Grégor Puppinck, PhD

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The Council of Europe is imposing abortion on Ireland, Poland

Grégor Puppinck, PhD
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WARSAW, December 13, 2012, (C-FAM.org)—In Europe, Ireland is a symbol of resistance against abortion.  Nevertheless, Ireland is on the point of giving in to the concerted pressure of the Council of Europe and the pro-abortion lobbies.

The Irish people have always been firmly opposed to abortion. Since the 1980s, they have rejected the legalization of abortion three times, while affording equal constitutional protection to the life of the unborn child and that of the mother. Abortion is therefore always prohibited, except when doctors consider it necessary to save the life of the mother.

However, the Council of Europe is at the heart of a campaign aiming to impose abortion from the top onto people who refused it from the bottom three times, by referenda in 1983, 1992 and 2002.

It is to be noted that the Council of Europe was created to defend democracy and human rights. The European Court of Human Rights is part of the Council of Europe.  Its role is to ensure the observance, by member states, of human rights and fundamental freedoms enshrined in the European Convention on Human Rights.  States should abide by the judgments decided against them by the Court.  States are free to choose the most appropriate means to put right the violation found by the Court; and they are not required to adopt the various means possibly suggested by the Court in its judgments.  This execution of judgments is placed under the supervision of the Committee of Ministers, namely the ambassadors of the 47 Member States.

On December 16, 2010, in the A., B. and C. v. Ireland case, whereas there is no right to abortion under the Convention, the Court condemned Ireland, considering that its legislation on abortion is not clear, as it did not allow a pregnant woman, who wanted to have an abortion, to know whether she qualified for an abortion according to the exception (to save the life of the mother).  That woman, having previously suffered from cancer, feared that the pregnancy would adversely affect her health.  Thinking that she would not be granted the medical permission for an abortion, she travelled toEnglandwhere she underwent an abortion.

The A., B. and C. v. Ireland and the Tysiac v.Poland of March 20, 2007, (no 5410/03) cases are the landmark abortion cases against Ireland and Poland, respectively. 

In these cases, the women complained about their inability to have an abortion particularly due to the refusal of the doctors. The two cases result from the clash between two approaches on this issue:  one, the women who demand abortion as if it were an individual right and, two, the doctors and the State who submit abortion to objective criteria, especially related to the life and the health of the mother.

In these two cases, the Court tried to favor greatly the expression and the freedom of the women, without directly confronting the State’s right to submit abortion to strict conditions.  To that end, the Court stated that if the State decides to authorize abortion, even exceptionally, it should create a coherent legal framework and a procedure allowing women to establish effectively their “right” to abortion. 

Thus, abortion is not imposed directly on Ireland and Poland, but by the peripheral way of the procedural obligations which guarantee not a substantial right to abortion, but a procedural right of knowing whether one fulfills the right to access to an abortion. 

This procedural approach obliges Ireland only to “clarify” the concrete conditions of access to abortion; in actual practice, however, it goes far beyond that obligation.  This result is achieved while recognizing the absence of a right to abortion under the European Convention on Human Rights, and without its being necessary for the Court to comment on the prohibition in principle of abortion in Irish law.  In order to impose this procedural obligation, it suffices to affirm, starting from an exception from the prohibition on the ground of danger to the life of the mother, that there is a “right” to abortion and that this “right” falls within the scope of the Convention.

In order to execute the judgments as the Court recommends (a recommendation which is not compulsory), Ireland[1] and Poland will institute a decision-making mechanism to which women wishing to have an abortion will address their demands. 

Ireland will probably follow the example of Poland, which in order to carry out the Tysiac v. Poland judgment established a “committee of experts” in charge of deciding on a case by case basis whether the conditions of access to an abortion are fulfilled. This committee will necessarily interpret and change those conditions.  The composition of this committee is decisive and is debated within the Council of Europe: the pro-abortion lobbies[2] would like to reduce the number of doctors on such committees in favour of other professions and categories (lawyers, representatives of NGOs, etc). 

This request was backed by the UN Special Rapporteur for the right to health, who affirms that “a commission composed exclusively of health professionals presents a structural flaw which is detrimental to its impartiality.”[3]  This issue is important, as doctors have a scientific, objective and concrete approach to the causes justifying a possible abortion.  By contrast, lawyers and political organizations view abortion under the abstract angle of individual freedoms. 

