Matthew Cullinan Hoffman

European Court upholds Germany’s anti-incest law on pro-family grounds

Matthew Cullinan Hoffman
Matthew Cullinan Hoffman
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April 18, 2012 (LifeSiteNews.com) - The European Court of Human Rights has upheld Germany’s anti-incest laws and has affirmed the sentence of a man sent to prison for fathering children with his sister.

The Court concluded that the human rights of Patrick Stuebing were not violated when he was sent to jail for three years in 2005 for his sexual affair with his allegedly psychologically troubled sister Susan Karolewski, whom he had met as an adult after being adopted in early childhood.

The Court cited several justifications for the law’s existence, including “protection of the family” and “self-determination and public health,” which are “set against the background of a common conviction that incest should be subject to criminal liability.”

In response to Patrick Stuebing’s contention that his “right” to sexual self-determination was being infringed by German law, the European Court opined that Germany had sound reasons for such restrictions. It also rejected his argument that anti-incest laws are akin to Nazism because of their alleged eugenic basis, and noted that such laws exist to protect the integrity of the family.

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“The Federal Constitutional Court considered that sexual relationships between siblings could seriously damage family structures and, as a consequence, society as a whole,” the European Court stated in its ruling. “According to the court, criminal liability was further justified by reference to the protection of sexual self-determination. By addressing specific situations arising from the interdependence and closeness of family relationships, section 173 of the Criminal Code could avoid difficulties in the classification of, and defence against, transgressions of sexual self-determination in that context.”

The Court added that it “considers that the above-mentioned aims…appear not to be unreasonable” and that “Under these circumstances, the Court accepts that the applicant’s criminal conviction corresponded to a pressing social need.”

Steubing and Karolewski had four children together, two of whom are disabled. Only one child, a daughter, remains in the custody of Karolewski. The pair began their relationship when Karolweski was only 16, and Steubing was 23. Karolweski was not prosecuted because the German authorities judged that she had a diminished responsibility due to her psychological condition, which they said created a powerful emotional dependency on Steubing.

Judgment was rendered in the case by a seven-judge panel, representing the Czech Republic, Slovenia, Liechtenstein, Ireland, Ukraine, Germany, and France. The plaintiff has three months to appeal the decision to the same court before it becomes final.

The ruling continues the mixed record of the Court on social issues. It has previously ruled that abortion, and homosexual “marriage” and adoption are not human rights, and has accepted Italy’s practice of displaying crucifixes in public buildings. However, it has also ruled that suicide is a “human right,” and has attempted to force homosexual inheritance rights on Poland and homosexual parades on Moscow. It has also ruled that Ireland’s constitution permits abortion, an idea rejected by the Irish government.


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Michelle Kaufman, New Zealand Correspondent

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Abortion group targets pro-life doctors, nurses with new website: New Zealand

Michelle Kaufman, New Zealand Correspondent
By Michelle Kaufman

Pro-life health practitioners and crisis pregnancy centres in New Zealand are the target of a new website designed to intimidate those who choose not to refer for abortion or prescribe contraception.

The website, My Decision, is created by the Abortion Law Reform Association of New Zealand (ALRANZ). 

The site lists health practitioners and crisis pregnancy centres which they believe women should avoid.  The incomplete list includes the names of individuals or organisations, the region and town, and whether they are a doctor, nurse or other provider. 

Women are asked to submit their stories of “hostile or unhelpful health professionals.”  The stories are non-identifying and can be edited for length or clarity.  At the time of writing only two stories had been posted.

In an earlier blog post, ALRANZ mentioned that the new website, which was still under construction at the time, is “aimed at shining the light on ‘conscientious objectors’… who deny people the reproductive healthcare they want or need.”

Right to Life NZ says they believe the site is “denigrating the good name and reputations of health professionals who believe that abortion is a harmful choice.”

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Under New Zealand law, health practitioners can object to providing reproductive health services according to their conscience.  However, there is one caveat – they “must inform the person who requests the service that he or she can obtain the service from another health practitioner or from a family planning clinic.”

 “Sonscientious objection is a fundamental right and one that must be preserved if we are to continue to live in a free and civil society,” said Chris O’Brien, Vice President of Right to Life NZ. “We risk tyranny if this right is taken away.”

“There are very good doctors that appear on that website” said Dame Colleen Bayer, whose Dunedin Family Life Crisis Pregnancy Centre is also named.  “These doctors speak truthfully and have real care and concern for their patients.  Women do themselves a disservice to discount them based on this information.”

The resource section on the My Decision website links to ALRANZ, Family Planning (an affiliate of International Planned Parenthood Federation and an abortion provider), and the website Abortion Services in New Zealand. 

The Abortion Services website is sponsored by ISTAR Ltd, a registered Charitable Trust which is the sole importer of mifepristone into New Zealand.  ISTAR also provides Manual Vacuum Aspiration equipment for early surgical abortions.

ALRANZ, was instrumental in the writing of the Greens abortion policy, which was unveiled earlier this year.  That policy aims to take abortion out of the Crimes Act making it more accessible.  The policy also targets health professionals who may conscientiously object to ensure they refer patients on to a “neutral practitioner”.

