Beryl Weir (right), executive director of the Women's Centre of Jamaica Foundation, addresses the Ministry of Health Abortion Legislation Forum at the University of the West Indies Monday. Also participating in the forum were (from left) Dr Wayne West, a member of the Coalition for the Defence of Life, Dr Olivia McDonald, executive director of the National Family Planning Board, Reverend Dr Collin Cowan, from the United Church of Jamaica and the Cayman Islands and attorney-at-law, Susan Folks Goldson, from the Coalition of Lawyers for the Defence of the Unborn. (Photo: Karl McLarty)

THE first Abortion Legislation Forum opened Monday evening at the University of the West Indies (UWI) with calls for clarification of what constitutes a lawful abortion.

"The legislation as it exists indicates when abortions are unlawful. The assumption is that lawful situations may exist; and if so they should be indicated. If there are no lawful situations, then revise the legislation and omit the word unlawful," Dr Olivia McDonald, executive director of the National Family Planning Board and one of the panellists at the forum, said.

"Section 72 of the current legislation, the Offences Against the Person Act, criminalises a woman for the intention to procure a miscarriage whether the woman be or be not with child."

Noting that safe abortions are an essential health service for women, in the same way that sexual and reproductive health are key, Dr McDonald said every time a woman undergoes a clandestine abortion, it threatens her right to life survival.

"The right to health actually requires government to take appropriate measures to ensure that women are not exposed to risk and stigma and discrimination associated with unsafe abortions," she said. "Denying women access to abortion is a form of gender discrimination, because only women need and have abortions, only women can be exposed to the risk of unsafe abortions. Further to ratifying Article 12 of the Convention for the Elimination of All forms of Discrimination Against Women, the Jamaican Government agreed that neglecting health services that only women need is discriminatory an a deficit that must be remedied."

Similarly, attorney-at-law Susan Folks Goldson of the Coalition of Lawyers for the Defence of the Unborn, said she agreed that the laws should be revised, however, some of the recommendations from the Abortion Policy Review Advisory Group were cause for concern.

"We have recommendations as to why we should change the law, but the approach being taken gives me cause for concern," she said. "Abortion can be done up to 22 weeks on demand and over 22 weeks may be terminated for a variety of reasons. That is too vague for my liking," she said, adding that she is also concerned about the recommendations as it relates to terminating a pregnancy when the child is physically or mentally abnormal. "What is physically handicapped, is that Down's Syndrome? What about the rights of the child? Jamaica would be better served by emphasising the sanctity and the preservation of life. If we are going to err let us err on the side of the preservation of life."

Meanwhile, Dr Wayne West, a member of the Coalition for the Defence of Life, questioned whether the motive behind the review of the abortion legislations was valid. Former health minister, John Junor, sanctioned the review with the aim of reducing the rate of maternal mortality in Jamaica, however, Dr West contends that he is yet to find any data to support this position.

"From the period 2001 to 2007 there were three maternal deaths as a result of abortion out of more than 300 maternal deaths," he said. "Where is the evidence? I am still asking that question."

Reverend Dr Collin Cowan, from the United Church of Jamaica and the Cayman Islands, said a woman should have the right to have an abortion in cases of rape, incest or where "the potential life has severe disability and dysfunction".

"The decision to terminate a pregnancy under such circumstances should neither be regarded illegal nor immoral," he said.

But when the floor was opened up for questions, a woman who said she was born without legs took Reverend Dr Cowan to task, pointing out that despite her disability she has led a meaningful life.

"Who says I am not living a good quality of life?" she asked. "We really need to think seriously about this thing."
Another person from the audience, Marcia Weeks, a youth worker in Barbados, pointed out that even though abortion was legalised in Barbados more than 20 years ago, women have reported not receiving any form of counselling before or after the procedure is done. Counselling is considered an integral part of the process because it helps the women to cope after terminating a pregnancy.

"They said they did not get enough information or counselling. They were only given a form to fill out and the abortion was done," she said. "We deal with a lot of cases where the women require psychiatric help. The abortions are done on demand without proper counselling and so we need to take stock of what we are saying."

Similarly, another female member of the audience pointed out too, that like Barbados, counselling prior to and post abortions is not done in other countries where abortion is legal.

At the same time, Beryl Weir, executive director of the Women's Centre of Jamaica Foundation, said a woman should have the right to have an abortion "just as how we have the choice to vote". She, however, said it must be done in facilities where the procedure can be done in a safe environment. Counselling, she added, must be included in the process.

"Women who wish to terminate a pregnancy will find the will or means to do so whether it is illegal or not," she said.

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