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a law says that they won’t enforce it because it is unenforceable, then it sounds to me like this agency has, de facto, repealed the law.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. 

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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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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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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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Government Shuts Down

 

When the buffalo fight in the swamp, the frogs lose.

The morons in Washington have managed to bring the government to a standstill. I don’t know if they’ll turn around and do some quick maneuver to stop the free fall or not. I do know that people I represent, people who have bills to pay and families to support, have already been given notice that their jobs are forfeit because of this.

I knew from jump street that the Affordable Care Act was a goldmine for Planned Parenthood. It was right there in the language of the bill. I am also absolutely opposed to the HHS Mandate. At the same time, I know that the President is correct when he says the economy is fragile (at best) and that the credit rating of this debtor nation is at stake. Think what happens when your credit card company raises your interest rate and multiply that by the national debt.

I haven’t written about this before now because I am conflicted.

All I know for sure is that I love this country and I believe that the people we have put in office — of both parties — are doing damage to my country. I honestly question if they care about this country or the American people. It appears that the only thing they want to do with the power we have given them is play political games, serve their various special interests and try to hype things in an unending quest for power and dominance over the other political party.

I’m going to let you good people discuss this as thoroughly as you wish. Just be kind to one another in the process. Good people can look at the same situation and come away with different ideas. That is part of our strength, because different ideas lead to better decisions.

When the buffalo fight in the swamp, the frogs lose.

In this case, the frogs are the American people.

We deserve better than this.

From The Wall Street Journal:

WASHINGTON—After three years of ducking crises with last-minute deals, Congress finally ran out of ways to patch over its differences. Unable to meet a midnight Monday deadline for funding the government, lawmakers allowed it to shut down.

The White House ordered federal agencies to suspend a vast array of activities shortly before midnight, after a day of frantic legislative volleying left Senate Democrats and House Republicans at an impasse over government spending and the 2010 federal health-care law. The next steps to resolve the stalemate remained unclear.

Markets that have slipped recently face a test on Tuesday morning of how they will view the developments, given that a larger deadline for Congress—over the need to raise the nation’s borrowing limit—is less than a month away.

Many federal workers reporting to their agencies Tuesday morning will undertake a half-day of shutdown preparations before more than 800,000 employees in the government’s workforce of about 2.9 million are sent home. While essential functions such as law enforcement and air-traffic control will continue, a large array of federal activities, among them Internal Revenue Service audits and surveillance for flu outbreaks, will be suspended.

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Christian Persecution: What Can We Do?

Elizabeth Scalia has heard the call.

Have you?

I’m talking about the call to prayer for persecuted Christians around the globe.

Pope Francis issued a call to prayerfor the persecuted church earlier this week.

“So many Christians in the world are suffering,” the pope said during his general audience Wednesday morning in St. Peter’s Square. “Am I indifferent to that, or does it affect me like it’s a member of the family?

“Does it touch my heart, or doesn’t it really affect me, [to know that] so many brothers and sisters in the family are giving their lives for Jesus Christ?

Speaking directly to the crowd in the square, Francis said he wanted to ask a question, and he didn’t want people to shout out an answer but rather to ponder it in their hearts.

“How many of you pray for Christians who are persecuted?” the pope asked. “Ask yourselves, do I pray for that brother or sister who’s in difficulty for confessing their faith?” (Read more here.)

According to the Center for the Study of Global Christianity, one hundred thousand Christians have died for their faith each year in the last decade. That works out to 11 Christians martyred for their faith every hour for the past ten years.

Can you imagine the outcry if this was one the groups that fashion says we should care about? Just consider the sentence 100,000 _______ were murdered because of they were ______ each year for the past ten years. Supply the name of any group whose rights we hear daily that we are supposed to care about.

Now, go back and substitute the word Christians, as in:

100,000 Christians  were murdered because they were Christians  each year for the past ten years.

See what I mean?

Christian bashing is far more popular in today’s world than defending the human rights of Christians. Every time I post on the issue, I get a spate of comments telling me that no such problem exists. There are usually a few profane and truly ugly comments mixed in with them. I delete these things the same way I would swat a fly; the same way I delete Holocaust deniers and gay bashers and woman haters; with speed and quickness.

