Wrongful Life and Abortion Wrongful Life and Abortion Around the WorldAround the World

February 1, 2006February 1, 2006

Wrongful LifeWrongful Life Wrongful pregnancy - “cases where a healthy but Wrongful pregnancy - “cases where a healthy but

unwanted child is born, following negligent unwanted child is born, following negligent contraceptive advice by a doctor or a negligent contraceptive advice by a doctor or a negligent sterilization or abortion procedure, and the parents sterilization or abortion procedure, and the parents claim damages”claim damages” Dept. of Health and Human ServicesDept. of Health and Human Services

Wrongful birth – Case in which parents of an Wrongful birth – Case in which parents of an abnormal or disabled child claim damages, usually abnormal or disabled child claim damages, usually for negligence in prenatal testing. It’s basically a for negligence in prenatal testing. It’s basically a genetic or prenatal malpractice suit.genetic or prenatal malpractice suit.

Wrongful life - A similar claim as wrongful birth, Wrongful life - A similar claim as wrongful birth, only brought to court by the child or on behalf of only brought to court by the child or on behalf of the child, essentially saying, “my life is not worth the child, essentially saying, “my life is not worth living, so pay me.”living, so pay me.”

Part of the ProblemPart of the Problem

Highly-charged languageHighly-charged language The claims are not worded as pleas for The claims are not worded as pleas for

financial assistance for a disabled, but financial assistance for a disabled, but still wanted, child. Rather, the idea that still wanted, child. Rather, the idea that these children should not have been these children should not have been born suggests greed and coldness on born suggests greed and coldness on the part of the parent.the part of the parent.

AustraliaAustralia

In 2004, a court in New South Wales In 2004, a court in New South Wales ruled against two children who (or ruled against two children who (or whose parents on their behalf) sought whose parents on their behalf) sought damages—the case is being appealed.damages—the case is being appealed. In one case, the individual is a 24-year old In one case, the individual is a 24-year old

young woman; in the other, she is three.young woman; in the other, she is three. Also a suit filed by the parents of a Also a suit filed by the parents of a

five-year-old boy, on the behalf of the five-year-old boy, on the behalf of the children.children.

FranceFrance

One ruling stated that the doctor responsible One ruling stated that the doctor responsible for the lapse in prenatal diagnosis was for the lapse in prenatal diagnosis was completely liable for the cost of the child’s completely liable for the cost of the child’s special care.special care.

Ob-Gyns went on strike, refused ultrasounds.Ob-Gyns went on strike, refused ultrasounds. In 2001, court rulings set precedents for In 2001, court rulings set precedents for

compensation to parents for disabled children compensation to parents for disabled children whose mothers were not given an opportunity whose mothers were not given an opportunity to abort them, and compensation to children to abort them, and compensation to children who “have a legal right never to have been who “have a legal right never to have been born,” i.e. those with Down’s Syndrome.born,” i.e. those with Down’s Syndrome.

France (cont.)France (cont.)

In Paris in 2000, studies estimated In Paris in 2000, studies estimated that 90% of genetic abnormalities that 90% of genetic abnormalities were detected via prenatal care, and were detected via prenatal care, and 92% of the mothers involved chose 92% of the mothers involved chose abortion.abortion.

the Collective Against Handiphobiathe Collective Against Handiphobia January 2002, the legislature passed January 2002, the legislature passed

a bill overturning that decision with a bill overturning that decision with respect to wrongful life suits. respect to wrongful life suits.

Now for the international Now for the international state of abortion…state of abortion…

FranceFrance

Abortion legalized in 1975Abortion legalized in 1975 National Assembly reaffirmed National Assembly reaffirmed

abortion in 1979abortion in 1979 Ministry of Woman’s Rights Ministry of Woman’s Rights

successfully secured government successfully secured government funding for abortion costs in 1983funding for abortion costs in 1983

30 ans ca suffit – founded in 200530 ans ca suffit – founded in 2005 Had 2Had 2ndnd annual March for Life on annual March for Life on

January 24, 2006January 24, 2006

United KingdomUnited Kingdom Abortion legalized by Parliament with the Abortion legalized by Parliament with the

Abortion Act in 1967Abortion Act in 1967 Reasoning was that it was necessary since so many Reasoning was that it was necessary since so many

illegal abortions were being performedillegal abortions were being performed The Society for the Protection of Unborn ChildrenThe Society for the Protection of Unborn Children

Anti-abortionAnti-abortion Anti-embryonic stem cellAnti-embryonic stem cell Anti-assisted suicideAnti-assisted suicide Anti-in vitro fertilizationAnti-in vitro fertilization

Pro-abortion lobby wants abortions to be Pro-abortion lobby wants abortions to be provided to minors without needing parental provided to minors without needing parental consentconsent

GermanyGermany Was legalized in East Germany (the German Was legalized in East Germany (the German

Democratic Republic) in 1972Democratic Republic) in 1972 When the two states reunited, the West When the two states reunited, the West

German law was used, which made abortion German law was used, which made abortion illegal.illegal.