What is at stake in the debate on the composition of those committees is the definition of the nature of abortion; on one side it is considered from a concrete and medical point of view and, on the other side, from an abstract point of view and as an individual freedom.  If abortion is a freedom, its exercise inevitably clashes with the doctors’ assessment which is perceived as an illegitimate interference.  This confrontation is stronger when the doctors invoke their freedom of conscience to refuse to carry out an abortion.

Moreover, entrusting a committee with a decision to authorize an abortion makes this decision collective, dissolving the moral and legal responsibility of the decision into the entire committee.

The decisions of this committee should be timely, reasoned and in writing, to be challenged in the court system.  Thus, the final decision to authorize abortion will belong no longer to the doctors or the ‘committee of experts’, but to the judge who will ultimately interpret the criteria for access to abortion.  At present, no procedure has been proposed to challenge in the courts a decision authorizing abortion   In practice, only a decision of refusal can go before the courts. 

Will the unborn child have a lawyer to represent and defend him/her in this committee?  There are no safeguards provided against the abusive interpretation by this committee of the legal conditions for access to abortion.  However, the pressure to allow for the legalization of abortion is very strong, especially from the European and international institutions.[4]

(Click “like” if you want to end abortion! )

Thus, the final interpretative power of the conditions for access to abortion will be transferred to the judicial power and ultimately to the European Court of Human Rights.  With such a mechanism, the European Court would soon be called on to decide on the reasons for decisions of refusal of those committees.  This would be a new opportunity to advance the right to abortion in Ireland.  Ultimately, the control of the framework of abortion is taken away from the legislator and to the doctor. Concerning the legislator, the decision in principle of whether to permit or not to permit abortion will no longer belong to the State and its citizens, because it is sufficient for the European Court to declare that there is actually a ‘right to abortion’ in Ireland, in order to impose this as a new and authentic interpretation of the Irish Constitution.  As to the doctor, his power will be transferred to the judge, guarantor of the respect for human rights.

During its December 6, 2012 meeting, the delegates to the Committee of Ministers invited Ireland to answer the issue of the “general prohibition of abortion in criminal law’, as it constitutes ‘a significant chilling factor for women and doctors because of the risk of criminal conviction and imprisonment’, inviting ‘the Irish authorities to expedite the implementation of the judgment…as soon as possible.”[5]  Further considerations on the execution of this judgment will be resumed at the latest during the next meeting of the Committee of Ministers in March 2013.

Some questions arise:  why such pressure on Ireland and Poland, when they are among the best countries in the world in respect of maternal services, far ahead of France and the United States?[6]

Why transfer to the judge the responsibility of the doctor, when assessing the medical necessity of the abortion is the scientific responsibility of the doctor?  Why is it so urgent to legalize abortion?  Why did the Committee of Ministers of the Council of Europe decide to give ‘precedence’ to these cases, when so many cases concerning torture, disappearances, and murders are treated under the ordinary procedure?  Maybe because abortion profoundly defines the culture of a country – its legalization has the value of a ritual passage into post-modernity, as it allows the domination of individual will over life, subjectivity over objectivity.

This process it is not ineluctable, it depends on the strength of the political will of the Irish and Polish governments which can recall to the Council of Europe that their respective country has never engage to legalize abortion by ratifying the European Convention on Human Rights, simply because abortion is not a human right, but a derogation to the right to life guaranteed by the European Convention on Human Rights.[7]

The European Centre for Law and Justice is an international, Non-Governmental Organization dedicated to the promotion and protection of human rights in Europe and worldwide. The ECLJ holds special Consultative Status before the United Nations/ECOSOC since 2007. The ECLJ engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation. The ECLJ advocates in particular the protection of religious freedoms and the dignity of the person with the European Court of Human Rights and the other mechanisms afforded by the United Nations, the Council of Europe, the European Parliament, the Organization for Security and Cooperation in Europe (OSCE), and others. The ECLJ bases its action on “the spiritual and moral values which are the common heritage of European peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy” (Preamble of the Statute of the Council of Europe).

