An 'unworkable, impractical' proposal

The suggestion to have care orders issued for unborn children whose mothers are drug abusers has elicited a number of divergent reactions.

A proposal giving the State a right to issue care orders for unborn children may be based on good intentions but it cannot be implemented, according to the head of government's social welfare services.

Foundation for Social Welfare Services CEO Sina Bugeja said the unborn child could not be issued with a care order but pregnant drug abusers could be issued with a "court-sanctioned treatment order to protect the mother and her child".

On Sunday, Nationalist MP Edwin Vassallo, who heads Parliament's social affairs committee, advocated the introduction of legislation to protect unborn children, "not just from abortion but even from behaviour such as drug abuse".

He went on to suggest the introduction of care orders for unborn children.

Care orders are normally issued by the State to remove children from their natural home in cases of abuse or neglect and if it is deemed beneficial to the child.

"I was reflecting a sentiment expressed to us by professional people at Sedqa, who had told the social affairs committee about the need for treatment orders to be issued on the authority of the minister," Mr Vassallo said when contacted yesterday.

However, Nicole Vella Defremeaux, a family lawyer, deemed the proposal "impractical" while gender equality University lecturer Anna Borg labelled it "extremist".

Dr Vella Defremeaux said: "It is frustrating to know a pregnant woman is taking drugs or smoking cigarettes. However, I seriously doubt whether it is a workable solution. Since the child and mother are inseparable, what the proposal effectively means is that a care order is issued on the mother. By doing so, the State will be imposing on the mother's free will. I fail to see how this can be done unless her actions are made a crime."

For Ms Borg any such law could lead women to stay away from seeking medical attention since it removed from a pregnant woman decisions related to her health.

She added: "This extreme form of protection for the foetus indicates a paternalistic view of women as being a vehicle for procreation. If we are to force treatment on smoking mothers, who will force treatment on smoking fathers? If the aim of the proposal is to protect the unborn then do we remove the father and ban him from being anywhere next to the mother during this pregnancy?"

Mr Vassallo defended the proposal, saying it was intended to treat the unborn child like other children.

"The mother would be put under observation to protect the child. She could be put in an institution or housed with another family," he said.

Care orders were only issued in extreme cases, he added, when asked whether a pregnant woman who smoked was considered to indulge in risky behaviour.

Children's Commissioner Carmen Zammit also cast doubt as to whether a care order could be issued for an unborn child who had no legal status in the eyes of the law.

"What I can envisage is a treatment order that obliges the mother to seek treatment or enter a rehabilitation programme," she said.

On the other hand, Ms Bugeja pointed out that from Sedqa's experience the absolute majority of drug users sought help and tried to behave in a responsible manner when they realised they were pregnant.

"However, there are the few in whose regard it would make sense to have a treatment order issued for their sake and the child's benefit. If they persist in their chaotic life the only way to make sure they receive proper treatment would be to constrain them," she said.

However, Ms Bugeja insisted she was not comfortable with an approach that separated the woman from her unborn child.

"The mother's welfare is of concern to me as much as the child's," she added.

The debate initiated by Mr Vassallo has different facets and Dr Vella Defremeaux raised other concerns on the implications of such a law.

"What happens if somebody is taking drugs underhandedly? Will the State start carrying out drug tests on pregnant women? What about acrimonious separation cases, where the man alleges his wife is on drugs? Will the State get involved here too? This system is open to abuse for too many wrong reasons," she said.

There shouldn't be a law on this issue, Ms Borg insisted, but medical guidelines should be proposed first and foremost by medical experts who considered all medical consequences involved.

The proposal considers the body of the mother as a simple "vessel for incubating children", she added, forgetting that the mother is also a person who "merits respect and needs attention and support rather than condemnation and care orders".

"Pregnancy may be the best time to motivate mothers to change, so rather than care orders that go against the rights of the mother, we should focus on preventive and support services to mother, victims of drugs and to their born and unborn children," Ms Borg said.