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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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Comments

Kenneth Cassar (2 weeks, 1 day ago)
Dear Ruben, my views may be archaic in your books (although if you look up the meaning of the word archaic, you will find that my views are far from archaic).

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.
Jo Said (2 weeks, 3 days ago)
Andrew BC states thus ''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. …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''.

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.



Ruben Farrugia (2 weeks, 4 days ago)

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..


Kenneth Cassar (2 weeks, 6 days ago)
Exactly, Kyle. That's what I meant. We should not speak in terms of life (after all, plants are alive too) but in terms of individuals. Now what makes one an individual? I would say two things that are related: Sentience and consciousness. Of course, it's all a progression, but drawing lines is not so simple, so I would err on the side of caution and say that morally speaking one should avoid abortion, even in the early stages.
Ruben Farrugia (2 weeks, 6 days ago)
Dear Kenneth
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.
Kevin Zammit (2 weeks, 6 days ago)
Reuben,

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.
Kyle Pullicino (2 weeks, 6 days ago)
You must speak in terms of life and individuals.

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.
Kenneth Cassar (2 weeks, 6 days ago)
I know what Mr John Portelli is getting at, but I don't think it adds force to the debate, one way or another. For, consider this: Sperm, which is created in the male's body, is very much alive. Now, we know that with every sexual act (or ejaculation), millions of live sperm are released. This means that since sperm is very much alive, every time a couple has sex (even if to conceive), millions of sperm are "killed". Sould everyone refrain from having sex so that we do not kill millions of sperm for the sake of one conception? I think not.

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.
Andrew Borg-Cardona (2 weeks, 6 days ago)
This is precisely what I was saying: try defining morality within the law and we all start dancing on the heads of pins with the angels. The point is, and I recall Serracino Inglott writing one of his convoluted philosophical tracts on this, that messing around with the Constitution and trying to define "the right to life" is not a simple proposition. And it won't stop a single abortion, either.
Kyle Pullicino (2 weeks, 6 days ago)
To be honest, the proposed amendment to the constitution does not say "In Malta, you can't perform abortions!".

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)?
John Portelli (2 weeks, 6 days ago)
People keep asking the same question of when does life really start?
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.
Steve Caruana (2 weeks, 6 days ago)
Dear Andrew, An observation. When Charles Madison and his collaborators drafted the US constitution they created two milestones for western democracy still very valid today. A system on three legs: the legislature, the judiciary and the executive to create a system that allows "ambition to be countered by ambition" and more relevant to your last contribtribution they created the majoritarian two thirds system to protect the minority from the oppresion of the majority. Introducing prolife legislation into our constitution would turn this fundamental demcratic principle still so very valid today on its head as we would be protecting today's vast majority today who are against abortion from the tiny minority who favour it. Such an act would be undemocratic and its implications for tomorrow's generations and even today's are significant.
Best regards
Steve Caruana
St Julians
Kenneth Cassar (2 weeks, 6 days ago)
Why is it that most religious fundamentalists who would relish going back to the dark ages to be able to stone people to death "for God", are seldom able to write in comprehensible English?
Andrew Borg-Cardona (3 weeks ago)
It's not my argument against abortion that is founded on the bit you're quoting, just my argument against entrenching in the Constitution - if you want to do things by law, you have to have certainty under the law and there's enough uncertainty in this aspect to persuade me that things should be left as they are. Still against abortion, though.
Maria Gauci (3 weeks ago)
Well done Andrew! Always interesting blogs.....
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........
Ruben Farrugia (3 weeks ago)
Kevin, if you want to shut up by voting against or in favour, its up to your choice...but if I shut up or other crusaders...than as it is written...the stones will shout...find out more in the Bible.com
Kevin Zammit (3 weeks ago)
Andrew,

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!

victor pulis (3 weeks ago)
Ok granted ,basic values do not , or rather are not supposed to change according to our way of reasoning. (although I doubt if bravery can be considered a value) let us take divorce. a few years ago the word was anathema in malta, yet today support for divorce is gaining ground even among intellectuals who see it as an inevitable 'solution' to all the broken families. a sort of necessary evil. single parent famlies are a common occurance today and they are even helped from the country's coffers to boot. who can predict that in the future embryos are not considered not fully human? I hope it doesn't come to that but we are thinking with today's logic. To end with a historical anecdote. in ancient Rome gladiatorial fights were considered the peak of entertainment. today they are looked upon as barbaric and savage. values do change, dare I say unfortunately?
Andrew Borg-Cardona (3 weeks, 1 day ago)
Ruben Farrugia, do please stop trying to prove my earlier comment about you. Your motives seem to be good, but you're not serving your cause with your rants.
Ruben Farrugia (3 weeks, 1 day ago)
Values do not change....ok Victor....if in Socrates times (that is the furtherest I can go) Bravery was a value...it is today....if life was a value 2300BCE than it is today....if today there is a culture of death it does not mean that life has lot its value but there is a common attitude to hinder what is really valuable...apart from that there are groups I do not think that all groups support abortion, euthanasia, divorce (main anti-European issues) than we should legislate them in the Constitution why not? if today two thirds agree to write down in the constitution we should that but is there two thirds...is the government committed in this 11th legislature to do that?...will all the people approve...someone like Andrew who say know to abortion but are not ready to stand up and dirty their hands for the cause of life. Is life considered as absolute value today?
victor pulis (3 weeks, 1 day ago)
Entrenchment of anything in the constitution guarantees nothing as this can be changed by a two thirds majority in parliament if I'm not mistaken. and as we all know, values change all the time. who knows what our children's values will be in say twenty years from now? I remember when I was a boy any one wearing a tattoo was looked upon as some kind of delenquent. only sailors and stevadores sported what today is called body art. Today tattoos are worn by the likes of Beckham and no one calls him a delenquent. rather, he is idolized by millions.My point is that entrenching the right to life of the 'unborn child' will offer no long term protection.
Joseph Ellis (3 weeks, 2 days ago)
The proposal to entrench the provisions of the Criminal Code prohibiting abortion in the constitution is one of the daftest proposals ever.

