Thats the question that I, and many others in Australia, am pondering today? It comes on the back of the case of a couple who, after having been hit by a drug driver on Christmas Day, lost their unborn child at 32 weeks ( " NSW to review unborn child laws " ). This poor woman, who was hit whilst out taking a walk, had to endure the pain and suffering of having to birth her child even though they knew the baby, already named Zoe, would be stillborn - and now, because of laws regarding what constitutes " human ", she cannot even get justice for that loss. See, here in New South Wales, a baby is not considered human until it has taken a breath and, thusly, this drug driver cannot be tried for either murder or manslaughter.
This, frankly, is ridiculous. Is the law saying a baby does not exist until it breaths? So you can have a baby growing inside you, evidence of their existence available on any ultrasound screen, available to any passer-by in the street - yet, in the eyes of the law, that baby doesnt exist until it takes its first breath of air. What a load of rubbish! I know this poses all kinds of moral and ethical questions, but surely a baby at 32 weeks, that could be born that early and survive, which kicks its mother, and gets the hiccups, and can suck its thumb - surely that MUST count as human?
The problem, as its been described to me, is that it raises the question of when would abortion become murder? I dont know at what stage abortion becomes murder - and therefore illegal - in this state, but i'm damn sure its well before 32 weeks. Not that i want this to become a debate on abortion but, for the record, i consider myself pro-choice - although i dont believe that abortion is the right choice ( for me, or anyone else ), i do believe that each individual woman should be able to choose for herself. But abortion is illegal in this country beyond a certain stage because the law regarding abortion must recognise late stage abortion of a fetus as murder. Mustn't it? Otherwise abortion would be legal at any stage. So why is it different for the loss of a child through other criminal means?
I just dont get it. And i'm sure this poor couple mustnt either. My heart goes out to them, their living daughter, and their angel baby. I just hope this legal loophole can be rectified soon so that other families need not suffer the same....
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
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