More information about freedom of conscience in healthcare 


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The government is proposing allowing the killing of pre-born babies suspected of being disabled and those conceived through rape or incest.
Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus

Northern Ireland considers allowing killing disabled unborn babies: pro-lifers condemn

Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus
By Thaddeus Baklinski

Northern Ireland’s leading pro-life group, Precious Life, has condemned this week's announcement by Justice Minister David Ford that a consultation on changing the abortion law will be "ready by autumn." The government is considering allowing the killing of pre-born babies suspected of being disabled and those conceived through rape or incest.

“Abortion is a serious criminal offence in Northern Ireland,” said the director of Precious Life, Bernadette Smyth. “The law here protects unborn babies, and David Ford as Minister for Justice must ensure that all children are legally protected."

Last December, Ford revealed he would be undertaking a consultation to consider changes to the law after he heard the stories of two women, who complained that they had not been allowed to abort their babies who had been diagnosed with anencephaly. Instead, they said, they had traveled to Britain for abortions.

Abortion was refused under Northern Ireland’s laws because the diagnosis of anencephaly for the child poses no medical threat to the mother.

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On Monday Ford told the BBC that the Department of Justice would bring forward its consultation paper on changing Northern Ireland's abortion laws by the fall.

However, Smyth warned that “the core ethical principle which must underpin this discussion is that every child deserves the right to life regardless of how short their life may be, and regardless of the circumstances of their conception."

She vowed that Precious Life will launch a public campaign in support of the life of all unborn babies.

“We all feel enormous sympathy for parents in these traumatic and distressing cases," Precious Life stressed in a statement. "But parents in these difficult situations deserve much more than our sympathy – they need a professional support system in place, which will provide them with help, support and resources.

"Precious Life are resolved to work towards a solution that loves and protects both mother and baby. Once again we call on the Health Minister to immediately establish perinatal hospice services for parents who have received a poor or difficult prenatal diagnosis for their baby,” said Smyth.

 

Contact:

Justice Minister David Ford
Department of Justice
Stormont Estate
Belfast, Northern Ireland
BT4 3SG
Phone:(028) 9076 3000
Email: via website (http://www.dojni.gov.uk/contact-us.htm)


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80% of parents who have an unborn child with spina bifida choose abortion. But Chad Judice (pictured with Eli) knows that life is worth it.
Dustin Siggins Dustin Siggins Follow Dustin

Abortion? No way. Dad says son with spina bifida is a ‘gift’ to the family.

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

What is the most pro-life, pro-God influence in your life? According to Catholic author and speaker Chad Judice, his five-year old, disabled son has been a tremendous source of happiness and faith for even the hardest of hearts.

In an op-ed published in The New York Post, Judice writes that when he and his wife found out their unborn son Elijah had spina bifida, they were offered the option of abortion. While they chose life, it didn't stop them from fearing the worst for their careers, eldest child, and Eli.

"That evening...Ashley cried as she read to me from the literature we’d been given," writes Judice. "It said 80 percent of parents who receive a spina bifida diagnosis choose abortion."

"And it told us that our son might have learning disabilities and be paralyzed from the waist down, unable to ever walk."

According to WemMD.com, the two most common forms of spina bifida have few, if any effects, on those who have them. However, the most rare and most aggressive form of the disability can result in significant problems for life:

  • Little or no feeling in their legs, feet, or arms, so they may not be able to move those parts of the body.
  • Bladder or bowel problems, such as leaking urine or having a hard time passing stools.
  • Fluid buildup in the brain (hydrocephalus). Even when it is treated, this may cause seizures, learning problems, or vision problems.
  • A curve in their spine, such as scoliosis.

Eli's form of spina bifida was severe, but -- as it turned out -- manageable, writes Judice. Despite surgeries and "medical challenges," he was out of the hospital within thirty days, though seizures and surgeries would continue to challenge the family. At five-and-a-half, he is entering kindergarten, learning to walk with modern technology, and "his intelligence is at or above average, and he's very talkative."

But perhaps the greatest miracle of all, Judice says, is the effect Eli has had on those who are outside of the family. His story has helped "some pregnant mothers...to reject abortion," and "rekindle the dormant faith of some...drawing them into a life with more room for God and family."

One of those rekindled Christians was a man who, after years in prison, prayed for Eli "as he recited The Lord's Prayer." According to Judice, "it was the first time he’d prayed in 30 years."

Since Eli's birth, Judice has written two books about his son and their family. "Waiting for Eli: A Father's Journey from Fear to Faith" was the first, and has received praise from Father Frank Pavone of Priests for Life. According to Pavone, it is "an inspiring story of faith, hope, love, and the power of prayer."

"The world judges the value of human life by physical perfection, but God sees things differently. To Him, we are perfectly lovable in our imperfection. Uplifting in its reverence for human life in its most fragile stages, WAITING FOR ELI will encourage pro-life activists everywhere, from the most seasoned to the newly initiated."

Also unstinting in praise was the Chair of the Committee for Pro-Life Activities, Archbishop Daniel Cardinal Dinardo, who writes for Judice's website that the book "chronicles [Judice's] spiritual journey from fear of one’s personal limitations to self-abandonment to the divine mercy of God’s providence."

The second book, "Eli's Reach: On the Value of Human Life and the Power of Prayer," received the "Best Book by Small Publisher" award in 2013 by the Catholic Press Association.

"I think of Eli as God’s special gift to my family," Judice wrote in the Post. "And as I share about him, Eli’s story softens hearts and brings people to a greater appreciation of the beauty and sacredness of life."


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