
Thursday, 17th April 2008
Here we go again
I've written it before and, for the record, I'll write it again: I am against abortion.
That having been said, in one line and clearly, I do wish the Right to Life people or whatever they're called would shut up about entrenching the rights of the unborn child (an oxymoronic statement if ever there was one) in the Constitution.
To start with, even my untutored eye can see that there is significant debate about when you cease being oxymoronic in referring to a fertilized egg as an unborn child. A child is born, so before he or she is born, he or she is not a child.
I'm not about to enter into the philosophical debate, as I am singularly unqualified to do so, but I would just point out that people with larger brains than mine have danced on this particular pin-head for long enough to show that the debate is relevant.
Certainty under the law, when you're talking about a fundamental right entrenched in the Constitution, requires an unequivocal definition of when "life" starts. If you can't have one, you can't have the other, however many peculiar statues are erected and plastic objects distributed.
And then there's the question of redundancy. The right to life is already entrenched in the Constitution, although you could probably argue that saying that human beings have the right to "be" is a statement of the bleedin' obvious of cosmic proportions. Abortion is already a criminal act, as defined in the relevant sections of the Criminal Code. Religions of most stripes classify abortion as a sin, whatever the words they use are (comparative "-ologies" was never a subject that interested me) and if you put all this together, you can't help but come to the conclusion that the sanctions, moral and legal, against abortion are already pretty tough.
As in the divorce debate, in which I am firmly in the "yes, let's have it camp", the fact that something is legal doesn't mean it's mandatory - if you think divorce is wrong, no-one's forcing you to get one. Before anyone rushes in to say that divorce is between consenting adults while abortion is performed on an unconsenting being,
I acknowledge that and point to my first line. Against my point that the Constitution doesn't need monkeying around with in this regard, Pro-lifers will argue that the fact that people still procure abortions is proof that more anti-abortion legislation is needed and, anyway, we need to guard against the possibility that abortion will be legalised in Malta. With all due respect, this is clap-trap.
People will still procure abortions, whether or not the Constitution is tampered with to include a platitude and whether or not it is legalised. Women still abort, younger women are still made to abort. This, incidentally, is why I talk about "people" procuring abortions, not just women - and I'd rather not get into the question of the rights of women over their bodies, since strident arguments in this context always make me edgy. Fine, women have rights, but so do babies. Getting back to the clap-trap, entrenching anti-abortion legislation is just that.
Does anyone seriously believe that in the foreseeable future, leaving aside vote-grubbing comments from politicians seeking to get a promise of nomination from every corner of the land, the current level of legal prohibition of abortion is going to be diminished?
The big bad EU is the only international institution that can try, with the emphasis on try, to legislate for us, the Council of Europe being more hot air than anything else, and, come on, is this really going to happen? If it does, even I'd consider sticking two fingers up at them and promoting the idea that in matters of national morality, for lack of a better phrase, the members have autonomy, but the question is hardly likely to arise. There's a liberal part of me, too, which believes that consideration should be given to de-criminalising abortion.
I'm not a student of the Bible, by any stretch of the imagination, but I rather like the admonition attributed to Jesus about not rushing to judgment and refraining from chucking rocks. Put differently, "there but for the grace of God" is a phrase with which many people who just love to haul themselves up to the moral high ground would do well to preface their thoughts, consequently modifying their judicious pronouncements. Why don't the Pro-lifers, or the Pro-entrenchers, dedicate their considerable resources in making pains of themselves to promoting the idea that taking foetuses to term is not the end of the world?
Badgering politicians, and the rest of us, with strident demands to do something that is simply not needed will very likely not stop many abortions.




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That said, will stones shout now (by which I suppose you meant that you would stone to death people who disagree with you)? Speak of archaic views!
You really must be careful about what you write.
For us, simple mortals, the Bible is a not there to study, but to either have faith in Jesus - thus His Words - or simply not have faith in Him. It is everyone's free choice. Why does this bloggist judge whenever it suits him and then offers advice for the morally faithful to preface their thoughts!! Does he say rock chucking? To sit on the fence is the worst position one can take.
The Bible is there to inspire you if you have faith in Jesus. Give to Caesar what is Caesar’s and to God what is God's. Christians do not haul themselves up to moral high ground. They are humble enough to search inwards, not outwards, for the truth. Hence I contend that Caesar’s contentious proclamations only serve those who do not believe in Christ’s teachings. No legislation would impress or influence the faithful. That is why I agree with ABC on divorce (abortion is something else). Who am I, or indeed the PM, to force my belief down anybody else’s throat? That, in itself, is definitely not Christian at all.
ok Andrew it seems that the discourse is reaching an end
So who is claiming that an unborn baby is not human is totally wrong
since the baby born prematurely is a human too..
If you are referring to my lack of English, it does not matter as long as my view still instigates in you a purpose to write such an archaic view to give names to people you do not agree with.
I think it may be simpler for you to just use Maltese straight away.
In reply to your comment I can only say ... I rest my case.
