I know the abortion debate on Gaia tends to center on the situation in the US - quite understandably, given its userbase.
However, recently this move by the Dutch Prosecution has managed to make me severely fear for the future of full availability of abortion. The only account of the story I found in English is found in the first link; the second one is a much more detailed source, but sadly in Dutch.
Babelfish might be useful.
http://www.iht.com/articles/ap/2007/12/06/europe/EU-GEN-Netherlands-Abortion-Arrest.phphttp://www.womenonwaves.nl/Summarizing: a 24-year old woman obtained an abortion in Spain, which under Dutch law was (probably - I'll come back to that) illegal. Elective abortion is legal until 24 weeks gestation, emergency abortions for medical reasons may occur over the entire course of the pregnancy.
In the case of a woman applying for an elective abortion in the later stage of the legal period, the fetal age is determined by the size and weight of the fetus. Given variations in size and development, a 22-week fetus could very well have the size of a 26-week old fetus.
The woman in question maintains that she obtained her abortion at 22 weeks, whereas the prosecution sides with the OB/GYN who saw her and who claims the fetus was a 26-week one.
In Spain, however, abortion laws differ. Elective abortion is an option throughout the pregnancy, but for a third trimester abortion to be legal, psychiatric evaluation is required to prove "mental anguish" of some sort.
Now - for any crime perpetrated abroad to become a punishable offense under Dutch law, the act must be prohibited in both countries.
Arguably, such is not the case here. In Spain, the procedure was perfectly legal. In the Netherlands, it
may have been. Essentially, prosecution is unable to prove it was even a punishable offense in the Netherlands, let alone a
doubly punishable offense, as is required for prosecution here.
I hope you're still with me after that wall of text
wink Two things bother me greatly in this travesty of justice:
- The blatant willingness of the prosecution to twist existing laws to prosecute a woman in a desperate situation (her being Muslim and putting her at risk for revenge from family members should they find out she had sex at all)
- The fact that it was the
woman who was prosecuted, in stead of the doctor performing the procedure. Isn't the
doctor the perpetrator wherever an illegal abortion is performed?
And perhaps thirdly the discomforting ease with which one religiously oriented cabinet succeeds in nibbling at rights we thought were firmly established. It's a reminder to never stop the fight for our rights.
Am I right in fearing for the future of fairness and freedom?
Anyway. Offering you the European perspective, as it were.