Home Page
About Us
What we do
News
Campaigns & Events
Abortion in N. Ireland
Resources
"I need help..."
Make a Donation
Find us on Facebook
27 / 09 / 2008 - Senior Legal Expert on Medical Law Calls Department of Health NI Guidelines on Abortion ``Seriously Misleading``
See also : "NOT IN MY NAME" CAMPAIGN
Professor John Keown, a Barrister and former Senior Lecturer in law at Cambridge University, and Senior Research Fellow at Churchill College, now a Professor in the Kennedy Institute of Ethics, Georgetown University, Washington was asked by the Association of Catholic Lawyers of Ireland to comment on the Consultation Document on Abortion Guidelines issued by the Department of Health NI.
Mrs Johanna Higgins, Barrister, of the ACLI says, “Professor Keown is a leading expert in the field of abortion law, having written such important books as “ Abortion, Doctors and the Law“ really the only book of its kind, an analysis of the history of abortion law. He also has a distinguished legal career, having lectured in Law and ethics at Cambridge and achieving his Doctorate from Oxford. He now holds the Rose f Kennedy Chair in Christian Ethics.”
Professor Keown, whose research has been cited widely, in particular by the U.S. Supreme Court (in its decision on physician-assisted suicide), by the English Court of Appeal (in the conjoined twins case, 2000); and by the House of Lords Select Committee on Medical Ethics, has stated, regarding the Department of Health’s document on abortion;
“The opening statement of the Guidance on the Termination of Pregnancy ….is seriously misleading.”
He further states;
“The starting point of the Guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage. The Guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years.”
Mrs Higgins says;“ I am extremely grateful to Dr Keown for his help in underlining a fundamental flaw in these guidelines. His assistance has been greatly appreciated by the ACLI and I am thankful for his help with the law in this important matter.”
Mrs Higgins goes on to say; “I have stated clearly, in my Briefing Papers on this matter, that the Department of Health has issued flawed guidance which is unreliable as a clarification of the law.”
Dr Keown further states;
“just because there may be a defence to abortion in exceptional circumstances does not mean that the government is under a duty to provide access to abortion in those circumstances, any more than it is under a duty to provide citizens ready access to weapons for use in self-defence.”
FULL STATEMENT BY DR KEOWN.
The opening statement of the Guidance on the Termination of Pregnancy (”Within the scope of this Guidance and the law in Northern Ireland, each Health & Social Services Trust must ensure that its patients have access to termination of pregnancy services”) is seriously misleading.
The starting point of the Guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage. The Guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years. Only when the rule has been stated should the scope of the exception be considered. Similarly, the Guidance should clearly state the law against child destruction and its central purpose, the protection of a child capable of being born alive, and then note the exception to this prohibition. (It is remarkable that paragraph 2.6 of the Guidance, which purports to quote the statute, misstates this exception by omitting the important word ‘only’.)
Would one begin Guidance on the law of theft, which recognizes that in exceptional circumstances A may lawfully appropriate B’s property, by saying that “within the scope of law of theft, the government should ensure that everyone has access to everyone else’s property”? Further, just because there may be a defence to abortion in exceptional circumstances does not mean that the government is under a duty to provide access to abortion in those circumstances, any more than it is under a duty to provide citizens ready access to weapons for use in self-defence. Moreover, the government has a discretion as to how to allocate its healthcare resources: it is perfectly entitled to deploy those resources on medical procedures which do not involve the destruction of life.
John Keown MA DPhil PhD
Rose F Kennedy Professor of Christian Ethics
Kennedy Institute of Ethics
Georgetown University
About Professor John Keown
John Keown is Professor of Christian Ethics at Georgetown University, Washington. During his time at the University of Cambridge he completed a BA (Honours) in Law in 1980 and an MA in 1984. He was awarded his Doctorate of Philosophy by the University of Oxford in 1985 and called to the Bar of England and Wales (Middle Temple) in 1986. After teaching medical law at the University of Leicester from 1986, John was appointed to a lectureship in the law and ethics of medicine at Cambridge, and to a fellowship at Queens’ College.