Otherwise for those who do understand their own opinion, mine pretty much agrees with what is being said. That is that trying to decide on where life begins is ridiculous subjective and misses the point. The constitutional issue on abortion should just stick to the value principle of life that the society represented by said constitution desires to project.
Due to the genetic composition of sperm, it is part of the human being that produced it. Due to the genetic composition of a fertilized ovum, it is actually a new human being at the moment of conception. This is a proven scientific fact which no one can negate.
It is true, that, like Mr Portelli says, life does not begin at conception, but actually before. However, speaking simply in terms of "life" can bring one to absurd conclusions.
It simply gives all people the right to life "from conception". Since the constitution is meant to be a "list" of fundamental rights I think the proposed amendment would be making the rights more accurate leaving less space for misinterpretation.
Isn't it true that all people have the right to life from conception? Or are we going to judge people on whether they're born or not (same as racism where people are judged depending on their skin colour)?
I ask them a simple question...
If you get an egg, and in some way sterilize it, (in simple terms kill it). Then try to fertilize it... will an embryo develop.
I am quite sure you all know the answer
That answers the question of when life starts.
YOU DO NOT HAVE LIFE FROM SOMETHING DEAD.
If the human race can create life from matter than it will be a different story, but until then, we have no right to destroy life, call it what ever you want, or simply an embryo.
Life DOES NOT START, but it CONTINUES.
Best regards
Steve Caruana
St Julians
I, like you, am against abortion.
I just wanted to ask you a question: what is your argument against abortion founded upon since you do not believe a human being exists before birth - "A child is born, so before he or she is born, he or she is not a child."? Am I correct in saying that in your argument it follws that since there is no human being there is no killing?
I stand to be corrected........
Well said. I'm assuming your argument against abortion is in the same category as the death penalty i.e. that it is a slippery slope for a society creating a view that life is cheap.
I just can't dig these people that go on a fanatical crusade against abortion ... they just make me want to vote in favour just to shut them up!
In the first place, the current provisions are no big deal. If Malta were that intent on stamping out abortion, why is abortion punishable with only up to 3 years imprisonment when one can be imprisoned for 4 years for INVOLUNTARY homicide. To spell this out as clear as possible, if one is drunk and involuntarily hits a pedestrian and kills him, he may end up for 4 years at Kordin but if one procures an abortion, the maximum time is 3 years.
Secondly, if a cultural norm takes root in Malta, such as female abortion as practised in India, why should the legislator be precluded from increasing the prison term for such a crime ? Constitutional entrenchment would render any changes to the Criminal Code much more difficult.
In the third place, if life starts at conception, why should abortion be punished differently from homicide ? To extrapolate the argument put forward by the Gift of Life "people" and their ilk to its logical conclusion, the crime of abortion should not be treated differently from that of voluntary homicide. Thus, it is not comprehensible why homicide is punishable with life imprisonment whereas abortion is only punishable with three years imprisonment.
In the final analysis, in spite of the Criminal Code provisions prohibiting abortion, we have it on no less august authority than that of the Deputy Minister and at that time Minister of Justice that it is practised in the state hospital in instances of ectopic pregnancies. As the law is currently framed, even in such a case, abortion is still illegal. Under the rule of law, the instances when abortion is practised should be spelled out in the law and not left to an arcane administrative practice. Who can vouch that this illegal administrative practice has never been abused ?
At the end of the day, entrenchment would not preclude a decision by the European Court of Human Rights which strikes down the Criminal Code provisions. It is pertinent to recall that abortion has been introduced in the US by virtue of a judicial decision and even though the composition of the US Supreme Court is now much more conservative than in 1973, Roe vs Wade has not yet been overturned and it is hardly likely to be.
Let me put it in simple words: I AM NOT IN FAVOUR OF ABORTION.
Is that clear? Read it again: I AM NOT IN FAVOUR OF ABORTION.
But, and this is presumably what confused you, because you can't accept that anyone can have a different opinion to yours, I DO NOT THINK THE CONSTITUTION NEEDS CHANGING.
What is so difficult about that?
Try to read it again: I AM NOT IN FAVOUR OF ABORTION BUT I DO NOT THINK THE CONSTITUTION NEEDS CHANGING.
So, Ruben Farrugia, before calling me a moron, try to avoid being classified as one yourself by trying to understand what I'm saying.
Entrenching (a word, which to be honest, I don't like) it in the Constitution should be an invitation to all those women who need help with an unexpected pregnancy to seek it out (help is highly available in Malta).
Finally, we're losing the right to life so don't order people to "shut up"; we don't want to lose the right to speak now too.
With reference to quote:
"To start with, even my untutored eye can see that there is significant debate about when you cease being oxymoronic in referring to a fertilized egg as an unborn child. A child is born, so before he or she is born, he or she is not a child. "
Pls continue doing your journalistic work, since you are not up to define a child.
I am sorry but you are completely wrong on this issue!
Do not be a moron on humanity! A man, adult, boy, child, baby, embryo, morola are all human. full stop. Do not try to distinguish! this is no meat! But Human baings....I wonder what you will have done being in a foetus state and hear about what you are blogging?!!
Andrew I admire you so stick to your news discussion do not enter in Anthropological, Bioethical issues!