recent consensus lead be re-instated and locked until a new consensus lead has been reached. The conduct of editors has been to disrupt a consensus lead that many editors invested a great deal of time and effort to create. There was no attempt to achieve consensus. The new current version does not enjoy wide support. The one that withstood (by consensus) all challenges for 5 years should be reinstated as the editors who changed it have caused an edit war and severe disruption to the article. I am not interested in the title and have made no suggestion immediately above about a title. Your comment seems to be in the wrong section.71.3.234.41 (talk) 19:33, 12 August 2011 (UTC)[reply]
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Motion: Ignore Propaganda and simply be accurately descriptive

2) It is widely recognized that both of the very-commonly-used-and-referenced titles, "pro-choice" and pro-life", were created as propaganda tools. That way opponents of "pro-choice" could be equated with slavers, and opponents of "pro-life" could be equated with murderers. It is to be expected, because of natural human laziness, that those titles will remain in common use simply because they are very short. Nevertheless, if Wikipedia is not a battleground, then it is essential to reject both propagandistic titles. It is also a fact that deliberate abortions occur whether they are legal or not. Therefore even the current titles, which mention "legalized abortion", are not as accurate as they should be. I therefore propose that the titles should be something like "Abortion: Proponent Views" and "Abortion: Opponent Views" --even these are not as accurate as they should be, because the definition of abortion sometimes includes spontaneous miscarriages, which can happen totally independently of anyone's viewpoint on the subject. However, these titles have the advantage of being reasonably brief and quite accurate, and, if each title was accompanied by an explanatory sentenced or subtitle (very common in Wikipedia), it could be indicated that the page so titled is relevant to deliberate abortions only. V (talk) 17:42, 12 August 2011 (UTC)[reply]

Comment by Arbitrators:
Again, in general ArbCom deals with conduct issues, and doesn't make decisions about content. In this context, it's unlikely that ArbCom is going to rule on the appropriateness of these terms. PhilKnight (talk) 18:15, 12 August 2011 (UTC)[reply]
Comment by parties:
The following would be aacurate: "Legalized Induced Abortion: Proponent Views" and "Legalized Induced Abortion: Opponent Views". This covers those who are "pro-choice" but who would never choose abortion for themselves or their own family and friends. We must keep in mind that abortion remains illegal (or largely illegal) in many nations and was illegal in the West until very recent history. Those who are "pro-choice" advocate that abortion remain lawful where it is lawful, and that it become lawful where it is now unlawful. Those who are "pro-life" advocate that abortion remain unlawful where it is unlawful and that it be made unlawful where it is now lawful. Of course, both sides have proponents who would favor exceptions to lawfulness or unlawfulness on the margins. 71.3.234.41 (talk) 18:01, 12 August 2011 (UTC)[reply]
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Questions to the parties

Proposed final decision

Proposals by Steven Zhang

Proposed principles

Purpose of Wikipedia

1) The purpose of Wikipedia is to create a high-quality, free-content online encyclopaedia, and this effort is best achieved with an atmosphere of collaboration, camaraderie and mutual respect among contributors. The use of Wikipedia for other purposes, such as advocacy or propaganda, the furtherance of outside conflicts, and political or ideological struggle, is prohibited.

Comment by Arbitrators:
Worth including. PhilKnight (talk) 18:16, 12 August 2011 (UTC)[reply]
Comment by parties:
Reasonably standard. While normally a stock standard principle is used, I felt it necessary to emphasise the need for collaboration, which at times is severely lacking on Wikipedia, especially at disputes which end up at Arbitration. Steven Zhang The clock is ticking.... 10:31, 12 August 2011 (UTC)[reply]
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Purpose and role of the Arbitration Committee

2) The occurrence of protracted, apparently insoluble disputes—whether they involve conduct, content, or policy—is contrary to the purposes of the project and damaging to its health. The chief purpose of the Arbitration Committee is to protect the project from the disruption caused by such disputes, and it has the authority to issue binding resolutions in keeping with that purpose.

The Committee has traditionally concentrated its attention on conduct disputes, and has avoided issuing binding rulings that would directly resolve matters of content or policy, leaving those questions to the community at large. However, in cases where the community has proven unable to resolve those questions using the methods normally available to it, and where the lack of resolution results in unacceptable disruption to the project, the Committee may impose an exceptional method for reaching a decision.

