Sex Selected Abortions in Britain: What Does the CPS Decision Mean?

 

As an American, I find British law confusing, which, I expect is equally true of the British when they try to consider American law.

My understanding of the current legal situation concerning sex selected abortion in Britain is, to put it in American terms, that the agency charged with enforcing the statute has determined that it is, if a single loophole is followed, unenforceable.

The decision was based on a request for prosecution of two doctors who agreed to perform a sex selected abortion that was part of an undercover operation by a British newspaper. The exception on which the decision not to prosecute these two doctors was based is a provision in British law that allows abortions for reason of the baby’s gender whenever two physicians certify that “continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the woman or any existing children of her family.”

That sounds very much like the health of the mother exceptions that have allowed terminations of pregnancies right up until the baby is born here in the US. In fact, it sounds as if sex-selected abortion was already legal in Britain, even before the Crown Prosecution Service decision not to prosecute under this law. If that is true, and the law I’ve seen reads like it is, then the CPS decision was a formality.

The report from the CPS talks about the difficulty the prosecution would face proving that the doctors in question were acting in bad faith. It describes this situation as “a narrow basis for any prosecution.”

Because of these things, the CPS declined to prosecute the two doctors in question. It also, so far as I understand these things, gave an explanation as to why any prosecutions for sex-selected abortion would be extremely unlikely.

In America, we would say that the CPS had made a de facto decision legalizing same-sex abortion in Britain. I’ve read comments, including a circular and  mush-mouthed statement from the Prime Minster, saying that there is no such thing as a de facto decision in British law. That leaves me wondering what they call it.

If the agency charged with enforcing a law says that they won’t enforce it because it is unenforceable, then it sounds to me like this agency has, de facto, repealed the law. In addition, if the quotations supplied by the CPS in their discussions of this decision are both accurate and inclusive of the British law on sex selected abortion, I think they are probably right. This law is unenforceable except in the rare case where a doctor is stupid enough to do a sex-selected abortion without getting another doctor to sign off on it for him or her.

So far as I know, there has not been any legislation passed in Britain formally legalizing sex-selected abortion. However, when the agency charged with enforcing a law says that they will not enforce it because the law is unenforceable, then it sounds like it’s been repealed to me.

Baby girl3

Britian’s Prime Minister, David Cameron, affirmed this even as he denied it when he answered a question that included the statement “a female fetus in the womb today is more vulnerable than she was last week” by saying

… But in our country we do have independent prosecuting authorities. It’s very importance that they look at the evidence and they make a decision on the basis of likelihood of getting a conviction and the public interest in making a case and taking it to court. That’s how things have to work in our country, but I share her concern about what we’ve read and what has happened and it’s absolutely right that professional action should be considered as well.

For those who aren’t fluent in the language, that’s political-speak for “Yes.”

The facts as I know them — and I will be happy to write about any difference in facts as they pop up — is that sex selected abortion is now free of the threat of prosecution in Britain so long as two doctors sign off on the sex selected abortion in accordance with the parameters established under the law.

I would guess that it is possible that this law will be re-written to make it enforceable in the future. However, that may not happen. I can not predict.

Quotes from CPS communications about the decision, as well as links to the original documents, are below:

BABY GIRL4

According to a letter from Keir Starmer, who is the Director of Public prosecutions to Dominic Grieve, MP, the loophole in the law is that:

The law does not, in terms, expressly prohibit gender-specific abortions; rather it prohibits any abortion carried out without two medical practitioners having formed a view, in good faith, that the health risks of continuing with a pregnancy outweigh those of termination. 

… the discretion afforded to doctors under the current law in assessing the risk to the mental or physical health of a patient is wide and, having consulted an experienced consultant in Obstetrics and Gynaecology, it appears that there is no generally accepted approach among the medical profession.

There is also the difficulty that, on its face, the HSA/1 form which doctors are required to use to certify their assessment of a patient, does not require them to see or examine the patient before forming a view. Against that background, it would be very difficult for a jury to assess what may or may not be an “adequate” assessment by the doctor and there is a real risk that different juries would reach different decisions on essentially the same facts. 