In June 1995, Germany reaffirmed that abortion In June 1995, Germany reaffirmed that abortion is illegal unless it is in cases of rape or is illegal unless it is in cases of rape or woman’s health.woman’s health. Women who have an abortion in their first trimester Women who have an abortion in their first trimester

will not be prosecuted if they’ve had counseling to will not be prosecuted if they’ve had counseling to try to convince them to carry the pregnancy to term.try to convince them to carry the pregnancy to term.

Doctors performing abortions will also not be Doctors performing abortions will also not be prosecuted.prosecuted.

AfricaAfrica The African Protocol for the Rights of The African Protocol for the Rights of

Women included a broad right to abortion Women included a broad right to abortion in its clauses.in its clauses.

This treaty was written by the UN.This treaty was written by the UN. The delegates did not have the clause The delegates did not have the clause

containing abortion rights in front of them containing abortion rights in front of them when they voted on it.when they voted on it.

When most advocates for African women When most advocates for African women are asked, abortion is not a service they are asked, abortion is not a service they desire or need. desire or need. Instead they need protection, food, jobs, Instead they need protection, food, jobs,

essential obstetrical services, and equality in essential obstetrical services, and equality in their laws and culture.their laws and culture.

AsiaAsia In China, the prevalence of sex-selective In China, the prevalence of sex-selective

abortions due to the one-child law has led to abortions due to the one-child law has led to the new term, “gendercide.”the new term, “gendercide.”

Up to 200 million women missing in Asia, 60 Up to 200 million women missing in Asia, 60 million due to abortion/infanticide.million due to abortion/infanticide.

UN Population Fund commended China’s UN Population Fund commended China’s achievements in population control.achievements in population control.

Philippines is discussing instituting a 2-child Philippines is discussing instituting a 2-child cap.cap.

Amnesty International is considering including Amnesty International is considering including a right to abortion in their standard list of a right to abortion in their standard list of human rightshuman rights

The Very Special The Very Special NetherlandsNetherlands

NetherlandsNetherlands Euthanasia legalized in 2001Euthanasia legalized in 2001 Groningen Protocol would allow doctors to Groningen Protocol would allow doctors to

euthanize patients they don’t deem as euthanize patients they don’t deem as having free will – newborns with defects (if having free will – newborns with defects (if parents give consent), people in comas, etcparents give consent), people in comas, etc Justification – they say child euthanasia is already Justification – they say child euthanasia is already

being practiced, about 10-15 cases a yearbeing practiced, about 10-15 cases a year Schreeuw om Leven (Cry for Life)Schreeuw om Leven (Cry for Life)

Not much opposition to the original law or new Not much opposition to the original law or new proposal in Hollandproposal in Holland

Anti-Abortion, anti-drug abuse, anti-euthanasia, Anti-Abortion, anti-drug abuse, anti-euthanasia, anti-sexualityanti-sexuality

ReferencesReferences http://www.spuc.org/ukhttp://www.spuc.org/uk http://www.oxfordscholarship.com/oso/public/conthttp://www.oxfordscholarship.com/oso/public/cont

ent/politicalscience/0199242666/acprof-0199242ent/politicalscience/0199242666/acprof-0199242666-chapter-5.html666-chapter-5.html

Life Site Life Site -http://www.lifesite.net/ldn/2006/jan/06012407.ht-http://www.lifesite.net/ldn/2006/jan/06012407.htmlml

http://www.cnsnews.com/ViewForeignBureaus.asphttp://www.cnsnews.com/ViewForeignBureaus.asp?Try=No&Page=/ForeignBureaus/archive/200510/?Try=No&Page=/ForeignBureaus/archive/200510/FOR20051005b.htmlFOR20051005b.html

http://www.germany-info.org/relaunch/info/facts/fhttp://www.germany-info.org/relaunch/info/facts/facts/questions_en/health/healthissues3.htmlacts/questions_en/health/healthissues3.html

http://www.unescap.org/esid/psis/population/http://www.unescap.org/esid/psis/population/index.aspindex.asp