ABSTRACT

In 1998 the UK Court of Appeal held that a caesarean section carried out on a competent woman against her express wishes was unlawful. This chapter focuses on the overt consideration of the 'rights' of the pregnant woman versus the 'rights' of the foetus to the more subtle question of how a woman refusing treatment which would save her baby could possibly be categorized as competent. The increasing control of pregnancy by health professionals – especially doctors – has been well-documented. Competence depends on an ability to understand, not on altruism. The chapter discusses 'The Angel in the House', the title of a popular poem adopted as a paean to the idealized Victorian womanly woman. This woman was, above all, identified by her relationships to others. She was guardian of the home, demonstrating amongst her wifely virtues the sublime altruism of one whose desires are subordinated to the happiness of others.