European Court Considers Fetus Rights

[Khephra]

By PAUL GEITNER
Associated Press Writer

December 10, 2003, 7:53 AM EST


BRUSSELS, Belgium -- A French woman forced to have an abortion after a doctor's mistake asked Europe's top human rights court Wednesday to consider granting rights to a fetus, a case that could have legal implications across the continent.

Thi-Nho Vo went to the European Court of Human Rights after France's highest court overturned the doctor's conviction on a charge of involuntary homicide, ruling that the fetus was not yet a human being entitled to the protection of criminal law.

Abortion rights groups have filed arguments supporting the French position, warning that accepting a right to life for a fetus could make abortions illegal in all 45 countries that recognize the court's jurisdiction.

"Obviously we are concerned about its implications for abortion in this country and Europe as a whole," said Anne Weyman, chief executive of the Family Planning Association in Britain.

more.............

http://www.newsday.com/news/nationworld/world/wire/sns-ap-europe-abortion,0,3905140.story?coll=sns-ap-world-headlines

[La_Serpiente]

1. Wow

since when did the religious right target Europe??

Actually, I have seen more American activity in Europe since Bush came into office. More of the scholars I've seen on TV are from European countries, and GE wants to get rid of the regulation in Europe. The AEI met with Silvio Berlusconit recently. Gee, I wonder why??? Maybe it is because they are creating a Constitution this year??!!!??? And he is the EU president?? He's been meeting with Richard Perle by the way.

And Berlusconi has been trying to shove Thatcher type reforms down on the Italian people. They have been having massive strikes.

Also, GE moved their European headquarters from London to Brussels so they could be near the Hague.

I've also seen instances of Evangelists from the US going to Europe.

[bleedingheart]

2. After reading that it is apparent that the doctor is about as dumb

as a stick.

He deserves to be sued by the woman in question. However granting fetus rights wouldn't have protected the fetus from a stupid doctor.

How the hell did this guy get his medical license? Didn't he palpitate this woman's uterus before going in to retrieve the coil?

Second it once again reinforces how good communication is so important. The hospital should have had an interpreter available to make sure that this type of thing doesn't happen.

I was recently in the hospital and before every procedure they asked for my name and birth date to make sure I was the right person and for important procedures they asked why I was having it done to confirm.

This case will be thrown out..my prediction.

[Paschall]

3. A member of Chirac's party recently tried to pass legislation...

...that would have made acts resulting in the unintentional death of a fetus a criminal offense--to the glee of fundamentalist Catholics and Opus Dei. But there was such an outcry, the bill was withdrawn a few days ago. I assume that's why this case is being taken to the European court.

Plaintiffs in such cases in France can already file charges under civil law. But the proposed legislation would have put them under criminal statutes, which many doctors said would result in poorer gynecological and pre-natal care from practitioners fearing prison sentences, because an infinitesimal percentage of standard gyn-obs procedures always produces miscarriages.

I think this case--if heard--will not be ruled in the plaintiff's favor.