Baby girl 2
The Crown Prosecution Service followed this letter with a more extensive analysis of the situation on their web site(emphasis mine):

Procuring a miscarriage is an offence contrary to section 58 of the Offences Against the Person Act 1861. However, section 1 of the Abortion Act 1967 provides that a person should not be guilty of an offence when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith, inter alia, that “the pregnancy has not exceeded its 24th week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family”.

Thus the law does not, in terms, expressly prohibit gender-specific abortions; rather, it prohibits any abortion carried out without two medical practitioners having formed a view, in good faith, that the health risks (mental or physical) of continuance outweigh those of termination. This gives a wide discretion to doctors in assessing the health risks of a pregnant patient.

The BMA’s Handbook of Ethics and Law, published in February 2012, gives the following guidance, which is the same as guidance published in 2007:

Abortion on the grounds of fetal sex

 

Fetal sex is not one of the criteria for abortion listed in the Abortion Act and therefore termination on this ground alone has been challenged as out with the law. There may be circumstances, however, in which termination of pregnancy on grounds of fetal sex would be lawful. It has been suggested that if two doctors, acting in good faith, formed the opinion that the pregnant woman’s health, or that of her existing children, would be put at greater risk than if she terminated the pregnancy, the abortion would arguably be lawful under section 1(1) (a) of the Abortion Act. (see page 283) [Morgan D (2001) Issues in medical law and ethics, Cavendish Publishing, London, pp147-9]. The Association believes that it is normally unethical to terminate a pregnancy on the grounds of fetal sex alone, except in cases of severe sex-linked disorders. The pregnant woman’s views about the effect of the sex of the fetus on her situation and on her existing children should nevertheless be carefully considered. In some circumstances doctors may come to the conclusion that the effects are so severe as to provide legal and ethical justification for a termination. They should be prepared to justify the decision if challenged.” [p.287]

… The prosecution would have to be in a position to prove, beyond reasonable doubt, that the assessments carried out by the doctors was carried out in bad faith or carried out in such a way that fell below a standard which any reasonable doctor would consider adequate. In the absence of any considered medical guidance it is extremely difficult for the prosecution to undertake this exercise. Equally, it would be very difficult for a jury to assess what may or may not be an “adequate” assessment by the doctor. 

It is questionable whether the interests of justice are served in bringing a prosecution where such levels of uncertainty exist.  In the absence of guidance a jury would have no yardstick by which they could measure the conduct of any doctor facing prosecution.  Where there is such uncertainty there is a serious risk that different juries would reach different decisions on essentially the same facts.

… As with the evidential stage of the Code test, the public interest in this case is finely balanced. But, if the narrow basis of any prosecution is kept firmly in mind, the public interest factors against prosecution outweigh those in favour. In reaching this conclusion, we fully consulted with the police who agreed with us about the public interest.

For additional information check out Frank Weathers at Why I Am Catholic.

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UK Legalizes Sex Selected Abortions

 

It began — at least for me — when Public Catholic reader Manny shared this link.

That led me to a google search where I found links from

National Right to Life

Belfast Telegraph

Susan B Anthony List

Zenit

Breitbart

Statement from the Crown Prosecution Service

all of which say that Manny’s link is correct. The UK has done one of those this-is-how-we-interpret-the-law laws that now allows doctors to perform sex-selected abortions.

I’m not going to comment about this right now. I feel like somebody hit me and I need to get my breath back.

However, just for your reading pleasure, I’ll include one last link. It’s from a “feminist” group explaining how killing baby girls is … well … too “complex” to be illegal. They think that it’s basically ok so long as it’s the woman’s choice to kill her baby because the baby is a little girl.

That’s feminism???

To paraphrase Lily Tomlin, I try to be cynical folks. But I just can’t keep up.

Baby girl 2

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Doctor Urged John Paul II’s Mother to Abort Him

 

We owe a great deal to Emilia Kaczorowska.

Emilia Kaczorowska is the mother of Blessed John Paul II. According to a new book, The Mother of the Pope, her doctor advised her to abort the future pope when she was pregnant with him. Evidently, she suffered from the after-affects of rheumatic fever, which often include damage to the heart valves.

