Government amendment ‘opens the door for introduction of abortion’ – academics

A group of experts in medicine, science, social and family policy, philosophy, ethics, psychology and law say that the government’s amendment to the law freeing doctors and pregnant women from the threat of criminal prosecution if a pregnancy is terminated for reasons related to the woman’s health are “opening the door to abortion.”

In a statement, the academics said that the government does not speak solely of instances where the woman is at risk of dying, but also adds the words “or her health in grave jeopardy.”

They noted that the World Health Organisation (WHO) and the United Nations declared that the word “health” also means mental health.

“Therefore, with the government’s amendment, a pregnancy can be terminated not just in cases where the woman’s life is at risk, but also in cases of mental health conditions,” the statement said.

“This means abortion will be allowed if a woman is going through serious mental conditions, none of which should ever justify the sacrifice of a baby’s life.”

“Therefore, instead of this amendment as proposed by the Government: ‘243B. No offence under article 241(2) or article 243 shall be committed when the termination of a pregnancy results from a medical intervention aimed at protecting the health of a pregnant woman suffering from a medical complication which may put her life at risk or her health in grave jeopardy.’ We are proposing this amendment: ‘No crime is committed under article 241(2) or article 243 when the death or bodily harm of an unborn child results from a medical intervention conducted with the aim of saving the life of the mother where there is a real and substantial risk of loss of the mother’s life from a physical illness.’”

The academics said they “will soon be publishing a paper detailing the rationale behind the proposed amendment. We will also be publishing the full list of professionals who are also objecting to the Government’s amendment and supporting our proposed amendment.”

The amendments to the law were tabled in Parliament on Monday.

At present, abortion is prohibited by law in all circumstances and both the doctor and mother risk jail time if they go ahead with a termination, irrespective of the reasons why.

When speaking about the government’s proposed amendments to allow abortion in cases where the mother’s life is at risk, or her health is in grave jeopardy, Health Minister Chris Fearne had said that in these cases, through the legal amendment, the doctor and mother would no longer face jail time. He said that there will not be any changes to the current clauses in the law, but rather a new clause would be introduced.

The proposed changes to the law come following a summer incident when an American woman, Andrea Prudente, was denied an abortion while she was going through a miscarriage and her life was at risk. She eventually had to be flown to Spain.