He was subsequently promoted to a Senior Lectureship in law, and became a Senior Research Fellow at Churchill College. He has been significantly involved in health care ethics forums, being a Governor of the Linacre Centre for Healthcare Ethics since 1990 and its Vice-Chairman since 1997. He has authored or edited several books and articles, including “Abortion, Doctors and the Law” (1988), and “Euthanasia Examined: Ethical, Clinical and Legal Perspectives” (1995) and “Euthanasia, Ethics and Public Policy: An Argument Against Legalisation” (2002).
Source : Association of Catholic Lawyers of Ireland
North health department's guidelines on abortion 'seriously misleading'
AN AMERICAN-BASED academic has described the Northern health department’s guidelines on abortion as “seriously misleading”.
Prof John Keown of the Kennedy Institute of Ethics, Georgetown University, Washington DC, made his comments in response to a legal query by the Association of Catholic Lawyers of Ireland (ACLI).
Prof Keown referred to the consultation process begun in July by the North’s Department of Health to try to establish when abortions were legal in Northern Ireland.
The 1967 British abortion Act does not apply to Northern Ireland and the four main parties oppose its extension to the North, although a number of Westminster MPs are attempting to introduce legislation this term that would extend the 1967 act to the North.
The Alliance for Choice group in the North has called on trade unions, women’s groups and community organisations to unite behind a campaign to extend the 1967 act.
Under current legislation, according to the department, abortions are permitted in the North where “there is a threat to the life of the woman, or a risk of real and serious harm to her long-term or permanent health (physical or mental)”.
Prof Keown referred to the opening statement of the department’s guidance which states that “within the scope of this guidance and the law in Northern Ireland, each health and social services trust must ensure that its patients have access to termination of pregnancy services”.
This was “seriously misleading”, he said. “The starting point of the guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage,” he added.
“The guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years.
“Only when the rule has been stated should the scope of the exception be considered,” Prof Keown said.
Barrister Johanna Higgins of ACLI said Prof Keown had underlined “a fundamental flaw” in the department’s guidelines.
Source : GERRY MORIARTY Northern Editor, The Irish Times
See also : "NOT IN MY NAME" CAMPAIGN
[BACK TO NEWS HEADLINES]
Mrs Johanna Higgins, Barrister, of the ACLI says, “Professor Keown is a leading expert in the field of abortion law, having written such important books as “ Abortion, Doctors and the Law“ really the only book of its kind, an analysis of the history of abortion law. He also has a distinguished legal career, having lectured in Law and ethics at Cambridge and achieving his Doctorate from Oxford. He now holds the Rose f Kennedy Chair in Christian Ethics.”
Professor Keown, whose research has been cited widely, in particular by the U.S. Supreme Court (in its decision on physician-assisted suicide), by the English Court of Appeal (in the conjoined twins case, 2000); and by the House of Lords Select Committee on Medical Ethics, has stated, regarding the Department of Health’s document on abortion;
“The opening statement of the Guidance on the Termination of Pregnancy ….is seriously misleading.”
He further states;
“The starting point of the Guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage. The Guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years.”
Mrs Higgins says;“ I am extremely grateful to Dr Keown for his help in underlining a fundamental flaw in these guidelines. His assistance has been greatly appreciated by the ACLI and I am thankful for his help with the law in this important matter.”
Mrs Higgins goes on to say; “I have stated clearly, in my Briefing Papers on this matter, that the Department of Health has issued flawed guidance which is unreliable as a clarification of the law.”
Dr Keown further states;
“just because there may be a defence to abortion in exceptional circumstances does not mean that the government is under a duty to provide access to abortion in those circumstances, any more than it is under a duty to provide citizens ready access to weapons for use in self-defence.”
FULL STATEMENT BY DR KEOWN.
The opening statement of the Guidance on the Termination of Pregnancy (”Within the scope of this Guidance and the law in Northern Ireland, each Health & Social Services Trust must ensure that its patients have access to termination of pregnancy services”) is seriously misleading.
