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Marianne Mollmann

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UN Special Rapporteur: Abortion Restrictions Don't Work

Posted: 10/20/11 07:45 PM ET

Restrictions on abortions just don't work in that they don't result in the desired outcome.

This is the predictable, yet bold, conclusion of a report to be presented at the United Nations on Monday, October 24th by Anand Grover, a UN-appointed independent expert on health. The report, which is part of an annual report-back from various human rights experts to the United Nations' General Assembly, consolidates years of legal analysis and empirical evidence from other experts and concludes that abortion restrictions are unworkable and damaging to women's health. Instead, the report advocates access to full, accurate, and complete sex education and information about contraception, as well as to all forms of modern contraception, because these services and state support for women's equality actually do work to reduce the need for abortions.

Abortion restrictions are generally justified by reference to a desire to lower the number of terminations, be it by limiting access to abortion for all women, as in Chile, El Salvador, and Nicaragua, or just for the "undeserving," as in most of the rest of the Americas including the United States. Some explicitly prefer pregnant women to die rather than having access to a life-saving abortion, but most refer to some sort of makeshift hierarchy of morals.

"Most people, of course, should have access free of charge," a high school friend from Denmark told me the other day. "But women who just keep having abortions: there really should be some sort of punishment for them."

I have heard this sentiment echoed so many times. "Seriously, I believe in access to abortion," a young Mexican friend told me. "But really women need to show a minimum of responsibility." This friend had, in the course of the same conversation, told me he recently had a condom break during intercourse. When asked if he believed the woman in that case, if she were to become pregnant, had shown the requisite minimum of responsibility he was confused and horrified. Of course she should have access to an abortion. At least they had tried.

These considerations about who, if anyone, deserves access to abortion are often at the core of public debate on the issue. All but the most radical anti-choice activists would say that pregnant rape victims should have access, as well as those whose lives or health are threatened by the pregnancy. This distinction between the vulnerable madonnas and the physically healthy sluts is, in fact, the bright line in determining public funding for abortion services in the United States today.

The truth of the matter is that abortion restrictions in law and policy have little if anything to do with how women and girls deal with their pregnancies. Of the hundreds of women I have spoken to about their abortions, none mentioned the law as a deciding factor in whether or not to continue an unwanted or unhealthy pregnancy. Sure, the criminalization of abortion might be an impediment to getting a safe and timely abortion, but never a real barrier to getting one at all.

In fact, the only two questions policy-makers can helpfully ask themselves about their approach to abortion are 1) is it workable; and 2) does it actually work.

Most policies that allow only partial access to abortion for the "deserving" women are not all that workable. You need a process for determining the validity of rape claims, for example, and a solid definition of just how unhealthy a pregnancy needs to be to be unhealthy enough for the woman to be entitled to care. In Ireland, where abortion is only theoretically legal for women who will die as a result of their pregnancy, a doctor asked me in visible distress: "How terminal does she have to be? Can I help her if she has a 51 percent chance of dying, or does it have to be more?"

The notion proposed by my Danish friend -- that irresponsible women who just have one abortion after another need to be punished -- is equally unworkable. How do you determine responsibility? And how many abortions are too many? And what would be an appropriate punishment? Carrying the pregnancy to term? For many, the key moral question in the abortion debate is whether women who want their pregnancies terminated actually care. But any policy based on a value-judgement on that count raises more ethical questions than it solves. It is not workable.

Spread the word: abortion restrictions just don't work.

Published on RHRealityCheck.org

 

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Restrictions on abortions just don't work in that they don't result in the desired outcome. This is the predictable, yet bold, conclusion of a report to be presented at the United Nations on Monday...
Restrictions on abortions just don't work in that they don't result in the desired outcome. This is the predictable, yet bold, conclusion of a report to be presented at the United Nations on Monday...
 