In the days before antibiotics, rheumatic fever was fairly common. Damage to the heart valves was treated mostly by bed rest and efforts not to strain the heart. Pregnancy, as anyone knows, puts a strain on the entire body. I would guess that this is what led the doctor to advise abortion to the pope’s mother.

It almost certainly was not a trivial suggestion, and the possible consequences were extreme. It takes courage for anyone to risk their life for another person. That includes mothers who are willing to die for their children.

Emilia Kaczorowska refused the doctor’s advice and gave birth to a baby boy that she and her husband named Karol. She survived the pregnancy, but died nine years later, leaving the little boy without a mother. I’ve often thought that Pope John Paul’s intense closeness to Our Lady may have begun with his longing for the earthly mother he lost when he was a little boy.

Blessed John Paul II was a great pope. Among other things, his fearless stand for the sanctity of human life ennobled and empowered a worldwide resistance to the evils of abortion, euthanasia, embryonic stem cell research, and the many ways in which humanity attacks the dignity and value of those who can’t fight back.

Judging by his mother’s courageous determination to give him life, the apple did not fall far from the tree.

From LifeNews.com:

A new report out today suggests Pope John Paul II’s mother rejected an abortion when pregnant with him.

Under the headline “Blessed John Paul II was in danger of not being born,” the Vatican Insider web site says the information was revealed by Milena Kindziuk in the book just came out.

The report suggests that the future Pope John Paul II was in danger of not being born because of the precarious state of health of his mother Emilia Kaczorowska. The book, “The Mother of the Pope,” indicates Emilia Kaczorowska, married in 1905 with Karol Wojtyla, the army of the Austro-Hungarian Empire, rejected an abortion.

John paul

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Australia: Doctor Could Lose His License for Refusing to do Sex-Selected Abortion

How do you define inconsistent?

Pro abortion people fought a bill we passed here in Oklahoma that was an attempt to discourage sex-selected abortions. Their excuse for fighting the legislation was that it was unnecessary, since no one wants a sex-selected abortion and no doctor would do them, anyway.

Half a world away, in Australia, a doctor is facing the loss of his medical license because he refused to do a sex-selected abortion or refer for a sex-selected abortion on a woman who was 19 weeks pregnant. According to a National Catholic Register article, the woman and her husband had decided to kill their unborn baby when they found out she was a little girl.

Now the doctor — not the couple — is under investigation by the Medical Board of Australia and the Australian Health Practitioner Regulatory Agency.

So … which is it pro abortion advocates? Are we working the side of the argument where a woman has a “right” to kill her baby because it’s a little girl and anyone who refuses to participate in this is going to be punished, or are we pretending that such things don’t happen, which means there should be no laws against it?

Maybe it’s just a matter of which argument is most likely to keep abortion on demand absolutely unregulated and unlimited — except for medical practitioners’ right to say “no,” that is.

From the National Catholic Register:

MELBOURNE, Australia — A Catholic doctor in Australia could face suspension or the loss of his license for refusing to refer a couple who sought the sex-based abortion of their unborn daughter.

“I refused to refer the patient because there was no medical reason to do it, and it offended my moral conscience,” Dr. Mark Hobart told Nine News Australia.

“It’s very wrong, I don’t know any doctor in Victoria that would be willing to refer a woman who wanted to have an abortion just because of gender at 19 weeks.”

The 55-year-old doctor, who lives in the Australian state of Victoria, has practiced medicine for 27 years. He said the pregnancy was “well advanced.”

The married couple had asked Hobart to refer them to an abortion facility 19 weeks into the woman’s pregnancy, when they discovered they were having a girl but wanted a boy.

For the last five months, Hobart has faced an investigation from the Medical Board of Australia and the Australian Health Practitioner Regulation Agency.

Read more: http://www.ncregister.com/daily-news/australian-doctor-could-lose-license-for-refusing-sex-based-abortion?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NCRegisterDailyBlog+National+Catholic+Register#When:2013-10-14%2008:42:01#ixzz2hjm91QgU

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It’s About Self-Respect

Trollop fashions are the antithesis of self-respect for young girls. It’s particularly significant that we push this stuff on even very young girls, including pre-schoolers. Every time I see an ad for a tv show about beauty pageants for girls under ten, I cringe.

