Grégor Puppinck, PhD

News

The Council of Europe is imposing abortion on Ireland, Poland

Grégor Puppinck, PhD
Image

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.



Share this article

Advertisement
Featured Image
Jonathon van Maren Jonathon van Maren Follow Jonathon

Blogs,

Please, enough with the cult of pop stars. Our kids need real heroes.

Jonathon van Maren Jonathon van Maren Follow Jonathon

April 29, 2016 (LifeSiteNews) – Two things happen each time a significant pop culture figure dies: Christians attempt to dredge up some moderately conservative or traditional thing that figure said at some point during his long career, and mainstream media attempts to convince a society thoroughly bored with such things that the person in question was a ground-breaking radical. The two most recent examples are the androgynous David Bowie—a cringe-worthy and possibly blasphemous video of him dropping to his knees during a rock performance and uttering the Lord’s Prayer circulated just following his death--and the pop star Prince.

I’ve had to suppress my gag reflexes many times as I saw my Facebook newsfeed fill up with memes sporting quotes from Prince about his faith and articles announcing that the musician who “embraced gender fluidity before his time,” according to Slate and “will always be a gay icon” according to The Atlantic, was against gay marriage. Sure, maybe he was. But only a Christian community so shell-shocked by the rapid spread of the rainbow blitzkrieg and the catastrophic erosion of religious liberty would find this remarkable. After all, Barack Obama and Hillary Clinton said the same thing barely one election cycle ago. As one obituary celebrating Prince’s paradigm-smashing sexual performances written by Dodai Stewart put it:

Dig, if you will, a picture: The year is 1980. Many states still have sodomy laws. The radio is playing feel-good ear candy like Captain and Tennille and KC and the Sunshine Band. TV hits include the sunny, toothy blond shows Three’s Company and Happy Days. There’s no real word for “gender non-conforming.” But here’s what you see: A man. Clearly a man. Hairy, mostly naked body…a satiny bikini bottom. But those eyes. Rimmed in black, like a fantasy belly dancer. The full, pouty lips of a pin-up girl. Long hair. A tiny, svelte thing. Ethnically ambiguous, radiating lust. What is this? A man. Clearly a man. No. Not just a man. A Prince.

Right. So let’s not get too carried away, shall we? I know Christians are desperate to justify their addictions to the pop culture trash that did so much to sweep away Christian values in the first place and I know that latching on to the occasional stray conservative belief that may manifest itself in pop culture figures makes many feel as if perhaps we are not so weird and countercultural, but this bad habit we have of claiming these figures upon their passing is downright damaging.

After all, parents should be teaching their children about real heroes, titans of the faith who changed the world. Heroes of the early church who stood down tyrants, halted gladiatorial combat, and crusaded against injustice in a world where death was all the rage. These men and women were real rebels who stood for real values. If we want to point our children to people they should emulate, we should be handing them books like Seven Men: And the Secret of Their Greatness by the brilliant writer Eric Metaxas rather than the pop albums Purple Rain or Lovesexy by Prince. If parents spend their time glorifying the predecessors of Lady Gaga and Miley Cyrus instead of highlighting heroes like William Wilberforce, they can hardly be surprised when their children choose to emulate the former rather than the latter.

The mainstream media’s adulation of these pop stars is equally irritating. The unspoken truth of these obituaries is that the flamboyant antics of Prince and the rest of the so-called rebellious drag queens populating the rock n’ roll scene have been mainstream for a long time already. Want to see dozens of bizarre body piercings? Weird hairdos? Purple mohawks? Dudes with nail polish? Strange tattoos? Easy. Just go onto any university campus, or any public high school without a dress code. With headphones wedged firmly in their ear canals, they can pump the cleverly commercialized “counterculture” straight into their skulls 24 hours a day, 7 days a week.

More than that, some of these courageous rebels have actually sued their employers to ensure that they can let their establishment-smashing freak flag fly at work, too. An Edmonton woman with 22 visible body piercings complained that her employer was unfair because apparently she was being discriminated against “based on body modifications.” Yeah! The Man must be told, after all. And if he doesn’t agree, we will lawyer up. I wonder what the shrieking rebels of the early days would think about the snivelling children of the current grievance culture.

So these days, the media’s eulogizing about aging culture warriors who went mainstream a long time ago rings a bit hollow. After all, most rock n’ roll stars these days look tame compared to what shows up in the children’s section at Pride Week. Freaky is normal now. Normal is radical. Welcome to 2016.