Comment by Arbitrators:
Yes. This doesn't imply that ArbCom is actually going to directly rule on conduct, but instead set up a process that will eventually establish a Request for Comment or a poll or something similar which results in a content decision. PhilKnight (talk) 18:19, 12 August 2011 (UTC)[reply]
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Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Discretionary sanctions

1) Articles relating to the area of abortion are placed under discretionary sanctions. At the discretion of any uninvolved administrator, they may impose sanctions on any editor working in the area of conflict if that editor fails to adhere to the purpose of Wikipedia, the expected standards of behavior, or the normal editorial process. The sanctions imposed may include blocks of up to one year in length; bans from editing any page or set of pages within the area of conflict; restrictions on reverts up to and including 0RR; or any other measures which the imposing administrator believes are reasonably necessary to ensure the smooth functioning of the project, including page protection. Prior to any sanctions being imposed, the editor in question shall be given a warning with a link to this decision.

Comment by Arbitrators:
If ArbCom sets up a process to make a content decision, then at least for the duration of that process, it would probably make sense to either have discretionary sanctions or article probation in place. That said, I wouldn't explicitly mention 0RR, which usually isn't a good idea. PhilKnight (talk) 18:43, 12 August 2011 (UTC)[reply]
Comment by parties:
Taken partly from Macedonia. I have modified it a bit to add the element of protection as a possible way to resolve an issue, edit warring is a no-no and it needs to be clear that disruptive behaviour on these articles will not be tolerated. Additionally, I think discretionary sanctions would assist in providing long term stability to the articles. Steven Zhang The clock is ticking.... 10:31, 12 August 2011 (UTC)[reply]
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Article probation

2) Abortion and related articles, including their talk pages, are subject to article probation. Any editor may be banned from any or all of the articles, or other reasonably related pages, by an uninvolved administrator for disruptive edits, including, but not limited to, edit warring, personal attacks and incivility.

This remedy supersedes the existing general sanctions put in place by the community.

Comment by Arbitrators:
I think either discretionary sanctions or article probation is needed, not both. PhilKnight (talk) 18:24, 12 August 2011 (UTC)[reply]
Comment by parties:
Taken from Prem Rawat. Might be redundant to discretionary sanctions, but I thought I would add it anyways. Steven Zhang The clock is ticking.... 10:31, 12 August 2011 (UTC)[reply]
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Proposals by User:71.3.234.41

Proposed principles

Editing principles and sources

1) The main Abortion article is a general topic article and NOT a medical article. Such articles should provide general purpose information about the topic and medical information should be provided in a separate article. Any definition that is given in the lead must follow the rules for definitions, among which is the principle that a definition must not be too wide or too narrow, and it must be applicable to everything to which the defined term applies and to nothing else. Bountiful reliable mainstream and medical sources support the 2006-2011 consensus lead. Editors must not edit the article as if it were a medical article. 71.3.234.41 (talk) 19:26, 12 August 2011 (UTC)[reply]

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Proposed findings of fact

1) Proposed finding of fact: The following widely cited and relied-upon English-language general purpose dictionaries are reliable sources that verify the use of references to abortion as the death or destruction of the fetus and references to a developing fetus as a baby or a fetus that is alive or living [note: they are posted here because those who advocate the edit-war non-consensus version of the lead seem to ignore them and it is important to have the verification of the contents in the 5-year consensus version on the record]:

  • A. Merriam-Webster's Collegiate Dictionary, (USA's most relied-upon dictionary) abortion: the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus
  • B. MacMillan Dictionary, abortion: a medical operation in which a developing baby is removed from a woman’s body so that it is not born alive.
  • C. Collins English learner’s dictionary, abortion: a medical operation in which a pregnancy is deliberately ended and the baby is not born alive.
  • D. Cambridge University Dictionary of American English, abort: to end a pregnancy esp. by an operation before the baby is ready to be born.
  • E. Webster's New World Collegiate Dictionary, abortion: any deliberate procedure that removes, or induces the expulsion of, a living or dead embryo or fetus
  • F. Oxford World Dictionary, abortion: the deliberate termination of a human pregnancy, most often performed during the first 28 weeks
  • G. American Heritage Dictionary, abortion: Induced termination of a pregnancy with destruction of the embryo or fetus.