ENDNOTES:
1. See the Report of the official group of experts instituted by the Irish Government to propose ways of executing the judgment, published in November 2012 et accessible to this address: http://www.dohc.ie/publications/pdf/Judgment_ABC.pdf?direct=1
2. See the communication of the « Centre for reproductive rights » to the Committee of Ministers of the Council of Europe and the answer of the Polish Government DH-DD(2010)610E
3. See the Report onPoland of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, M. Anand Grover, 20 May 2010, Human Rights Council, document n° A/HRC/14/20/Add.3).
4. See the Report of the Human Rights Commissioner on his visit in Ireland (26-30 November 2007), adopted on 30 April 2008 (CommDH(2008)9), the Report of the Committee for the elimination of discrimination against women (CEDAW), of the High Commissioner Office of Human Rights of July 2005 (A/60/38(SUPP), the Periodical Report of the Human Rights Committee on the observance of the UN Covenant on civil and political rights (CCPR/C/IRL/CO/3, 30 July 2008).
5. 1157DH meeting of the Ministers’ Deputies 04 December 2012, Decision concerning the execution of A., B. and C. v. Ireland judgment.
6. Trends in Maternal Mortality: 1990-2010. Estimates Developed by WHO, UNICEF, UNFPA and the World Bank, http://data.worldbank.org/indicator/SH.STA.MMRT (last visited 20th November 2012).
7. The European Centre for Law and Justice submitted a report to the Committee of Ministers on the execution of A. B. and C. v. Ireland DD(2012)917 http://www.coe.int/t/dghl/monitoring/execution/Themes/Add_info/IRL-ai_en.asp

Reprinted from C-FAM.org.



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Princeton Professor Robert George speaks at the Legatus conference. Steve Jalsevac / LifeSiteNews
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Princeton’s Robert George: Are you ready to pay the price? The days of socially acceptable Christianity are over

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ORLANDO, February 4, 2016 (LifeSiteNews) -- “It is no longer easy to be a faithful Christian, a good Catholic, an authentic witness to the truths of the Gospel,” said Princeton Professor Robert George to a large crowd at the Legatus Summit in Orlando, Florida last weekend. Professor George added that people can still safely identify as “Catholic” as long as they don’t believe, or will at least be completely silent about, “what the Church teaches on issues such as marriage and sexual morality and the sanctity of human life.”

He said “the guardians of those norms of cultural orthodoxy that we have come to call ‘political correctness,’” will still grant a comfort to a Catholic ashamed of the Gospel, “or who is willing to act publicly as if he or she were ashamed.”

The Princeton professor, who has been a leader in the fight for life and marriage, reminded his audience of Christ’s words: “If anyone wants to be my disciple, let him take up his cross and follow me.” “We American Catholics, having become comfortable, had forgotten, or ignored, that timeless Gospel truth. There will be no ignoring it now,” he remarked.

Are we “prepared to give public witness to the massively politically incorrect truths of the Gospel, truths that the mandarins of an elite culture shaped by the dogmas of expressive individualism and me-generation liberalism do not wish to hear spoken?” he asked.

For Catholics, and Evangelicals in America, he said, “it is now Good Friday.”  To a rousing standing ovation Professor George concluded:

The memory of Jesus’s triumphal entry into Jerusalem has faded.  Yes, he had been greeted—and not long ago—by throngs of people waving palm branches and shouting ‘Hosanna to the Son of David.’  He rode into the Jerusalem of Europe and the Jerusalem of the Americas and was proclaimed Lord and King.  But all that is now in the past.  Friday has come. The love affair with Jesus and his Gospel and his Church is over.

Fearing to place in jeopardy the wealth we have piled up, the businesses we have built, the professional and social standing we have earned, the security and tranquility we enjoy, the opportunities for worldly advancement we cherish, the connections we have cultivated, the relationships we treasure, will we silently acquiesce to the destruction of innocent human lives or the demolition of marriage? Will we seek to ‘fit in,’ to be accepted, to live comfortably in the new Babylon? If so, our silence will speak.  Its words will be the words of Peter, warming himself by the fire:  ‘Jesus the Nazorean? I tell you, I do not know the man.’

The saving message of the Gospel of Jesus Christ includes, integrally, the teachings of His church on the profound and inherent dignity of the human person and the nature of marriage as a conjugal bond—a one-flesh union….

