Wrongful Life and Abortion Around the World February 1, 2006

Wrongful Life Wrongful pregnancy - “cases where a healthy but unwanted child is born, following negligent contraceptive advice by a doctor or a negligent sterilization or abortion procedure, and the parents claim damages” Wrongful pregnancy - “cases where a healthy but unwanted child is born, following negligent contraceptive advice by a doctor or a negligent sterilization or abortion procedure, and the parents claim damages” Dept. of Health and Human Services Dept. of Health and Human Services Wrongful birth – Case in which parents of an abnormal or disabled child claim damages, usually for negligence in prenatal testing. It’s basically a genetic or prenatal malpractice suit. Wrongful birth – Case in which parents of an abnormal or disabled child claim damages, usually for negligence in prenatal testing. It’s basically a genetic or prenatal malpractice suit. Wrongful life - A similar claim as wrongful birth, only brought to court by the child or on behalf of the child, essentially saying, “my life is not worth living, so pay me.” Wrongful life - A similar claim as wrongful birth, only brought to court by the child or on behalf of the child, essentially saying, “my life is not worth living, so pay me.”

Part of the Problem Highly-charged language Highly-charged language The claims are not worded as pleas for financial assistance for a disabled, but still wanted, child. Rather, the idea that these children should not have been born suggests greed and coldness on the part of the parent. The claims are not worded as pleas for financial assistance for a disabled, but still wanted, child. Rather, the idea that these children should not have been born suggests greed and coldness on the part of the parent.

Australia In 2004, a court in New South Wales ruled against two children who (or whose parents on their behalf) sought damages— the case is being appealed. In 2004, a court in New South Wales ruled against two children who (or whose parents on their behalf) sought damages— the case is being appealed. In one case, the individual is a 24-year old young woman; in the other, she is three. In one case, the individual is a 24-year old young woman; in the other, she is three. Also a suit filed by the parents of a five- year-old boy, on the behalf of the children. Also a suit filed by the parents of a five- year-old boy, on the behalf of the children.

France One ruling stated that the doctor responsible for the lapse in prenatal diagnosis was completely liable for the cost of the child’s special care. One ruling stated that the doctor responsible for the lapse in prenatal diagnosis was completely liable for the cost of the child’s special care. Ob-Gyns went on strike, refused ultrasounds. Ob-Gyns went on strike, refused ultrasounds. In 2001, court rulings set precedents for compensation to parents for disabled children whose mothers were not given an opportunity to abort them, and compensation to children who “have a legal right never to have been born,” i.e. those with Down’s Syndrome. In 2001, court rulings set precedents for compensation to parents for disabled children whose mothers were not given an opportunity to abort them, and compensation to children who “have a legal right never to have been born,” i.e. those with Down’s Syndrome.

France (cont.) In Paris in 2000, studies estimated that 90% of genetic abnormalities were detected via prenatal care, and 92% of the mothers involved chose abortion. In Paris in 2000, studies estimated that 90% of genetic abnormalities were detected via prenatal care, and 92% of the mothers involved chose abortion. the Collective Against Handiphobia the Collective Against Handiphobia January 2002, the legislature passed a bill overturning that decision with respect to wrongful life suits. January 2002, the legislature passed a bill overturning that decision with respect to wrongful life suits.

Now for the international state of abortion…

France Abortion legalized in 1975 Abortion legalized in 1975 National Assembly reaffirmed abortion in 1979 National Assembly reaffirmed abortion in 1979 Ministry of Woman’s Rights successfully secured government funding for abortion costs in 1983 Ministry of Woman’s Rights successfully secured government funding for abortion costs in ans ca suffit – founded in ans ca suffit – founded in 2005 Had 2 nd annual March for Life on January 24, 2006 Had 2 nd annual March for Life on January 24, 2006

United Kingdom Abortion legalized by Parliament with the Abortion Act in 1967 Abortion legalized by Parliament with the Abortion Act in 1967 Reasoning was that it was necessary since so many illegal abortions were being performed Reasoning was that it was necessary since so many illegal abortions were being performed The Society for the Protection of Unborn Children The Society for the Protection of Unborn Children Anti-abortion Anti-abortion Anti-embryonic stem cell Anti-embryonic stem cell Anti-assisted suicide Anti-assisted suicide Anti-in vitro fertilization Anti-in vitro fertilization Pro-abortion lobby wants abortions to be provided to minors without needing parental consent Pro-abortion lobby wants abortions to be provided to minors without needing parental consent

