Bells
Staff member
There are three possible standpoints.
1. You believe that the foetus is an individual human being, and you oppose abortion.
2. You believe that the foetus is just a bundle of cells, and abortion is not a problem.
3. You believe that the foetus is a human being, but one which should not survive without the consent of the mother.
The law reflects a communal assessment of which standpoint is just and right.
The current UK law sets the normal limit for abortion at 24 weeks, after which the foetus has legal rights.
It is not a matter of giving it personhood, but giving that foetus legal protection.
That really is the nub of the argument.
Ah yes, foetal rights and foetal legal protection in the UK..
The woman, who cannot be named for legal reasons, is an Italian national who come to Britain in July last year to attend a training course with an airline at Stansted Airport in Essex.
She suffered a panic attack, which her relations believe was due to her failure to take regular medication for an existing bipolar condition.
She called the police, who became concerned for her well-being and took her to a hospital, which she then realised was a psychiatric facility.
She has told her lawyers that when she said she wanted to return to her hotel, she was restrained and sectioned under the Mental Health Act.
Meanwhile, Mid-Essex NHS Trust obtained the court order in August 2012 for the birth “to be enforced by way of caesarean section”, according to legal documents seen by this newspaper.
The woman, who says she was kept in the dark about the proceedings, says that after five weeks in the ward she was forcibly sedated. When she woke up she was told that the child had been delivered by C-section and taken into care.
In February, the mother, who had gone back to Italy, returned to Britain to request the return of her daughter at a hearing at Chelmsford Crown Court.
Her lawyers say that she had since resumed taking her medication, and that the judge formed a favourable opinion of her. But he ruled that the child should be placed for adoption because of the risk that she might suffer a relapse.
Pray tell, where are the mother's rights in all of this?
Where were her rights to not be held in a psychiatric facility without her consent, forcibly sedated and forced to have a c-section without her consent and then to top it off, have her baby taken into care and put up for adoption, again without her consent?
Last summer a pregnant Italian mother flew to England for a two-week Ryanair training course at Stansted. Staying at an airport hotel, she had something of a panic attack when she couldn’t find the passports for her two daughters, who were with her mother back in Italy. She called the police, who arrived at her room when she was on the phone to her mother. The police asked to speak to the grandmother, who explained that her daughter was probably over-excited because she suffered from a “bipolar” condition and hadn’t been taking her medication to calm her down.
The police told the mother that they were taking her to hospital to “make sure that the baby was OK”. On arrival, she was startled to see that it was a psychiatric hospital, and said she wanted to go back to her hotel. She was restrained by orderlies, sectioned under the Mental Health Act and told that she must stay in the hospital.
Five weeks later she was told she could not have breakfast that day. When no explanation was forthcoming, she volubly protested. She was strapped down and forcibly sedated, and when she woke up hours later, found she was in a different hospital and that her baby had been removed by caesarean section while she was unconscious and taken into care by social workers. She was not allowed to see her baby daughter, and later learnt that a High Court judge, Mr Justice Mostyn, had given Mid-Essex NHS Trust permission to arrange for the child to be delivered. Essex social services had obtained a care order as soon as the baby was born the next day. In October, at a hearing before another judge, she was represented by lawyers assigned to her by the local authority and told she would be escorted back to Italy without her baby.
All this was such a shock to the mother that, back in Italy, she resumed taking her medication and embarked on a legal battle for the return of her daughter, which has by now involved lawyers in three countries, all of whom I have spoken to at length to establish the facts of this remarkable story. The High Court in Rome expressed outrage at what had been done to an Italian citizen “habitually resident” in Italy. But the judge there concluded that, since she had not protested at the time, she had accepted that the British courts had jurisdiction – even though she had not known what was to be done to her, was deemed to have no “capacity” to instruct lawyers because she had been sectioned, and had only been represented by solicitors assigned to her by the local authority.
Where were her rights?
Or do the mother's rights cease to exist once her child obtains legal rights and protection?