When Christians are posting nostalgic tributes to the rebels who helped inoculate their children against the radical views of Christianity in the first place, you know that the victories of the counterculture are complete and Stockholm syndrome has set in.



Share this article

Advertisement
Featured Image
Paul McKinnon / Shutterstock.com
Claire Chretien Claire Chretien

News,

Target boycott climbs to over 1 million

Claire Chretien Claire Chretien

April 29, 2016 (LifeSiteNews) – Over 1 million people have signed a pledge to boycott Target over its new policy allowing men to access women’s bathrooms. 

The American Family Association’s Boycott Target petition gained traction immediately, reaching the one million mark in only nine days.

“Corporate America must stop bullying people who disagree with the radical left agenda to remake society into their progressive image,” said AFA President Tim Wildmon. “#BoycottTarget has resonated with Americans.  Target’s harmful policy poses a danger to women and children; nearly everyone has a mother, wife, daughter or friend who is put in jeopardy by this policy.  Predators and voyeurs would take advantage of the policy to prey on those who are vulnerable.  And it’s clear now that over one million customers agree.”

Target defended its policy in a statement saying that it believes everyone “deserves to be protected from discrimination, and treated equally” and earlier this week, a Target spokeswoman defended the policy as “inclusive.” 

The AFA said that unisex bathrooms are a common-sense alternative to allowing men unfettered access to women’s bathrooms.

“Target should keep separate facilities for men and women, but for the trans community and for those who simply like using the bathroom alone, a single occupancy unisex option should be provided,” the petition says. 

The AFA warned that Target’s new policy benefits sexual predators and poses a danger to women and children. 

“With Target publicly boasting that men can enter women's bathrooms, where do you think predators are going to go?” the petition asked. 

There have been numerous instances of predatory men accessing women’s bathrooms and intimate facilities in the wake of “transgender” bathroom policies allowing them to do so. 

“We want to make it very clear that AFA does not believe the transgender community poses this danger to the wider public,” said Wildmon. “Rather, this misguided and reckless policy provides a possible gateway for predators who are out there.”



Share this article

Advertisement
Featured Image
Ben Johnson Ben Johnson Follow Ben

News,

Amazing new video captures the flash of light the moment life begins

Ben Johnson Ben Johnson Follow Ben

CHICAGO, April 29, 2016 (LifeSiteNews) – Life begins with a spark – literally.

Researchers at Northwestern University have documented the striking event in a new video that accompanies a study published this week.

At the moment of conception, the egg releases massive amounts of zinc, which creates a spark that can be seen with the aid of a microscope.

“It was remarkable,” said Teresa Woodruff, a professor of obstetrics and gynecology at Northwestern University's medical school. “To see the zinc radiate out in a burst from each human egg was breathtaking.”

The research team had noted the zinc sparks before in mice eggs but had never observed the process in human beings.

“All of biology starts at the time of fertilization,” Woodruff said, “yet we know next to nothing about the events that occur in the human.”

One of the researchers, Northwestern chemistry professor Thomas O'Halloran, explained the science behind the process in 2014.

“The egg first has to stockpile zinc and then must release some of the zinc to successfully navigate maturation, fertilization and the start of embryogenesis,” he said. “On cue, at the time of fertilization, we see the egg release thousands of packages, each dumping a million zinc atoms, and then it's quiet.”

“Each egg has four or five of these periodic sparks,” O'Halloran said. “It is beautiful to see, orchestrated much like a symphony.”

Since the amount of zinc in an egg correlates with successful implantation and birth, the Northwestern researchers are highlighting that their research may be used to assist in vitro fertilization.

But that raises concerns given the grave moral issues with IVF, which involves creating numerous embryos that are either killed or frozen. Moral theologians also emphasize that IVF is an injustice even for the children who are born as a result, as they are created in a lab rather than in the union of man and woman.

The study may have far-reaching consequences the research team did not intend, such as strengthening public belief in the longstanding scientific consensus that life begins at the moment of conception/fertilization.

Many of those who saw the Northwestern video said it testifies to the beauty of life and the shallow lies that buttress the argument of abortion-on-demand.

“I saw this, and I was blown away by it,” said Rush Limbaugh on his nationally syndicated radio program Thursday afternoon. “For anybody in the mainstream media to openly admit that life begins at conception” defies arguments that an unborn child is only “tissue mass.”

Researchers released a separate video of the zinc spark taking place in a mammalian egg more than a year ago:

The paper, which is entitled “The Zinc Spark is an Inorganic Signature of Human Egg Activation,” was published by Scientific Reports on April 26.



Advertisement

Customize your experience.

Login with Facebook