Germany Was legalized in East Germany (the German Democratic Republic) in 1972 Was legalized in East Germany (the German Democratic Republic) in 1972 When the two states reunited, the West German law was used, which made abortion illegal. When the two states reunited, the West German law was used, which made abortion illegal. In June 1995, Germany reaffirmed that abortion is illegal unless it is in cases of rape or woman’s health. In June 1995, Germany reaffirmed that abortion is illegal unless it is in cases of rape or woman’s health. Women who have an abortion in their first trimester will not be prosecuted if they’ve had counseling to try to convince them to carry the pregnancy to term. Women who have an abortion in their first trimester will not be prosecuted if they’ve had counseling to try to convince them to carry the pregnancy to term. Doctors performing abortions will also not be prosecuted. Doctors performing abortions will also not be prosecuted.

Africa The African Protocol for the Rights of Women included a broad right to abortion in its clauses. The African Protocol for the Rights of Women included a broad right to abortion in its clauses. This treaty was written by the UN. This treaty was written by the UN. The delegates did not have the clause containing abortion rights in front of them when they voted on it. The delegates did not have the clause containing abortion rights in front of them when they voted on it. When most advocates for African women are asked, abortion is not a service they desire or need. When most advocates for African women are asked, abortion is not a service they desire or need. Instead they need protection, food, jobs, essential obstetrical services, and equality in their laws and culture. Instead they need protection, food, jobs, essential obstetrical services, and equality in their laws and culture.

Asia In China, the prevalence of sex-selective abortions due to the one-child law has led to the new term, “gendercide.” In China, the prevalence of sex-selective abortions due to the one-child law has led to the new term, “gendercide.” Up to 200 million women missing in Asia, 60 million due to abortion/infanticide. Up to 200 million women missing in Asia, 60 million due to abortion/infanticide. UN Population Fund commended China’s achievements in population control. UN Population Fund commended China’s achievements in population control. Philippines is discussing instituting a 2-child cap. Philippines is discussing instituting a 2-child cap. Amnesty International is considering including a right to abortion in their standard list of human rights Amnesty International is considering including a right to abortion in their standard list of human rights

The Very Special Netherlands

Netherlands Euthanasia legalized in 2001 Euthanasia legalized in 2001 Groningen Protocol would allow doctors to euthanize patients they don’t deem as having free will – newborns with defects (if parents give consent), people in comas, etc Groningen Protocol would allow doctors to euthanize patients they don’t deem as having free will – newborns with defects (if parents give consent), people in comas, etc Justification – they say child euthanasia is already being practiced, about cases a year Justification – they say child euthanasia is already being practiced, about cases a year Schreeuw om Leven (Cry for Life) Schreeuw om Leven (Cry for Life) Not much opposition to the original law or new proposal in Holland Not much opposition to the original law or new proposal in Holland Anti-Abortion, anti-drug abuse, anti-euthanasia, anti- sexuality Anti-Abortion, anti-drug abuse, anti-euthanasia, anti- sexuality

References oliticalscience/ /acprof chapter- 5.html oliticalscience/ /acprof chapter- 5.html oliticalscience/ /acprof chapter- 5.html oliticalscience/ /acprof chapter- 5.html Life Site - Life Site No&Page=/ForeignBureaus/archive/200510/FOR b.html No&Page=/ForeignBureaus/archive/200510/FOR b.html No&Page=/ForeignBureaus/archive/200510/FOR b.html No&Page=/ForeignBureaus/archive/200510/FOR b.html info.org/relaunch/info/facts/facts/questions_en/health/h ealthissues3.html info.org/relaunch/info/facts/facts/questions_en/health/h ealthissues3.html info.org/relaunch/info/facts/facts/questions_en/health/h ealthissues3.html info.org/relaunch/info/facts/facts/questions_en/health/h ealthissues3.html