THE COALITION of Lawyers for the Defence of the Unborn says the bill to decriminalise abortion in Jamaica, if challenged, could prove unconstitutional.

A recommendation in the proposed law prescribing sanctions against medical personnel who refuse to terminate a pregnancy on the grounds of 'conscience' has also been sternly rejected by the group, which called the proposal "revolting to the extreme".

Attorney-at-law David C. Henry, who represents the group, raised the concerns yesterday during a presentation to the joint select committee of Parliament considering the report of the Abortion Policy Review Advisory Group.

Henry noted that while the Constitution contained no express statement on abortion, Section 14 might be relevant to the issue.

Other circumstances

The provision also cites other circumstances in which the right to life may be vitiated such as self-defence, lawful arrest, riot-suppression and the prevention of a criminal offence.

Henry questioned whether a 'person', as referred to in Section 14, includes "a foetus, the unborn child. If it does, then the Constitution prohibits any law that would seek to allow abortions".

According to Henry, the question of whether a person includes a foetus has not been explicitly decided in the Jamaican courts.

He said Section 72 of the Offences Against the Person Act, dealing with abortion, speaks to "every woman being with child". The attorney argued that this reference unequivocally affirmed that the "being" inside the woman is a child.

"The question is whether this child is entitled to the right to life?"

The anti-abortion activist also contended that if a company was deemed to be a legal person under the Constitution, it would be fallacious to suggest that an unborn child was not such.

"If the foetus/unborn child is a person, as contemplated within the Constitution, then it follows that any legislation impacting the right to life, which is not already enunciated in the Constitution, must be struck down," he insisted.

The attorney also took issue with the abortion policy review advisory group, which recommended sanctions for medical staff who refused to carry out a termination of pregnancy.

"This teaches a salutary lesson as to our capacity for evil if we are not guided by principles of respect for life," he said.

However, committee member Aundré Franklin was not happy with the assertion that the members of the advisory group were "evil" and demanded that the statement be clarified. Responding, Henry said the comment was not intended to label anyone as being evil.

edmond.campbell@gleanerjm.com

Section 14 of the constitution states: "No person shall intentionally be deprived of his life save in execution of the sentence of the court in respect of a criminal offence of which he has been convicted."