 
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HUFFPOST SUPER USER
madjanssen
Neurotic mother of one displaced in Europe
03:12 AM on 10/24/2011
I wrote on another forum here in HuffPo about this movie I just watched (http://www.imdb.com/title/tt1032846/). It depicts very realistically on what happens when women are pushed to a corner to get an abortion in a country that doesn't allow it. Yes, I know this movie was set during Romania's Ceausescu's era so the background is very grim but if anti-abortionists have their way, there is always a possibility of it happening again. Plus, I thought the point of living in a democracy was that we got to choose what we wanted for our own lives. After all, no one else has to live with the consequences but us and us alone.
12:58 PM on 10/23/2011
I think you are much better off simply stating what you believe the law should be as opposed to claiming the statistics are on your side

I think the fact that you don't even try to present statistics to back up your claim that it doesn't reduce abortions is very telling

A much better route for you to go is to present the scenario of imprisoning a 15 year girl for murder if she has an abortion. I think you will find it much easier to win people over to your side that way
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HUFFPOST SUPER USER
Jeff Forsythe
09:59 AM on 10/23/2011
I think that in these difficult times, it is not easy for people to distinguish the difference between good and bad when its comes to such moral issues as premarital sex, drug abuse, gay rights, abortion, euthanasia, etc.
I consider myself very lucky because I practice Falun Gong, which allows me to know the difference between right and wrong and Falun Gong has answered and is still answering my many questions about life.
It is a free practice with tens of millions of practitioners Worldwide. Thank you.
04:12 PM on 10/22/2011
The Pope excommunicated a mother and two doctors because the mother gave the doctors permission to abort her nine year old daughter who had been impregnated by her father. He didn't feel the father should be excommunicated as his was a lesser sin. The nine year old and her twins would have died if she had been forced to try and reach the end of the last trimester. A woman aborting a foetus (late term) because the foetus had no brain was harrassed by antiabortionists. She was expected to go to term and deliver a child who could not live outside the womb. Abortions have always occurred. The doctors weere just fed up with the consequences of amateurs doing them. Let the anti abortionists adopt the children who have had to be removed from the care of their mothers due to egregious neglect, cruelty and abuse - sexual or physical. Talk is cheap.
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
03:32 PM on 10/21/2011
Restricting abortion, Restricting Birth Control, Restricting Health Care, Restricting Education, Restricting Jobs, Restricting Human and Civil Rights.

The folks who want to restrict any rights do it not to accomplish anything beyond the control and impoverishment of women and those they perceive as 'other.'  Restriction ins an end in itself.
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LMPE
I connect the most dissimilar things
02:41 PM on 10/21/2011
Just a side note: Tom DeLay, who always bragged about being "pro-life", supported a Mariana Islands sweatshop that FORCED its female employees to have abortions.
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
03:27 PM on 10/21/2011
Thank you for reminding us of the very glaring contradiction.  I remain eternally grateful that Mr. Delay is no longer part of our national political scene.  Now if only I could say that about some of our current 'representatives' as well.
01:36 AM on 10/22/2011
Of course. It's the authoritarian mindset. After all, if the government can tell you you're not allowed to have an abortion, surely the government can also decide that you MUST have an abortion.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
10:19 AM on 10/22/2011
Now to be fair, Tom wasn't saying that the GOVERNMENT should force a woman to have an abortion... He was saying that the woman's EMPLOYER can tell her when she has to have one...
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01:32 PM on 10/21/2011
Restrictions don't work, education works.

How many things are wrong with our country that could be fixed by simply heeding that advice?
12:46 PM on 10/21/2011
The utility of law addresses rationalizations made against a more fundamental issue. It is much simpler: who gets to tell a woman what she can and can't do with her body? Or, more generally, who gets to tell a sentient person what they can and can't do with what is by nature their own property. Governance must seek a balance between human freedom and civic society. That is why we form associations. Thus studies of impact, psychological consequences, economic consequences, etc are valuable in educating the individual in exercise of their personal freedoms. Studies of legal efficacy are important to good governance. But they are worlds apart as to what is the right thing to do. I side with increasing human freedom, let me do with my body as I choose - and if the state has a problem with it, at least let me be able to go elsewhere to live my life the way I choose.

hariaum
12:08 PM on 10/21/2011
One could just as easily argue that laws against theft, robbery and assault don't work either because people keep doing them.

Unfortunately, human nature is such that if you want more of something then legalize and subsidize it. The current norm may not be ideal but it is likely much superior to a world without any guardrails.
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WorkInCanada
Life is hard; it's harder if you're stupid. John W
05:23 PM on 10/22/2011
Whether it's 'legal' or not was not the point of the report - and not the point of the conversation.

