GENITO-URINARY MEDICINE
Expert says abortion debate not just two-sided
January 9, 2013
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A medico-legal expert has criticised the 'two-sided' nature of the current abortion debate in Ireland, stressing that it is a difficult and complex issue.
Simon Mills, who is a barrister and a doctor, told the Oireachtas Health Committee that public discourse on the issue was carried out as if it were simply a two-sided dispute.
There was, he said, an apparent assumption that the only conversation to be had was between pro-abortion/pro-choice on the one hand or anti-abortion/pro-life on the other.
"On this account of matters, it is assumed that 'pro-life' means no more and no less than 'no abortion' and that 'pro-choice' means no more and no less than 'abortion on demand'."
Dr Mills said this was an inaccurate model, and views of abortion issues were far more complex than simple divisions allow.
"I also believe that it is the constant reinvigoration of the model of debate characterised by pro-life versus pro-choice that has continually frustrated attempts to move from rhetoric to resolution on the question of abortion in this jurisdiction."
Dr Mills said he believed that the debate was in fact three-sided: strong pro-life positions; strong pro-choice views and the moderate position, which had adherents from the so-called pro-choice and pro-life sides.
He believed the majority view on abortion in this country comprised an overlap between moderate pro-life and moderate pro-choice views.
"It is that centrist position, that middle ground, which requires to be given clearer expression in both the public space and in political forums."
Jennifer Schweppe, Lecturer in Law at the University of Limerick, told the Committee that where a doctor had conscientious objections to carrying out a termination, legislation should provide that where a doctor for reasons of conscience does not wish to treat or advise a woman, this should be explained to the woman and she should be referred to another doctor.
"Where a woman's life is in immediate danger, the doctor must act in a manner which saves her life."
Ms Schweppe said any new abortion law must require two doctors to have an honestly held and reasonable belief that termination is required due to an underlying medical condition which, as a matter of probability is causing a real and substantial risk to her life.
She said this was preferable to leaving these decisions to hospital ethics committees or to listing medical conditions and circumstances in legislation that would have the effect of justifying a termination where those conditions existed during pregnancy.
"Where the underlying medical condition is suicidal ideation, at least one of the medical practitioners should have a specialty in mental health," Ms Schweppe said.
She said legislation should provide for a process of referral to an independent medical professional or independent medical professionals nominated by the woman or her treating doctor where she disagreed with the initial medical conclusion.
Ms Schweppe said where the life of the woman is at risk due to her pregnancy, no time-limit should be placed on the availability of the termination.
"As a matter of practice, once the pregnancy progresses beyond the stage of viability, every effort should be made to safely deliver the child, unless to do so would place the woman's life at risk."
She said where doctors agreed that as a matter of probability, there was no prospect of the life of the unborn surviving independently outside the womb, termination should be permissible, and legislation should provide for this.
Ms Schweppe said 'value-neutral and constitutionally appropriate' language should be used in the abortion legislaition.
The Oireachtas Health Committee will conclude its hearings on the abortion issue tomorrow.