This video approaches the issue from a different angle. I’m interested to see what your reactions to it will be.

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Divorce, Catholic Divorce and Following Christ as Counter-Cultural Living

Divorce is one of the plagues of modern America. It is the root cause of much of the misery of our modern life. The damage it does to our children and their children and their children’s children is incalculable. It is almost as if we have visited a social plague of Biblical proportions on ourselves with our disregard for marriage, home and family.

And we do disregard these things.

Social policy, especially as it pertains to how business activities are regulated, do not ever seem to consider the good the family. If you want to see what people really care about, look at what they serve. Judged by that standard, American government — and the American people as well — consistently put the Almighty dollar ahead of families, including, or perhaps most especially, children.

Divorce is a cause and a symptom of these values, as well as a result of them. In this way, we have created a divorce cycle that feeds on itself and appears to be endangering the survival of the institution of Holy Matrimony in the larger society. If we are heading toward a society where only certain groups of people maintain stable homes and families, there is no better place for one of those groups to form than among faithful Catholics.

It appears that the foundation for this sort of thing may already be in place.

According to a recent study by the Applied Research Apostolate at Georgetown University, Catholics divorce. In fact, Catholics divorce a lot. But compared to those other guys and gals out there, Catholics don’t divorce so much.

I suppose it’s a relief to learn that we’re not as prone as non-Catholics to steer our marriages — and our lives and our children’s lives — onto the rocks. In fact, I know it’s good news. The study shows that 28% of Catholics have been divorced at some time in their lives. I am assuming that this includes people who converted to Catholicism after they were divorced. If that’s true, the numbers for cradle Catholics might be even lower. Catholics who are married to other Catholics divorce at the slightly lower rate of 27%, so there may be something to that notion.

Protestants divorce at a rate of 39%, other faiths at 35% and people of no faith at 40%.

What this means is that, while we’re far from the point where we need to pop open the champagne and begin congratulating ourselves, we have a basis of solid Catholic families on which to build. Our ultimate goal should be the conversion of the larger society. But for now, I think it’s more than enough for us to look to ways to strengthen and build strong Catholic families which can raise children who will grow into productive and faithful adults.

I’ll talk about this more later, but we’re going to have to face the reality that our society is inimical to us and our values. If we want to live the true good life of stable homes that produce children who grow into equally stable adults, we face the necessity — not the choice, but the necessity — of pulling our families and our kids out of the cesspools of modern life.

We can no longer rely on the larger culture to be a safe place for our kids. And we certainly cannot rely on the larger culture to teach either us or them about what matters in life. Following Christ has always been counter-cultural. It was a scandal to the larger society from its beginning. In a very real way, we simply need to go back to our New Testament Gospel roots and live out our faith as the countercultural force it is and always has been.

From Catholic News Agency:

.- Recent studies on marriage show that while their rates of divorce are significant, U.S. Catholics are less likely to divorce than people of other religious affiliations.

“Although the Catholic ‘divorce rate’ is lower than the U.S. average it is still a daunting figure,” said the Center for Applied Research in the Apostolate at Georgetown University.

In a Sept. 26 blog post, the research group explained that divorce among Catholics “represents more than 11 million individuals,” many of whom “are likely in need of more outreach and ongoing ministry from the Church.”

In its article, the organization explained that different ways of tallying divorce and marriage rates create a range of different divorce figures, including the oft-quoted statistic that “half of all marriages fail.”

Looking at national surveys, “Catholics stand out with only 28 percent of the ever-married having divorced at some point,” the blog post stated, compared to more than 40 percent of those with no religious affiliation, 39 percent of Protestants and 35 percent of those of another religious faith.

Furthermore, Catholics who marry other Catholics are also less likely to divorce than Catholics married to people of other faiths.

A 2007 survey from the Center for Applied Research in the Apostolate estimates that only 27 percent of Catholics married to other Catholics have ever experienced divorce, compared to nearly half of Catholics married to Protestants or to spouses with no religious belief.