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.




Chris Ripard (3 weeks, 2 days ago)
David, I am genuinely saddened that you no longer consider me your friend - but that's your choice. As far as I'm concerned, feel free to reverse that decision anytime - if I did anything to cause offence, I apologise. You can rest assured of any help I can give should you need it. However, your condemnation of the nutter who left a loaded shotgun in a public recreation area does very little to try to bring hunters towards some semblance of abiding by the law. If its only a "tiny minoirity" who are giving you a bad name, why can't the huge majority bring them into line? I'll tell you why: because the truth is there is no "minority"! This "majority" of law-abiding hunters is a myth -and we've seen this year in, year out. Anyway, its unfair to use ABC's blog to have a cross-discussion (on a totally unrelated topic to boot), so I will not be giving any further input on this subject in this blog - sorry Dott. That's two Borg Cardona's I've apologised to in one evening. It really is time to quit. So I do.
Andrew Borg-Cardona (3 weeks, 2 days ago)
So, David BC, that's the side of the family you're from! My earlier comment stands.
David Borg Cardona (3 weeks, 2 days ago)
Andrew, cut the rhetoric out, I have much more tolerance and humour than you could ever possibly have. Ask the people who know me and you'll get the answer. But for people who treat the hunting issue in the way you treat it, than I'm sorry I have no tolerance whatsoever with irrational arguments as presented by yourself. Just for the record however, even though I very much happily admit that the relationship is distant, the relationship with 'er indoors is a touch bit closer.
Andrew Borg-Cardona (3 weeks, 2 days ago)
I'm glad that David Borg Cardona expressed himself in the way he did, absolving me from any familial loyalty. His sentiments and manner of exposing them are a minor stain on our family name, a family which is noted for its sense of tolerance and humour. Happily, he admits he is only a distant relative.
David BOrg Cardona (3 weeks, 2 days ago)
Chris, lets make it clear, I will always fully condemn leaving a loaded shotgun in a picnic area and for all that matters leaving a loaded and unattended shotgun anywhere is carelessness and irresponsibility at its best so hopefully on that we agree. Thks for pointing out that the relationship is distant and believe me, the further it gets the better. Oh by the way, please don't call me your friend, I might have been one but that was past...
Andrew Borg-Cardona (3 weeks, 3 days ago)
As usual, the strident Pro-Lifers have missed the point and jumped down the throat of someone who does not kow-tow to their supreme wisdom.

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.
Chris Ripard (3 weeks, 3 days ago)
sorry, but nuffink to do with this long-dead horse which we used to insist on flogging and now, we insist on . . . blogging. I just wanted to see what the federation of flying creature eliminators have to say about people who leave loaded shotguns near a picnic area. I'm sure your distant relation and my friend David will jump in with some guff . . . so watch this space!!
Kyle Pullicino (3 weeks, 3 days ago)
Hmm... so... you're against abortion because you think it will harm the society as a whole. Shouldn't the society tell its members this and prevent them from undertaking abortions? I'm not allowed to steal because I'll harm everyone in the society. It's the same with abortion; the society should prevent its members from harming it.

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.
Massimo Costa (3 weeks, 4 days ago)
As usual very well said and very well put by I. M. Beck. You deal with the issue of abortion exactly as it should be dealt with - as a matter of ongoing philosophical, and, in a way, scientific debate. Being pro-life is a matter of personal choice, and doesn't mean that one can pass a fleeting judgement to the effect that abortion should be made illegal, more so, made illegal at Constitutional level. It is beyond me how some Maltese, who apparently have only recently woken up to the subject of abortion, can go outright and say "abortion is wrong - abortion is murder". If things where so simple, abortion wouldn't have caused so much discussion and debate over the past 30 years. Before being so outright at to publicly state, in a slightly daft fashion, that "abortion is MURDER - run to the hills!", some people ought to first do their research, and consider the opinion of thousands who have discussed this complicated issue. Roe vs. Wade anyone?
Ruben Farrugia (3 weeks, 4 days ago)
Dear Andrew,
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!
Joseph Grech-Attard (3 weeks, 4 days ago)
Andrew Ilike your argument "......requires an unequivocal definition of when "life" starts." ........but also when it ends. Abortion is on the world's agenda. When it started it was solely for medical purposes but, since such moral and ethical arguments always pass through a "slippery slope", it is now offerred as a woman's right. Next in line shall surely be euthanasia. Entrenching such issues in our Constitution, in one way or another, for me, are, if not more, as important as majority of seats in parliament and elections, neutrality, etc, especially at a time when both parties in parliament are of the same opinion. This can also make it more unlikely for any other European organisation, like the EU, to even dare include it in a European Consitution, now or later.

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