British High Court
Rejects Pro-Abortionist's Short-Cut Demand
Part Two of Four
By Dave Andrusko
British High Court
Judge Michael Supperstone today rejected a challenge by
Great Britain's leading abortion provider to loosen
protections around the use of the two-drug abortion
technique RU486.
The British
Pregnancy Advisory Service had taken the Department of
Health to court for its refusal to buckle to BPAS's
latest demand which would have increased the danger to
women. The BPAS had argued that the language of
Britain's Abortion 1967 law requiring "treatment" to be
given in a hospital or a clinic should be interpreted to
cover the prescription of the pills, but not the
administration of mifepristone and misoprostol. This
would allow women to self-administer the second set of
pills at home, rather than in a hospital or a clinic
setting.
Health Secretary
Andrew Lansley opposed the move. The chemical abortion
technique is used in the first nine weeks of pregnancy
and, according to published accounts, there are 70,000
such abortions in Britain each year.
Judge Supperstone,
sitting at the High Court in London, agreed with the
Health Department's interpretation that the
administration of both sets of abortion tablets amounted
to "treatment" which must be carried out by a
"registered medical practitioner" on premises approved
under the Abortion Act.
His decision,
rendered Friday but made public today, was hailed by the
Society for the Protection of Unborn Children (SPUC).
"Today's judgment
is a victory for women," said Katherine Hampton, a SPUC
spokeswoman. "If BPAS had won this case, it would send
out the false signal that there is a 'safe' route to
abortion. That could lead to more abortions, and more
dead babies and more suffering for women. It would also
have led to further restrictions on conscientious
objection to abortion by doctors and nurses."
Hampton also noted
the wider significance of the decision internationally.
"Chemical abortions are widely promoted in poorer
countries, and any move to widen the practice here may
adversely affect unborn babies and women around the
world."
Judge Supperstone
ruled that Section 1(3) of the Abortion Act was
"consistent" with the Health Secretary's submissions
about the meaning of the concept of "treatment." He
added, "Further, the section does make clear
Parliament's decision that it is the Secretary of State,
not the medical profession, who has the responsibility
for approval of the place where the treatment may take
place."
Supperstone
concluded that that the effect, "and indeed the very
purpose," of BPAS' legal challenge would be that the
Secretary of State's approval would no longer be needed
to designate approved places.
NRLC Director of
Education Dr. Randall K. O'Bannon has explained in
detail the many shortcuts the abortion industry has
taken, elevating the risks to women (http://www.nrlc.org/News_and_Views/Oct10/nv101410part2.html).
Among the most dangerous are:
* Changing the
respective dosages of mifepristone and misoprostol.
* Promoted
at-home, vaginal self-administration of RU486.
"Generally, this
seems to be one more example of the attempt to try to
decrease the involvement of the clinic and its staff in
the abortion," said Dr. O'Bannon.
"Had BPAS
succeeded, it would not only spare them the agony--and
the trauma--of waiting on and watching the woman abort,
but it would also reduce expenses and dump problems on
the emergency rooms." It would allow abortionists "to
abandon a woman at precisely the time when she faces the
most medically risky and psychologically traumatic part
of her abortion," he added.
But what it would
definitely not do, O'Bannon said, is increase safety.
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Part Three
Part Four
Part One |