The question of faith and fidelity that is put to us today is not in the form it was put to Peter—“surely you are you this man’s disciple”—it is, rather, do you stand for the sanctity of human life and the dignity of marriage as the union of husband and wife?  These teachings are not the whole Gospel—Christianity requires much more than their affirmation.  But they are integral to the Gospel—they are not optional or dispensable.  To be an authentic witness to the Gospel is to proclaim these truths among the rest. The Gospel is, as St. John Paul the Great said, a Gospel of Life.  And it is a Gospel of family life, too.  And it is these integral dimensions of the Gospel that powerful cultural forces and currents today demand that we deny or suppress.

One day we will give an account of all we have done and failed to do. …

One thing alone will matter: let me say this with maximum clarity—whether we stood up for the truth, speaking it out loud and in public, bearing the costs of discipleship that are inevitably imposed on faithful witnesses to truth by cultures that turn away from God and his law. Or were we ashamed of the Gospel?

If we deny truths of the Gospel, we really are like Peter, avowing that “I do not know the man.”  If we go silent about them, we really are like the other apostles, fleeing in fear. But when we proclaim the truths of the Gospel, we really do stand at the foot of the cross with Mary the Mother of Jesus and John the disciple whom Jesus loved. We show by our faithfulness that we are not ashamed of the Gospel. We prove that we are truly Jesus’s disciples, willing to take up his cross and follow him—even to Calvary.

But lest we fail the test, as perhaps many will do, let us remember that Easter is coming.  Jesus will vanquish sin and death. We will experience fear, just as the apostles did—that is inevitable. Like Jesus himself in Gethsemane, we would prefer not to drink this cup.  We would much rather be acceptable Christians, comfortable Catholics. But our trust in him, our hope in his resurrection, our faith in the sovereignty of his heavenly Father can conquer fear.  By the grace of Almighty God, Easter is indeed coming. Do not be ashamed of the Gospel.  Never be ashamed of the Gospel.



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Planned Parenthood investigator Daleiden refuses plea deal: ‘What we really want is an apology’

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URGENT: Sign the petition to Harris County urging them to drop the charges against David Daleiden and Sandra Merritt. Click here.

HOUSTON, February 4, 2016 (LifeSiteNews) - This morning, Harris County prosecutor's office offered David Daleiden a plea deal. His legal team, in turn, made a counter-offer.

"The only thing we're going to accept right now is an apology," said Terry Yates, one of four attorneys who flanked Daleiden down the corridors of the courthouse as he visited two court rooms to face felony and misdemeanor charges.

He confirmed an offer had been made but was unlikely to be accepted.

Instead, Yates said that a hearing before Judge Brock Thomas of Texas District 338 had been scheduled for March 28. "At that time, we anticipate filing a couple of motions" asking that all charges be dismissed at once. "We believe the indictments are factually and legally insufficient."

"The old Texas expression 'all hat and no cattle' - that's what we believe these indictments are. There's not much to them," he said.

Peter Breen of the Thomas More Society reiterated that stance during a press conference co-hosted by LifeSiteNews at 11 a.m. local time.

When asked if Daleiden would plead guilty to lesser charges offered by Harris County District Attorney Devon Anderson, Breen replied, "At this point, no."

"What we really want is an apology," Breen said, standing next to fellow counsel Briscoe Cain, Texas attorney for Operation Rescue. "He deserves an apology...He is innocent."

His legal team felt certain he would prevail on the substance of the charges without admitting guilt to any of them.

"The reality is David is a modern day hero," Jared Woodfill, another Daleiden attorney, told LifeSiteNews inside the courthouse. "He has exposed the wrongdoing that has been occurring at abortion clinics all across this country. And the fact that he's here today is a miscarriage of justice."

"He will be vindicated," he said.

The 27-year-old Daleiden appeared unflappable - smiling, well-groomed, wearing a black jacket, blue shirt, and black tie as he spoke briefly with reporters, including LifeSiteNews.

"I'm very grateful for all the support from the public, especially from the people of Houston," he said, some of whom held handmade signs that said "I Stand with Sandra and David" as he presented himself for booking and paid bail this morning.

Attorneys did not disclose the terms of the agreement prosecutors had offered. If convicted, Daleiden and fellow pro-life investigative journalist Sandra Merritt face up to 20 years in prison and a $10,000 fine.

However, the charges could be dismissed at any time. LifeSiteNews delivered the first batch of signatures, more than 106,000, on its petition to the DA's office asking that all charges against Daleiden be dropped at once.