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When Home is Hell

Comments on this post about divorce have, as these things usually do, veered off into the subject of abusive relationships in marriage. Here, just for the record is my two cents on that topic.

Never can true reconcilement grow where wounds of deadly hate have pierced so deep.

John Milton, Paradise Lost

I chose the quote above because of it’s origin. It comes from Paradise Lost, which is the tale of Satan, cast out of heaven and down to hell because of his hatred.

People who beat and batter their own families seem like that to me. Ditto for the monsters who sexually abuse their own loved ones.

I am talking about people so cowardly that they spend their frustrations on the people who trust them and who deserve their protection because they, unlike the rest of the world, are unwilling or unable to fight back against their real problems.

What kind of monster would hit or batter their own spouse? Don’t they know that their husband or wife is their own self?

You can not harm you’re life’s companion, the person you create other people with, the only one who will be there beside you throughout your days in this life, without also harming yourself.

I repeat: What kind of monster attacks his or her own wife or husband, his or her own children?

Home is refuge, one that, in these increasingly traumatic times, we all need. Home is, as Robert Frost said, “where, when you go there, they have to take you in.” Home is that last place on earth where you can go, where you will be safe, even when the rest of the world is perilous.

Home is also the last place on earth anyone should defile with their violence and abuse of other people.

If batterers are so brave, let them take their rages to the world and try yelling at their boss or talking back to the cop who writes them a ticket. See who lets them in the house later when they’ve been fired, or who empties the piggy bank to pay their bail.

It will be those people no one should ever attack: Their family.

Manly men do not beat up women. Manly men do not rape children.

Womanly women do not batter their kids. Womanly women do not berate and belittle their husbands.

To paraphrase Emily Dickinson, home is meant to be the closest thing to heaven we will know in this life. But, with our propensity to evil, many of us turn our homes into all we need to know of hell.

What should a Christian do when they’ve married what they thought was a good person and find later that they have yoked themselves to a monster?

If there is violence or sexual abuse, you must divorce them. If you have to go to a shelter or take out restraining orders, do it. If they are violating your children, send them to prison. You owe that to the rest of society, so that they won’t do it again to other children.

I do not fully understand the nuances of the Church’s teaching in this regard and I am speaking here entirely for myself. But you and your children have a right to life, the same as everyone else. Physical violence or sexual abuse are threats to that right to life. They are an abrogation of your dignity as human beings made in the image and likeness of God.

There can be no marriage with a monster and people who do things like this to their own families are monsters. I do not know how the Church treats these things, but as far as I am concerned, a person who is so morally deficient that he or she will physically attack their own family is incapable of entering into a sacramental marriage in the first place. They are too morally blighted for the words of their vows to have meaning.

In short, get yourself safe and sort out the finer points later.

As for those readers who actually batter their wives or husbands, you need to go to a priest and, after confession, ask for referrals where you can get help. You also need to move out of the family home until you are safe for them. If you never are safe for them, then realize that you are not worthy of having a family of your own.

If, on the other hand, you have sexually abused your children, you need to turn yourself in to the police. I mean that. You can get counseling and whatever in prison. But you do not belong free.

I don’t know that people who commit these kinds of crimes against their own families ever turn themselves into the police. I have never personally heard of it. However, I do know people who have gone to prison for sexually abusing their children.

That is just the beginning for the children who have been through this. If they do not get immediate help, they will suffer the consequences of what was done to them all the days of their lives.

If your spouse has done this to your kids, you need to consider the best ways to get your children the therapy they need. As always, the Church is a great resource. Here in my archdiocese, the Church offers all sorts of help for families and children in distress, and most of it is free.

If you are the victim of battering or abuse yourself, you need to take care of yourself by getting therapy and assistance for you.

In the midst of all this, do not forget your spiritual healing. A kind priest can do wonders about helping you through times like this. If you should run into one of the occasional bad priests who are unsympathetic or who try to get you to stay in a situation that is violent and dangerous, just find another priest. You can talk to your bishop about this bad guy later, when you are stronger.

