The Roman Catholic hierarchy has formally stated its
position on abortion by declaring definitively that the direct and
intentional killing of the unborn is immoral. Yet, my dog-eared old
Maynooth textbook tells me otherwise.
Abortion is there defined as the expulsion of a
living but non-viable foetus from the womb.
The expulsion is then
further defined as direct abortion, if the means used are such as to
kill the foetus by the very nature of the act; as in craniotomy, for
example.
But it is indirect abortion, if the means used
have as their immediate and direct effect the prior purpose of
protecting the life of the mother; even if it is clearly foreseen that
the act will result in the expulsion of a not yet viable foetus.
Hence the first legal rule: “Indirect abortion is permissible for sufficiently grave reasons.”
Next, taking the example of the induction of
premature labour as a case of indirect abortion, my trusty old textbook
informs me: “if the means used (eg induction of premature labour) have
as their immediate and direct effect the health of the mother, although
it is foreseen that this means the expulsion of the foetus”, then, the
second, more precise legal formulation reads: “The induction of
premature labour and indirect abortion are permissible for sufficiently
grave reasons.”
This legal ruling might have been written
specifically for the tragic Halappanavar case. Especially since no hard
and fast distinction between threats to the health and threats to the
life of the mother is entertained.
Death’s door
Death’s door
Instead, the emphasis is on threats to the health of the mother that may be so gravely serious, that they may be foreseen to threaten her very life.
And the obvious difference this makes to
justifying a medical intervention is this: that the termination does not
have to wait until the woman is at death’s very door, when it may be
too late; as in the case of the gravest and imminent threat of sepsis,
for example, that could be prevented or treated earlier.
It is not just
the right, it is the inalienable duty of our Government to legislate,
and most crucially in matters most critical for life, and death.
No other authority – and certainly not one
that, although it has performed quite credibly in its textbook
legislation for abortion, but has performed so poorly on the ethics of
contraception, and on the moral and legal rules for dealing with an
abusive clergy – can avoid the impression that it is still on a learning
curve in applying its own legislation on abortion; as it pleaded
already when it finally took responsibility for clerical abuse.
Suicidal ideation does of course pose a
particular set of problems for abortion legislation. It is a deadly
force that brutally invades the centre of consciousness and conscience,
and by its name and nature it directly threatens the lives of those it
infects with the dark desire for self-destruction.
So that the invitation to those who want to end
a pregnancy to approach relevant medical experts for a full diagnosis
of their case should open up the more promising possibility for the
suicidal to consider other ways forward, made easier by the assurance
that if the unfortunate woman cannot tame her suicidal ideation so as to
contemplate any other way forward, the abortion may proceed; thereby
offering a possibility of which most of those who suffer from suicidal
ideation never avail.
Cause of relief
Cause of relief
Since the causes of suicidal ideation are so inscrutable for those already dead, and pose a further burden of grief for loved ones, it should be a cause of relief that someone may come forward and tell confidentially what the actual cause of their suicidal ideation is.
It is, of course, impossible to rule out the
prospect of some women abusing the claim to be suicidal in order to be
allowed to abort for other reasons.
But as the relevant principle in
jurisdiction has it: the abuse of a law by some does not take away the
right of others to use that law; and we would have to have a very poor
view of women to paint a picture of exponentially increasing numbers of
them wanting abortions on lifestyle whims.