71.3.234.41 (talk) 19:23, 12 August 2011 (UTC)[reply]

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2) Proposed finding of fact: The following popular specialty dictionaries are reliable sources that verify the use of references to abortion as the death or destruction of the fetus and references to a developing fetus as a baby or a fetus that is alive or living [note: they are posted here because those who advocate the edit-war non-consensus version of the lead seem to ignore them and it is important to have the verification of the contents in the 5-year consensus version on the record]:

  • H. Merriam-Webster's Legal Dictionary, (online dictionary for "FindLaw For Legal Professionals"). abortion: the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus
  • I. Webster's New World Law Dictionary, abortion: The intentional and artificial termination of a pregnancy that destroys an embryo or fetus.
  • J. Oxford Dictionary of Philosophy, Abortion: Termination of the life of a foetus, after conception but before birth.
  • K. American Heritage Science Dictionary, abortion: Induced termination of pregnancy, involving destruction of the embryo or fetus.

71.3.234.41 (talk) 19:23, 12 August 2011 (UTC)[reply]

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3) Proposed finding of fact: The following secondary legal text is a reliable source that verifies the use of references to abortion as the death or destruction of the fetus [note: it is posted here because those who advocate the edit-war non-consensus version of the lead seem to ignore them and it is important to have the verification of the contents in the 5-year consensus version on the record]:

  • L. 'Gynaecology For Lawyers’ (Dutt T, Matthews MP ,1998, Routledge-Cavendish, 1st Edition), ', abortion is the termination of a pregnancy by the removal or expulsion of a fetus or embryo from the uterus, resulting in or caused by its death.

71.3.234.41 (talk) 19:23, 12 August 2011 (UTC)[reply]

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4) Proposed finding of fact: The following popular medical dictionaries/encyclopedias are reliable sources that verify the use of references to abortion as the death or destruction of the fetus and references to a developing fetus as alive or living [note: they are posted here because those who advocate the edit-war non-consensus version of the lead seem to ignore them and it is important to have the verification of the contents in the 5-year consensus version on the record]:

  • M. Merriam-Webster's Medical Dictionary, (online dictionary for NIH's National Library of Medicine). abortion: the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus
  • N. American Heritage Medical Dictionary, abortion: Induced termination of a pregnancy with destruction of the fetus or embryo.
  • O. Gale Encyclopedia of Public Health, Abortion is a generic term for pregnancies that do not end in a livebirth or a stillbirth.
  • P. WebMD/MedicineNet, Abortion: In medicine, an abortion is the premature exit of the products of conception (the fetus, fetal membranes, and placenta) from the uterus. It is the loss of a pregnancy and does not refer to why that pregnancy was lost.

71.3.234.41 (talk) 19:23, 12 August 2011 (UTC)[reply]

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5) Proposed finding of fact: The following secondary medical texts are reliable sources that verify references to induced abortion of viable fetuses (at 24 weeks or anytime in the third-trimester), references to abortion as the death or destruction of the fetus, references to a developing fetus as alive or living, and references to a fetus being killed in utero [note: they are posted here because those who advocate the edit-war non-consensus version of the lead seem to ignore them and it is important to have the verification of the contents in the 5-year consensus version on the record]:

  • Q. 'Williams Obstetrics
    • [Abortion] means induced pregnancy termination to destroy the fetus.
    • "Induced termination of pregnancy. The purposeful interruption of an intrauterine pregnancy with the intention other than to produce a liveborn neonate, and which does not result in a live birth. This definition excludes retention of products of conception following fetal death."
    • "The word abortion derives from the Latin aboriri—to miscarry. According to the New Shorter Oxford Dictionary (2002), abortion is premature birth before a live birth is possible, and in this sense it is synonymous with miscarriage. It also means an induced pregnancy termination to destroy the fetus. Although both terms are used interchangeably in a medical context, popular use of the word abortion by laypersons implies a deliberate pregnancy termination. Thus, many prefer miscarriage to refer to spontaneous fetal loss before viability."
    • "The exact mechanisms responsible for abortion are not always apparent, but in the first 3 months of pregnancy, death of the embryo or fetus nearly always precedes spontaneous expulsion of the ovum. For this reason, finding the cause of early abortion involves ascertaining the cause of fetal death. In subsequent months, the fetus frequently does not die before expulsion; therefore, other explanations for its expulsion should be sought."
    • "Until the United States Supreme Court decision of 1973, only therapeutic abortions could be performed legally in most states. The most common legal definition of therapeutic abortion until then was termination of pregnancy before the period of fetal viability for the purpose of saving the life of the mother."
    • "In their review, McIntosh and colleagues (1995) confirmed that one third of Down syndrome fetuses in women aged 35 years and older are lost in the interval between chorionic villus sampling at 10 weeks and amniocentesis at 16 weeks, and half die before term."
    • "The most likely explanation is that monosomy is almost universally incompatible with life, and monosomic conceptuses die prior to implantation"
    • "The incidence is much higher in the first trimester, but 85 percent of fetuses with this syndrome die between 10 weeks and term."
    • "The midtrimester incidence is greater than that at term because a large proportion of aneuploid fetuses die spontaneously before reaching term."
    • "Some fetuses affected by parvovirus B19 infection, especially those infected before 20 weeks, develop severe transient aplastic anemia with heart failure and hydrops (see Chap. 58, p. 1279). Although an unknown number spontaneously recover, others are severely compromised and die."
    • "Freeman and co-authors (2003) emphasize rightfully that the fetus may die during prolonged decelerations."
    • "In this case, the uterus retains dead products of conception behind a closed cervical os for days or even weeks."
    • "On occasion, one fetus dies remote from term, but the pregnancy continues with one living fetus."
    • "With an inappropriate dose of oxytocin, the pregnant uterus may contract so violently as to kill the fetus, rupture itself, or both (see Chap. 22, p. 541)."
    • "The placenta may further separate at any instant and seriously compromise or kill the fetus unless delivery is performed immediately."
    • "For the stage subsequent to viability, the State, in promoting its interest in the potential of human life, may, if it chooses, regulate, and even proscribe, abortion, except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother."
  • R. Laminaria, induced fetal demise and misoprostol in late abortion, Hern, International Journal of Gynecology & Obstetrics,Volume 75, Issue 3, December 2001, During a 9-year period, 1677 abortions were performed for patients whose pregnancies ranged from 18 through 34 menstrual weeks in an outpatient facility. Of these, 832 were performed by one physician. Techniques for performing all the abortions included induction of fetal demise by intrauterine fetal injection of digoxin and/or hyperosmolar urea, serial multiple laminaria treatment of the cervix, amniotomy, oxytocin induction of labor, and assisted delivery or surgical evacuation of the fetus and placenta. In the last 411 of the 832 patients whose abortions were performed by one physician, misoprostol was placed in the lower uterine segment following amniotomy in order to enhance labor induction, cervical ripening, and fetal expulsion. Results: Of the entire group of 1677 cases, the median gestational age was 22 menstrual weeks.
  • S. Misoprostol for intrauterine fetal death, R. Gómez Ponce de León, International Journal of Gynecology & Obstetrics,Volume 99, Issue 2, December 2007, The frequency of intrauterine fetal death (IUFD) with retained fetus varies, but is estimated to occur in 1% of all pregnancies. The vast majority of women will spontaneously labor and deliver within three weeks of the intrauterine death.
  • T. Digoxin to Facilitate Late Second-Trimester Abortion: A Randomized, Masked, Placebo-Controlled Trial, Jckson, Rebecca A. MD, Obstetrics & Gynecology, March 2001, Digoxin has been used to facilitate late second-trimester D&Es with the intent of decreasing procedure risks... Another advantage is that patients, clinicians, and staff might prefer to abort a dead fetus.
  • U. When Is Termination of Pregnancy during the Third Trimester Morally Justifiable?, Frank A. Chervenak, M.D., N Engl J Med 1984, We studied 10 cases involving fetuses with sonographically diagnosed anencephaly that were aborted during the third trimester.
  • V. Feticide during second- and third-trimester termination of pregnancy: opinions of health care professionals., Dommergues M., Fetal Diagn Ther. 2003 Mar-Apr, To study the opinions of professionals on feticide being performed as the first step of late termination of pregnancy.
  • W. Human reproductive biology, 3rd. Ed., Richard Evan Jones, Elsvier Inc., Table of Contents... Chapter 15 Induced Abortion. Third Trimester Abortion.'

71.3.234.41 (talk) 19:23, 12 August 2011 (UTC)[reply]

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6) Proposed finding of fact: The following secondary philosophy text is a reliable source that verifies references to induced abortion of viable fetuses (at 24 weeks or anytime in the third-trimester), references to abortion as the death of the fetus and references to a developing fetus as alive or living [note: it is posted here because those who advocate the edit-war non-consensus version of the lead seem to ignore them and it is important to have the verification of the contents in the 5-year consensus version on the record]:

  • X. Abortion and the Death of the Fetus, Steven L. Ross, Philosophy & Public Affairs, Vol. 11, No. 3, Summer, 1982 (cited 19 times by other authors) An abortion (i) terminates a pregnancy, ending the physical dependency relationship the fetus has to the mother, and (ii) terminates the life of the fetus, ending both its present functions as an organism and its ongoing development into a more complex one.

71.3.234.41 (talk) 19:23, 12 August 2011 (UTC)[reply]

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General discussion

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