And it's not just in the UK. In the US..
LOCKED-UP IN MENTAL HOSPITALS
- A woman goes to her nearby hospital voluntarily seeking help for her opiate addiction. Despite the fact that her addiction posed no significant risk to the health of the fetus, she is reported to the state, sheriffs take her into custody and she is sent to a locked psychiatric ward away from her husband and son and where she receives no prenatal care;
- A woman is held in a locked psychiatric facility because she did not obtain a recommended follow-up gestational diabetes test. The facility never administers the test;
- A woman about to be released from a mental hospital because she has been determined to be sane is, nevertheless, kept in the institution through a civil child welfare proceeding in which the state argued that she should remain institutionalized because the state alleged she would not properly care for the fetus still inside of her.
DEPRIVED OF LIBERTY & SUBJECTED TO MEDICAL INTERVENTIONS INCLUDING SURGERY
- A woman wishes to avoid unnecessary surgery if she can. She seeks to deliver vaginally but is denied access to any hospital unless she agrees to give up her right to medical decision-making and schedules cesarean surgery. Her attempt to labor and delivery at home is discovered and she is taken into custody by a sheriff while in active labor, transported against her will to the hospital with her legs strapped together, and forced to have the surgery;
- Despite knowing that forced cesarean surgery could kill her, a court orders a pregnant woman to undergo that surgery – and both she and the baby die;
- A hospital obtains a court order forcing a woman to undergo cesarean surgery. Her opposition is so strong that hospital staff ties her down with leather wrist and ankle cuffs while she screams for help.
So, where are the rights of these women?
How about Martina Greywind?
Martina Greywind, a twenty-eight-year-old homeless Native American woman from Fargo, North Dakota, was arrested when she was approximately twelve weeks pregnant. She was charged with reckless endangerment, based on the claim that by inhaling paint fumes she was creating a
substantial risk of serious bodily injury or death to her unborn child. After spending approximately two weeks in the Cass County Jail, Greywind was able to obtain release for a medical appointment. At that appointment Greywind obtained an abortion, despite widely publicized efforts by abortion opponents to persuade her to carry the pregnancy to term. Following the abortion, Greywind filed a motion to dismiss the charges. The state agreed to a dismissal: “Defendant has made it known to the State that she has terminated her pregnancy. Consequently, the controversial legal issues
presented are no longer ripe for litigation.”14
According to news reports, the prosecutor in the case stated that since Greywind had had an abortion, it was “no longer worth the time or expense to prosecute her” (Orlando Sentinel 1992).15
Where were her rights when she was imprisoned and felt compelled to get an abortion because it was clearly the only way she would get out of prison? Where are her rights?
And Alicia Beltran?
Alicia Beltran cried with fear and disbelief when county sheriffs surrounded her home on July 18 and took her in handcuffs to a holding cell.
She was 14 weeks pregnant and thought she had done the right thing when, at a prenatal checkup, she described a pill addiction the previous year and said she had ended it on her own — something later verified by a urine test. But now an apparently skeptical doctor and a social worker accused her of endangering her unborn child because she had refused to accept their order to start on an anti-addiction drug.
Ms. Beltran, 28, was taken in shackles before a family court commissioner who, she says, brushed aside her pleas for a lawyer. To her astonishment, the court had already appointed a legal guardian for the fetus.
“I didn’t know unborn children had lawyers,” recalled Ms. Beltran, now six months pregnant, after returning to her home north of Milwaukee from a court-ordered 78-day stay at a drug treatment center. “I said, ‘Where’s my lawyer?' ”
Under a Wisconsin law known as the “cocaine mom” act when it was adopted in 1998, child-welfare authorities can forcibly confine a pregnant woman who uses illegal drugs or alcohol “to a severe degree,” and who refuses to accept treatment.
Rights of the child...
So please, spare me the rights of the child arguments. There are hundreds of cases where women are denied their basic and fundamental human rights based on the State's belief of 'rights of the child'.