The point was whether free access and better sex education reduces the amount of abortions required, which this report says it does.

But, hey, it's coming from the United Nations, so about half of all Americans will disregard the report simply because it's not coming from Pat Robertson or Dick Cheney.
11:57 AM on 10/21/2011
Illegalizing abortion is not about stopping it, it's about pedestaling an ideal. Public opinion of when a life begins (conception or consciousness) will always ebb and flow from one direction to another, that's why this can only be a personal choice. Illegalizing abortion will have very little effect at stopping anyone with the means and connections from getting one anymore than the war on drugs has stopped anyone who wants a drug from getting one.
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LaurieAnn
Wake Up! Grow Up! Lighten Up!
11:53 AM on 10/21/2011
The best person and the only person who should determine whether an abortion is warranted is the individual pregnant woman herself.  I trust each woman to do what is best for herself; whether or not she takes others into consideration is up to her alone.  Whether the decision is 'moral' or or not and whether the woman is 'deserving' or not is not a concept which should be up to the state in any way.
abhorson
Si Si Chiquita. There's a woman worth her ransom
04:14 AM on 10/22/2011
except the woman is a MOTHER ... that "thing" inside of her isn't a tumor ('fetal tissue') .. it's a baby that depends on that woman (mother) for food, care, love, nurturing ... it's a part of her as much as it is a life in-itself. The state can protect it, but, BEFORE the state, the MOTHER should protect it, should care for it ... and should love it regardless of the circumstances in which it came to be.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
10:21 AM on 10/22/2011
And yet you overlook the point that it's part of her body! And as such, SHE has the ultimate right to control what happens in her body!

For example... You and I have a perfect match, and I need your liver. You CANNOT be forced to give it to me. Even after you're dead, I CANNOT take your liver against your will!!! And yet you're saying that this fetus has the right to FORCE the mother to give up all her rights to her body for 40 weeks???
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
11:30 AM on 10/22/2011
Again, that is up to the pregnant woman and no one else.  You may believe her to be a mother at that time but that is your own value judgement.
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HUFFPOST SUPER USER
Ohio5470
10:57 AM on 10/21/2011
I forgot to state that the rate for Chile was also for 1990 (see previous post)
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HUFFPOST SUPER USER
Ohio5470
10:56 AM on 10/21/2011
The rate of abortions per 1000 women in Chile (where all abortion is illegal) was 45.4. In the US (where abortion is legal) the rate was 27 in 1990.
http://www.guttmacher.org/pubs/ib12.html
http://www.guttmacher.org/pubs/fb_induced_abortion.html
10:29 AM on 10/21/2011
"Restrictions on abortions just don't work in that they don't result in the desired outcome"

The "desired outcome" is not a reduced number of abortions or healthier moms and babies. It is a political wedge that can be used to manipulate religious Americans.
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
11:53 AM on 10/21/2011
That sadly, is the absolute truth.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
01:41 PM on 10/21/2011
Exactly!! Even those politicians who claim the most to be anti-abortion in any situation won't do away with abortion, because then they would have to find another wedge issue!
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
03:28 PM on 10/21/2011
Excellent point!  And not only that, they'd loose their voting base.  Once the anti-choicers are satisfied they'll take a look at how the right has manipulated them for political gain and start voting their economic interests.
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
03:34 PM on 10/21/2011
oops s/b 'lose'   my bad
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fairwayhill
1948 Palestine belongs to the Palestinians
10:21 AM on 10/21/2011
The government is not entitled to regulate morality.
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HUFFPOST PUNDIT
LaurieAnn
Wake Up! Grow Up! Lighten Up!
01:19 PM on 10/21/2011
Unfortunately we need to be very vigilant in the U.S. to guard against the minority who will settle for nothing less.
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Larry Motuz
Lawless markets lead ill-gotten gains.
10:26 AM on 10/23/2011
I have moral misgivings about that as an absolute statement of an acceptable limit on governance within a democracy. Politics is about striking balanced boundaries between two conceptions of the good: the good-for-me and the good-for us, both of which have moral dimensions, and both of which--either an unbounded self-interest or an unbounded ideology--can wreak moral havoc.

Setting restrictions on unbounded interests in either case is, in some senses, always a moral decision with moral consequences.