around the world

Wrongful Life and Abortion Around the World : Wrongful Life and Abortion Around the World February 1, 2006


Wrongful Life : Wrongful Life Wrongful pregnancy - “cases where a healthy but unwanted child is born, following negligent contraceptive advice by a doctor or a negligent sterilization or abortion procedure, and the parents claim damages” Dept. of Health and Human Services Wrongful birth – Case in which parents of an abnormal or disabled child claim damages, usually for negligence in prenatal testing. It’s basically a genetic or prenatal malpractice suit. Wrongful life - A similar claim as wrongful birth, only brought to court by the child or on behalf of the child, essentially saying, “my life is not worth living, so pay me.”


Part of the Problem : Part of the Problem Highly-charged language The claims are not worded as pleas for financial assistance for a disabled, but still wanted, child. Rather, the idea that these children should not have been born suggests greed and coldness on the part of the parent.


Australia : Australia In 2004, a court in New South Wales ruled against two children who (or whose parents on their behalf) sought damages—the case is being appealed. In one case, the individual is a 24-year old young woman; in the other, she is three. Also a suit filed by the parents of a five-year-old boy, on the behalf of the children.


France : France One ruling stated that the doctor responsible for the lapse in prenatal diagnosis was completely liable for the cost of the child’s special care. Ob-Gyns went on strike, refused ultrasounds. In 2001, court rulings set precedents for compensation to parents for disabled children whose mothers were not given an opportunity to abort them, and compensation to children who “have a legal right never to have been born,” i.e. those with Down’s Syndrome.


France (cont.) : France (cont.) In Paris in 2000, studies estimated that 90% of genetic abnormalities were detected via prenatal care, and 92% of the mothers involved chose abortion. the Collective Against Handiphobia January 2002, the legislature passed a bill overturning that decision with respect to wrongful life suits.


Now for the international state of abortion… : Now for the international state of abortion…


France : France Abortion legalized in 1975 National Assembly reaffirmed abortion in 1979 Ministry of Woman’s Rights successfully secured government funding for abortion costs in 1983 30 ans ca suffit – founded in 2005 Had 2nd annual March for Life on January 24, 2006


United Kingdom : United Kingdom Abortion legalized by Parliament with the Abortion Act in 1967 Reasoning was that it was necessary since so many illegal abortions were being performed The Society for the Protection of Unborn Children Anti-abortion Anti-embryonic stem cell Anti-assisted suicide Anti-in vitro fertilization Pro-abortion lobby wants abortions to be provided to minors without needing parental consent


Germany : Germany Was legalized in East Germany (the German Democratic Republic) in 1972 When the two states reunited, the West German law was used, which made abortion illegal. In June 1995, Germany reaffirmed that abortion is illegal unless it is in cases of rape or woman’s health. Women who have an abortion in their first trimester will not be prosecuted if they’ve had counseling to try to convince them to carry the pregnancy to term. Doctors performing abortions will also not be prosecuted.


Africa : Africa The African Protocol for the Rights of Women included a broad right to abortion in its clauses. This treaty was written by the UN. The delegates did not have the clause containing abortion rights in front of them when they voted on it. When most advocates for African women are asked, abortion is not a service they desire or need. Instead they need protection, food, jobs, essential obstetrical services, and equality in their laws and culture.


Asia : Asia In China, the prevalence of sex-selective abortions due to the one-child law has led to the new term, “gendercide.” Up to 200 million women missing in Asia, 60 million due to abortion/infanticide. UN Population Fund commended China’s achievements in population control. Philippines is discussing instituting a 2-child cap. Amnesty International is considering including a right to abortion in their standard list of human rights


The Very Special Netherlands : The Very Special Netherlands


Netherlands : Netherlands Euthanasia legalized in 2001 Groningen Protocol would allow doctors to euthanize patients they don’t deem as having free will – newborns with defects (if parents give consent), people in comas, etc Justification – they say child euthanasia is already being practiced, about 10-15 cases a year Schreeuw om Leven (Cry for Life) Not much opposition to the original law or new proposal in Holland Anti-Abortion, anti-drug abuse, anti-euthanasia, anti-sexuality


References : References http://www.spuc.org/uk http://www.oxfordscholarship.com/oso/public/content/politicalscience/0199242666/acprof-0199242666-chapter-5.html Life Site -http://www.lifesite.net/ldn/2006/jan/06012407.html http://www.cnsnews.com/ViewForeignBureaus.asp?Try=No&Page=/ForeignBureaus/archive/200510/FOR20051005b.html http://www.germany-info.org/relaunch/info/facts/facts/questions_en/health/healthissues3.html http://www.unescap.org/esid/psis/population/index.asp