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LEGAL ISSUES OF ABORTION Overview
of the Queensland Law on Abortion
What
value does our society accord human life in areas other than abortion? What
value have the laws of our society accorded the unborn child? The true facts of human reproduction became known in the early part of the 19th century. As soon as these facts became known that there was enormous pressure applied to legislators throughout the world - often by medical associations who were best qualified to know the facts - to extend the protection of the law to the unborn child from the moment of conception. The law against abortion in Queensland is an expression of this decision of the community - through its legislators - to protect the unborn child against unjust attack from conception. What
is the Queensland law on abortion? QUEENSLAND
CRIMINAL CODE What
happens to the abortion rate if effective restrictions are imposed? What
are the implications of the law? Attorney General N.J. Harper said 6th March 1987: "His Honour's ruling is of no binding effect upon Courts sitting in the criminal jurisdiction in a trial of a like matter to that of the Bayliss and Cullen trial. To this extent, any medical practitioner (or any other person) who acts upon His Honour's ruling as constituting an authoritative, binding statement upon the law does so at his or her peril." The Trial Judge himself said in his decision: "The Law in this State has not abdicated its responsibility as guardian of the silent innocence of the unborn. It should rightly use its authority to see that abortion on whim or caprice does not insidiously filter into our society. There is no legal justification for abortion on demand." We cannot allow these to be empty words, for abortion is an assault on the human race itself. The lawmakers and law enforcement authorities must evolve between them a clear and enforceable law against abortion which will prove to be protection for our unborn children. Does
the law need to make allowance for abortion on psychiatric grounds? Should
the law make abortion available in cases of rape? Pregnancy from rape is extremely rare - less than 1% of all reasons given for women having abortions. Women are only fertile for several days per month. Trauma from the rape may bring into play some natural defence mechanisms that reduce the likelihood of pregnancy, such as hormonal change which inhibits ovulation. Some women may be on some form of contraceptive. Rape does not always involve a complete act of sexual intercourse - ejaculation may not occur or the rapist may be infertile. If a woman is raped she should seek immediate medical attention. Doctors can implement treatment to kill the sperm to try to prevent conception from occurring as well as deal with any sexually transmitted diseases. This procedure is not abortive as the ovum has not been fertilised in those first two vital hours. If a child is conceived through the act of rape we understand that he/she may be a constant reminder of the terrifying rape experience despite the fact that the unborn baby is equally the woman's child as well. However the level of her courage and her resolve to give life, not destroy life will often override the horror of the rape memory and with good support and counselling, enable her to continue with the pregnancy. Some women place their children for adoption in the case of rape. These women have understood that their child, although conceived under horrendous circumstances, is also an innocent victim. They have given LIFE despite the distress, trauma and enormous personal sacrifice. Society ought to be honouring the courage and unselfishness of these women and our anger and negativity should be directed at the rape itself and not the innocent child conceived. Post-traumatic symptoms which occur may not be integrated for many years. Symptoms experienced by victims of sexual assault are shame, feeling dehumanised and reduced capacity for intimacy. Long term effects include anxiety, depression and impaired social adjustment. Social support is the single most important factor influencing rehabilitation after rape. Her support network including the love and acceptance by her partner, family and friends provides an atmosphere for feeling loved, valued and esteemed. Should
abortion be permitted when pregnancy arises as a result of incest? Some may have the concern that a baby conceived through incest is likely to be handicapped. While there may be some increase in risk of handicap it is still much more likely that the baby will not be handicapped. In any casem why should babies be killed because they are handicapped or could possibliy have a disability? Should
the law permit an abortion when the child is likely to be deformed? The amniocentesis tests are carried out by removing a small amount of amniotic fluid that surrounds the unborn baby in the womb and is then analysed to see if the child has any genetic disability. In themselves these tests are inherently dangerous to mother and baby. The buffering fluid may escape if the needle puncture does not close, or the baby may be damaged if the needle actually makes contact with the baby. The rate of miscarriage is more than doubled after carrying out these tests and many healthy children are killed in order to identify the handicapped child for elimination. The accuracy of such tests are questionable and have a tendency to give false positive and negative results and can cause much unnecessary suffering and anguish for the mother and family. Should the tests indicate Down's Syndrome or Spina bifida they cannot give an indication of how severely effected the child maybe. Nor can they indicate the child's potential abilities. Nor can they indicate the child's potential. Nor can they indicate the child's adaptability or will in overcoming any deformity or handicap. There are those in our community who wish to label the deformed baby in order to distance themselves and absolve themselves from any responsibility towards the child. Why? Why because it raises their own morbidity as a stark reminder of the fragility and vulnerability of physical health and see the deformed as "offensive" and respond with death in their heart. However much can be done for the mother and child following ante-natal diagnosis. Great advances in inra-uterine surgery have been made and continue to be made. Following birth much more can be done. Laser surgery can treat unsightly birthmarks, surgery can change the facial appearance of children suffering Down's Syndrome, curvature of the spine (Scoliosis and Hyphosis) can be corrected etc. Special education, support center's, support groups for children and parents etc. At best the ante-natal diagnosis can prepare the parents and families for the birth of the deformed child. There is not doubt a deformed child can bring great hardships upon a family and upon the community at large. But the community is better equipped now in for filling it role in contributing to family life through assistance and understanding. However this is not to say that the deformed child does not contribute to family life and/or happiness. The deformed child leads by a determined example and can raise great joy and affection within the family. Abortion is a violent form of discrimination against the deformed and handicapped, who amongst us would kill our older children who as a result of an accident become deformed or handicapped to relieve the burden on his or her family or on the community at large.
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