Pope Francis is right. We need to pray for our persecuted brothers and sisters in Christ. If you’re one of those people who has been observing this carnage and wondering What can I do? here’s you answer. Get on your knees and start praying.

I wrote a Novena for the Persecuted Church a few weeks ago. You can find it here:

Day 1

Day 2

Day 3

Day 4

Day 5

Day 6

Day 7

Day 8

Day 9

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Bogus Scholarship and the High Fashion of Attacking Christ the Lord

The Washington Post published an opinion piece by Reza Aslan, the Muslim writer-about-Jesus.

I’m not going to go into the this-guy-is-not-a-Christian-he’s-a-Muslim stuff because I don’t think it really matters. You can find the same garbage he writes in this opinion piece on the Discovery Channel, National Geographic and other places all over television every Christmas/Easter.

These are the same lies that are trotted out by Christian bashers all over the internet. You can find them repetitively blah-blahed any day of the week at certain portals right here on Patheos. There are also the hyper modernist Christians, such as the Jesus Seminar, who put this stuff out there, feeding the attacks against Our Lord from within.

Mr Aslan lines up the same old bogus arguments in a list of five, labeling them the “Five Myths about Jesus.” These “myths” are, for those who don’t want to click on the thing: Jesus was born in Bethlehem, Jesus was an only child (Mary is ever virgin), Jesus had 12 disciples, Jesus had a trial before Pontius Pilate, Jesus was buried in a tomb. Each of these is a myth, according to Mr Aslan.

His reasons for these opinions of his are as flabby and obvious as his motive: He’s not a Christian and he wants to tear down Christianity.

The really great thing in all this is that it points out quite eloquently the fact that Christianity is different by far from other religions, specifically Mr Aslan’s faith. Can you imagine if Mr Aslan had written a similar opinion piece about Islam? What if he had decided to debunk the Prophet Muhammad?

The question here wouldn’t be whether or not those “intolerant” Muslims decided to criticize Mr Aslan’s objectivity or say that he was wrong in his assertions. Rather, the question would be where Mr Aslan would hide to keep from being killed.

Christians have been roundly criticized for criticizing this Christ basher. They have been called bigots for pointing out that, as a Muslim, Mr Aslan just might have an agenda in his “scholarship.” They have, as usual, been labeled bigots and intolerant extremists for standing up for their faith.

On the question of the inevitable calls for death and beheading of anyone who dares to say even one criticism of the Prophet Muhammad, there is a “tolerant,” oozy silence.

But the facts are the facts. Christianity is radically different from any other faith on this planet. There is no other empty tomb. Every good thing we believe today about the value of the individual human being and the individual human life has its foundation in the teachings of Jesus of Nazareth.

The fact that the Church is under such attack in the Western world today is a direct consequence of this one thing: Christianity teaches that every human being is made in the image and likeness of God and that there are certain moral requirements and consequences attendant to that fact.

We may not kill with impunity. This teaching raises the ire of those who wish to kill through eugenics, euthanasia, abortion, embryonic stem cell research.

We may not degrade other human beings. This teaching raises the ire of those who wish to degrade through pornography, prostitution, egg harvesting, surrogate pregnancy.

We must use our sexuality as a mutual, life-giving gift between a man and a woman united in the sacramental covenant of Holy Matrimony. This teaching raises the ire of everyone who wants to live outside this boundary.

These things, and not the veracity of the Gospels, are the source of the popularity of the attacks on Jesus.

Mr Aslan is just riding the wave of anger against anyone who tells our nihilistic, narcissistic culture that there are moral limits on what they may do. They are using him with their phonied up “tolerance” to attack what ails them, which is anyone who says their sins are sin. He is using them to attack a faith other than his own in the name of a phonied up scholarship.

This is standard stuff for us Christians. We have to put up with being attacked, defamed and now, blatantly discriminated against as part of our faith.

But we know something that these people refuse to believe: Jesus Christ is the Lord of Life, and those who persist in following Him to the end will live forever.

 

 

For a different take on this same article, check out Joanne McPortland.

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Planned Parenthood: No Matter What

 

This enlightening video is from Students for Life.

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The Burden of Sin: What Jesus Endured on the Cross


The One Who knew no sin became sin for us.

 

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Graphic images, not for children.

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