If that fails? "We're ready to go to trial," Woodfill told LifeSiteNews.

URGENT: Sign the petition to Harris County urging them to drop the charges against David Daleiden and Sandra Merritt. Click here.



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First 100K petitions to drop charges against Daleiden delivered: ‘let’s double that’

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LifeSiteNews reporter Lisa Bourne and the Christian Defense Coalition's Patrick Mahoney deliver LifeSiteNews' petition to the Houston DA's office.
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URGENT: Sign the petition to Harris County urging them to drop the charges against David Daleiden and Sandra Merritt. Click here.

HOUSTON, February 4, 2016 (LifeSiteNews) - Pro-life leaders have presented more than 106,000 signatures to the Harris County district attorney's office, demanding that charges be dropped against David Daleiden.

It was the first batch of signatures to be dropped off in LifeSiteNews' ongoing petition. It asks prosecutor Devon Anderson to dismiss the charges facing Daleiden and his fellow investigator Sandra Merritt, which could result in 20 years in prison and a $10,000 fine.

"Houston, we do have a problem," said Rev. Patrick Mahoney of the Christian Defense Coalition at a press conference at 11 a.m. local time.

"We are standing in solidarity and say, 'When you attack David Daleiden and Sandra Merritt, you are attacking us and our community,'" Rev. Mahoney continued. "Do not proceed with these unjust indictments."

Congressman Kevin Brady, a Texas Republican, sent a statement to the gathering saying, "Instead of society persecuting the truth tellers, Planned Parenthood needs to answer for their gruesome practices," as well as apologizing to adoptive families like his own, which the abortion provider has "prevented from being whole."

The local indictment, made by the Houston-area grand jury last Monday, has drawn national coverage as the first skirmish in a war between Planned Parenthood and those who sought to expose their practices.

"In delivering these petitions, I am representing more than 100,000 people who demand that these charges against this 27-year-old man and his fellow investigator be dropped at once," said LifeSiteNews reporter Lisa Bourne.

"The next move is up to the Harris County DA's office," she said, reading a statement prepared by LifeSiteNews. "These petitions prove that the world is watching."

"The indictment is another example of Planned Parenthood's bare-fisted intimidation tactics," she added, similar to campaigns taken against former Kansas Attorney General Phill Kline and the Susan G. Komen Foundation.

Andy Parrish, PR director for LifeSiteNews, who was in Houston with Bourne, said he was honored to tell David of the 106,000 LifeSite petition signers who were standing with him. "These signatures are just the beginning. The coalition standing behind David is growing. We've got 100,000, but let's double that."

David Daleiden addressed the crowd alongside two of his attorneys, Peter Breen and Briscoe Cain, and thanked all those who showed their support for him during his latest legal showdown.

"I just want to say thank you to everyone at LifeSiteNews and everyone who shared the petition, who signed it, and made it possible to deliver that today," Daleiden told LifeSiteNews. "It means a lot to me, and to Sandra, and to the Center for Medical Progress. Thank you for your faithfulness and for standing up for us."

URGENT: Sign the petition to Harris County urging them to drop the charges against David Daleiden and Sandra Merritt. Click here.

He hoped everyone would remain united in demanding justice be done - and, like Cheryl Sullenger of Operation Rescue, hopes that Planned Parenthood Gulf Coast be indicted.

"I firmly believe that if we stay the course, if we stay together, we will bring about a day when there is no longer a price tag on human life," Daleiden said.

During the windy 45-minute-long press conference, speakers at the rostrum defended Daleiden's undercover journalism tactics in the face of sometimes hostile questions from the established press.

"No one can deny that this was the number one investigative journalism story of 2015," Rev. Mahoney said, citing statistics of the story's impact on the mainstream media.

In the new media environment of 2016, someone does not need a degree from Northwestern or Columbia to be a journalist, he said.

"He broke one of the biggest stories of the year," agreed John Hawkins of Right-Wing News, who sent in a written statement to the conference. Pressing charges against him sends a message to conservatives and Christians: "Sit down and shut up, or this just might happen to you."

"If this were a meat-packing plant investigation, there would be no question about his integrity," said Alexandra Snyder, executive director of the Life Legal Defense Foundation. "He would be universally lauded as a hero. I think he's a hero...for getting the truth out."

"In the meantime, we're going to do everything we can do to stand with David," she said, "and see justice prevail."



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