Many times, families who have an abusive member are isolated from other people. You may not have been attending church. Or, if you have, you may not have been able to participate in the guilds and groups that help you meet people and form friendships. Don’t let this stop you from seeking their help now. I would not hesitate to call the parish altar society or Knights of Columbus, and ask them for support and help.

If you’re lonely, say so. If you need a job, ask them for leads. You will probably be astonished by the help they give you and how much it enables you to move forward with your life.

If, for some reason, they don’t respond, try another parish.

Above all, pray, pray, pray. The Rosary is a wonderful prayer for bad times for the simple reason that you don’t have to come up with the words. When you are distraught and can’t think what to say, the Rosary will pray for you.

Ruth Graham once said that if two people are married and never disagree, then one of them is unnecessary. All marriages, even the best of them, have their times when the spouses are at loggerheads over something or other.

In a good marriage, this usually lasts only a few hours at most, then the love the two of them have for one another works its magic. But even the best marriages have times when one spouse is in their private misery over work or feelings of failure or grief and the other spouse cannot reach them. These are tough times. But they are not a reason for divorce.

Love perseveres.

But when a marriage descends into the hell of violence and abuse, that is a sure sign that there is no love there to persevere. Some things are not negotiable. One of them is that anyone who harms their family in this way does not deserve to have a family.

It’s as simple as that: They don’t deserve you.

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Pope Francis and the Role of Women in the Church

Pope Francis made a few comments today on one of my favorite topics: The role of women in the Church.

I think this is an area that needs a little work. My primary concern is the worldwide plague of violence against and exploitation of women. This evil is so endemic that we take it as a given. I have been praying for years that the pope — whoever the pope might be — would address this with the force and uncompromising moral clarity that it deserves.

The Holy Father did not address violence against women today, but he had a lot of other great comments, just the same.

From Catholic News Agency:

.- Pope Francis met with experts on women’s issues today in Rome, affirming that the Church must continue to work for a more profound understanding of women and their roles.

“Also in the Church it is important to ask ourselves: what presence does woman have? Can it be valued more?” the Pope asked.

He met with experts who had participated in a seminar marking the 25th anniversary of Blessed John Paul II’s apostolic letter, “On the Dignity and Vocation of Women.” The two-day seminar was sponsored by the Pontifical Council of the Laity.

Pope Francis said the presence of women in the Church is “a reality that is very much on my heart.” He said he wanted to meet the seminar participants “and bless you and your task.”

He noted that John Paul II’s apostolic letter teaches that “God entrusts man, the human being, to woman in a special way.”

“What does this ‘special entrustment’ mean?” asked Pope Francis.

“I think it is evident that my predecessor refers to motherhood,” he explained. “And this is not simply a biological fact, but it involves a wealth of implications both for woman herself, for her way of being, and for her relationships, for a way of extending respect for human life and for life in general.”

The Pope then warned of two ever-present dangers, “two extreme opposites that degrade woman and her vocation.”

“The first is to reduce motherhood to a social role, to a task, however noble, but in fact sets apart woman with her potential, not fully valuing her in the construction of the community,” he noted.

The second peril is that of “promoting a type of emancipation that, in order to occupy the space stolen by the masculine, abandons the feminine with its priceless elements.”

He said women can help provide better insight into the nature of God.

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Culture of Death News

Buckle your seat belts.

The list below contains a few headlines from the culture of death. Look at them and remember why we fight this fight.

 

Wendy Davis, winner of the Texas pro choice filibuster, runs for Governor

UK Takes Step Toward Three-Parent Babies

Belgian Transsexual Dies of Euthanasia After Botched Sex Change Surgery

Number of Dutch Deaths by Euthanasia Rises by 13% 

 

Abortion  Contracts and $45,000 for abortions

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Real Feminism Begins at Home


This video addresses what I’ve long believed is the forgotten core need of women: the ability to have a family and a home and still use their full capacities in life.

Ironically, this is also a core need of men.

People need home and family. The deepest fulfillment in life is looking in the face of your own beautiful child.

How did we get so turned around that we think these things are burdens rather than gifts?

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