Abortion ... let’s get rid of those ancient laws
By Dr Dayton Campbell:
 |
| Abortion ... let’s get rid
of those ancient laws |
THE World Health Organization (WHO) estimates that over 22,000 abortions are performed in Jamaica each year.
Complications arising from unsafe abortion are among the top 10 causes
of maternal death in the island, especially among teenagers. Review of
legislation governing abortion has been 30 years in the making. Efforts
by various governments to address these concerns have been halted by
conservative religious groups not sensitive to the reproductive rights
and realities of women, girls, their families and partners.
In Jamaica, Sections 72 and 73 of the Offences Against the Persons Act (1861) reads:
* Criminalise women who chose to terminate a pregnancy, who, if
convicted "shall be liable to be imprisoned for life with or without
hard labour."
* Criminalise medical professionals who facilitate a woman's exercise of
choice to have her pregnancy terminated, and the parents and guardians
who facilitate termination of pregnancies of girls under the age of 18.
If convicted, they "shall be liable to be imprisoned for a term not
exceeding three years with or without hard labour."
Too often we enjoy the comfort of opinion without the discomfort of thought.
Think! Does the illegality of abortion prevent its practice?
Is pregnancy only unwanted because the woman has been sexually reckless?
The answer to these questions is NO. The current law frustrates
THOUSANDS of Jamaican women, the poor especially, who are in desperate
need of abortion services. Nearly half of all pregnancies -- 41 per cent
-- are unplanned (2002 Reproductive Health Survey); only 50 per cent of
pregnancies were planned (2008 Reproductive Health Survey) In 2009,
some 7,612 live births occurred to mothers under the age of 20 - a
decrease from the 7,680 recorded at the end of 2008 (data obtained from
National Family Planning Board - NFPB).
Eighty-one per cent of recent births reported by women aged 15-19 were
unplanned. Nearly all of these unintentional births were mistimed
(occurred earlier than desired) as opposed to unwanted (no children or
no more children desired). The information is also obtained from the
NFPB.
Who is affected?
According to the WHO, "abortions and complications thereof are the
eighth leading cause of maternal deaths in Jamaica, affecting
adolescents primarily". Between March 1 and August 31, 2005, there were
641 patients at Ward 5, which deals exclusively with abortions at the
Victoria Jubilee Hospital.
All patients were from inner city communities, single, and nearly half
were Christians, while a third were teenagers. About 40 per cent
admitted to having had a previous termination of pregnancy and 30 per
cent had two or more previous abortions.
Do Jamaicans support abortion?
YES!!!!!! Many of us support efforts to make services for the
termination of pregnancy legal, safe and affordable. A 2006 public
opinion survey conducted by Hope Enterprise found about "60 per cent of
respondents support the legalisation of termination of pregnancy" under
"special conditions" such as "incest, endangerment of the woman's
physical or mental health and/or life".
From the public health perspective, we need to address these women who
burden the public health system after botched abortion attempts.
Evidence in Italy, the Netherlands, Romania, South Korea, Guyana and
Barbados shows that where abortion is legal, maternal morbidity and
mortality rates fall. Rates may initially seem to rise because of the
previous under-reporting.
For women in the middle and upper income groups, the law can be
circumvented by access to financial resources to pay for private medical
services to procure a safe abortion. The law is restrictive and unjust
to women in the lower income groups who cannot afford private medical
services and therefore resort to the illegal informal market. In both
instances, the quality of the service that the woman receives is
entirely determined by the ethics and integrity of the individual
practitioner. There are no minimum standards and no norms. Legal
provision of abortion by qualified practitioners in both the public and
private health care systems as recommended will ensure that safe
abortions can be accessed by all women thus protecting their lives and
health.
While debates on when life begins and ends may persist along the
continuous range of religious perspectives, the realities surrounding
this public health matter which affects so many women will not disappear
unless addressed based on existing, objective realities. It is a
woman's right to have all the options available to her, to be provided
with information that allows her to make an informed decision, and not
be persecuted for this decision. The State has a responsibility to
ensure that the rights of all its citizens are protected.
The current illegal status of abortion in all circumstances exposes
women to stigma and discrimination when they are faced with this choice.
Women should not be punished for what is a difficult decision about
their body, life and future. It is a misuse of Government power to take
that right from them. Denying women access to medical services that
enable them to regulate their fertility or terminate an unwanted or
dangerous pregnancy amounts to a refusal to provide health care that
only women need. Women are consequently exposed to health risks not
experienced by men. Repealing the prohibitive provisions under the
Offences Against the Persons Act concerning abortion, as recommended by
the Policy Review Group would restore this right to women and prevent
further stigmatization and gender discrimination.
Let us consider cases where:
- Contraception was used but it failed and the woman is not in a
position to go through with the pregnancy and adequately support a
child.
- The pregnancy resulted from rape or an abusive relationship.
- The pregnancy places them at severe mental, emotional and/or physical risk.
- The compromised development and health of the foetus.
To abort or not to abort is an extremely difficult decision for any woman.
There is not only the financial cost to consider, but risk to her mental
and physical health as well. Adequate access to appropriate counselling
services to help her consider all the options, strengthening of sexual
and reproductive education at all levels, and the strengthening of
family planning services, help women make the best choices.
Regrettably, pregnancy is often not a question of choice for women, not
only in cases of rape and incest, but also in the everyday dynamic of
gender relations where many women are subject to domination and/or the
threat of violence from men.
We as a nation need debate this issue and lay the facts bare without
shrouding them in misconceptions, prejudice and religious absolutism. It
is about time such an important issue be dealt with once and for all,
the women of Jamaica deserve no less.
What of the bright young 16-year-old girl in the inner city who is
getting ready to do CSEC examinations and who is the only option to lift
that family out of the abyss of poverty, who is sent for by the "don"
in the community, then abused and subsequently takes the morning after
pill but still ends up missing her period and later diagnosed as
pregnant? Should she be forced to carry that child? Or to seek abortion
on the black market? As a man of faith, I humbly suggest that we allow
common sense to prevail.
Let me make it abundantly clear that I am not proposing abortion as a
means of contraception, nor am I suggesting that mere poverty should be a
reason for it, as I stand as a true example that it is possible to
break the changes of poverty and rise from poverty to prosperity.
Of paramount importance is also the need to revise our adoption laws so
that we can provide this service to those persons who are in need. I
anxiously await a vigorous debate on this matter, as we seek to
establish a new paradigm: to dispel myth and to embrace a true sense of
liberty and prosperity.
Dr Dayton Campbell, a medical doctor and lawyer, is member of parliament
for St Ann North West. His views do not necessarily represent those of
the government.
June 01, 2014
Jamaica Observer