The starting point of the Guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage. The Guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years. Only when the rule has been stated should the scope of the exception be considered. Similarly, the Guidance should clearly state the law against child destruction and its central purpose, the protection of a child capable of being born alive, and then note the exception to this prohibition. (It is remarkable that paragraph 2.6 of the Guidance, which purports to quote the statute, misstates this exception by omitting the important word ‘only’.)
Would one begin Guidance on the law of theft, which recognizes that in exceptional circumstances A may lawfully appropriate B’s property, by saying that “within the scope of law of theft, the government should ensure that everyone has access to everyone else’s property”? Further, just because there may be a defence to abortion in exceptional circumstances does not mean that the government is under a duty to provide access to abortion in those circumstances, any more than it is under a duty to provide citizens ready access to weapons for use in self-defence. Moreover, the government has a discretion as to how to allocate its healthcare resources: it is perfectly entitled to deploy those resources on medical procedures which do not involve the destruction of life.
John Keown MA DPhil PhD
Rose F Kennedy Professor of Christian Ethics
Kennedy Institute of Ethics
Georgetown University
About Professor John Keown
John Keown is Professor of Christian Ethics at Georgetown University, Washington. During his time at the University of Cambridge he completed a BA (Honours) in Law in 1980 and an MA in 1984. He was awarded his Doctorate of Philosophy by the University of Oxford in 1985 and called to the Bar of England and Wales (Middle Temple) in 1986. After teaching medical law at the University of Leicester from 1986, John was appointed to a lectureship in the law and ethics of medicine at Cambridge, and to a fellowship at Queens’ College.
He was subsequently promoted to a Senior Lectureship in law, and became a Senior Research Fellow at Churchill College. He has been significantly involved in health care ethics forums, being a Governor of the Linacre Centre for Healthcare Ethics since 1990 and its Vice-Chairman since 1997. He has authored or edited several books and articles, including “Abortion, Doctors and the Law” (1988), and “Euthanasia Examined: Ethical, Clinical and Legal Perspectives” (1995) and “Euthanasia, Ethics and Public Policy: An Argument Against Legalisation” (2002).
Source : Association of Catholic Lawyers of Ireland
AN AMERICAN-BASED academic has described the Northern health department’s guidelines on abortion as “seriously misleading”.
Prof John Keown of the Kennedy Institute of Ethics, Georgetown University, Washington DC, made his comments in response to a legal query by the Association of Catholic Lawyers of Ireland (ACLI).
Prof Keown referred to the consultation process begun in July by the North’s Department of Health to try to establish when abortions were legal in Northern Ireland.
The 1967 British abortion Act does not apply to Northern Ireland and the four main parties oppose its extension to the North, although a number of Westminster MPs are attempting to introduce legislation this term that would extend the 1967 act to the North.
The Alliance for Choice group in the North has called on trade unions, women’s groups and community organisations to unite behind a campaign to extend the 1967 act.
Under current legislation, according to the department, abortions are permitted in the North where “there is a threat to the life of the woman, or a risk of real and serious harm to her long-term or permanent health (physical or mental)”.
Prof Keown referred to the opening statement of the department’s guidance which states that “within the scope of this guidance and the law in Northern Ireland, each health and social services trust must ensure that its patients have access to termination of pregnancy services”.
This was “seriously misleading”, he said. “The starting point of the guidance should be a clear statement of the illegality of abortion in Northern Ireland: that it is a crime punishable by a maximum of life imprisonment to use any means with intent to procure miscarriage,” he added.
“The guidance should then recall the central if not sole purpose of this prohibition: the protection of the unborn child, a purpose which has informed the law against abortion for over 700 years.
“Only when the rule has been stated should the scope of the exception be considered,” Prof Keown said.
Barrister Johanna Higgins of ACLI said Prof Keown had underlined “a fundamental flaw” in the department’s guidelines.
Source : GERRY MORIARTY Northern Editor, The Irish Times
See also : "NOT IN MY NAME" CAMPAIGN