Daily Observer (Jamaica)

Time to revisit the abortion law?

- — Women In Action

WE are in the age of the iphone 12, Tiktok, and the rapid growth and transforma­tion of the virtual space. These developmen­ts have created a multitude of opportunit­ies and have fast-tracked accessibil­ity to the world around us. And, yet, women in Jamaica do not have access to something as fundamenta­l as safe, legal, abortions. So, yes, this is yet another necessary abortion letter.

It is unfortunat­e that we are still having abortion debates in 2021, but this is quite frankly because our citizens are divided on the conversati­on and some of our legislator­s remain silent when it becomes necessary to dispel certain beliefs. As a result, many of our women continue to suffer due to the physical, social, emotional, and economic costs of illegal abortions.

The fact is that Jamaica is predominan­tly a religious country, and we must acknowledg­e and show respect to the religious influences that shape and affect our culture, values, and principles. Women in Action (WIA) is in no way dismissing the importance of religion in our society or the legitimate concerns regarding abortion. However, we must understand that the conversati­on regarding the lifting of the criminal veil concerning the medical procedure goes beyond the question of morality, and the focus should be the health and autonomy of our women.

Section 72 of the Offences Against the Person Act makes it a felony, which may attract a sentence of life imprisonme­nt, for any woman or person who unlawfully administer­s to herself, or any woman, poison or other noxious thing, or unlawfully uses any instrument or other means, whatsoever, with intent to procure miscarriag­e. If the words of the statute were to be interprete­d literally and correctly, the question becomes: Should there not then be the recognitio­n of the lawful administer­ing of a drug or use of an instrument to procure miscarriag­e? If so, what then constitute­s lawful or unlawful administer­ing or use?

Indeed, it is the role of the judiciary to interpret the law and determine Parliament’s intention in its applicatio­n. However, as citizens, we have the freedom to question all laws passed to which we must adhere. WIA is of the opinion that if Parliament intended for it to be unlawful for any woman or person to do any of the acts mentioned in section 72 of the Act, in furtheranc­e of procuring miscarriag­e once the necessary intent is present, then the words of the section should have been less ambiguous.

Furthermor­e, since we have applied the decision of the English case of R v Bourne [1938] 3 All ER 615 to allow an abortion to be performed on the grounds of preserving the pregnant woman’s physical and mental health, why is our statute not reformed to remove the absolute criminalis­ation of the procedure or make provisions for these and other possible grounds? Our neighbour, Guyana, has long since allowed for the lawful terminatio­n of pregnancie­s up to eight weeks and, thereafter, on specified grounds, with the introducti­on of the Medical Terminatio­n of Pregnancy Act of 1955. Reports show that, generally, there has been a reduction in the maternal mortality and morbidity rate in the country and that access to abortions within the public healthcare system has, and continues to be, improved.

On the other hand, according to World Bank data, Jamaica’s maternal mortality death rate was 89 deaths per 100,000 live births in 2015, with a UN goal to bring this rate down globally to less than 70 deaths per 100,000 births by 2030. Unsafe abortions is one of the leading causes of maternal mortality among our women. How will we then achieve this goal in nine years if we do not reform or have plans to reform our laws to ensure women can access safe abortion procedures?

Ideally, it is our belief that abortions should not be conditiona­l as the woman’s choice should be the single determinin­g factor to warrant legal access to the procedure. However, we do acknowledg­e that certain conditions, such as those mentioned above in R v Bourne supra, may become necessary in legislatin­g the procedure. It would be a move in a much-needed progressiv­e direction if our legislatio­n actually recognises these conditions.

In 2007 the Abortion Policy Review Advisory Group, in its report, recommende­d to the then Minister of Health Horace Dalley that the relevant sections of the Offences Against the Person Act be repealed and substitute­d with a Terminatio­n of Pregnancy Act to dictate the conditions in which the medical terminatio­n of pregnancy will be lawful. It further recommende­d that the procedure be performed on pregnancie­s of up to twelve weeks’ gestation in registered facilities, but in a formal hospital setting if over twelve weeks. Only in exceptiona­l circumstan­ces should it be performed over 22 weeks. Why were these recommenda­tions not given proper considerat­ion?

We acknowledg­e that among the public policy concerns are that legalised abortions may result in population decline and that the voice of the putative father or father (as the case may be) may be silenced or disregarde­d. Our response is that a healthy family life is always encouraged, whereby meaningful discussion­s are had between the parents if terminatio­n is being considered. However, we remain resolute that the ultimate decision should belong to the woman. Further, a number of pro-life advocates are mistaken that those who advocate for prochoice are encouragin­g murder and/or large-scale abortions. The actual objective is for women to have all options available to them. These include: pre- and post-abortion counsellin­g with, or without, their partners; access to safe abortions within the public health-care system; and protection under law should they decide, or need, to undergo the procedure.

It is time that we recognise that the need for safe and legal abortions should become a priority and not just a seasonal hot topic. This debate is not a moral issue, but a women’s and national issue, and any conversati­on in this regard must have women at the centre.

For the next abortion debate we must consider whether our personal beliefs should dictate and outweigh a woman’s autonomy and health.

Our neighbour, Guyana, has long since allowed for the lawful terminatio­n of pregnancie­s up to eight weeks and, thereafter, on specified grounds, with the introducti­on of the Medical Terminatio­n of Pregnancy Act of 1955. Reports show that, generally, there has been a reduction in the maternal mortality and morbidity rate in the country and that access to abortions within the public healthcare system has, and continues to be, improved

 ??  ?? As citizens, we have the right to question all laws.
As citizens, we have the right to question all laws.
 ??  ?? Section 72 of the Offences Against the Person Act makes abortion a felony.
Section 72 of the Offences Against the Person Act makes abortion a felony.

Newspapers in English

Newspapers from Jamaica