For members of the medical profession

On discussing abortion, it is imperative to highlight that the provisions on abortion in our Criminal Code fall under Title VIII which speaks "Of Crimes Against the Person".

This leads us to correctly conclude that for all criminal law intents and purposes the unborn child is since conception considered a person and the procured miscarriage (=abortion) of the unborn child at any stage since conception is a crime.

To safeguard the life of the unborn person, section 243 reads: "Any physician, surgeon, obstetrician, or apothecary, who shall have knowingly prescribed or administered the means whereby the miscarriage is procured, shall, on conviction, be liable to imprisonment for a term from 18 months to four years, and to perpetual interdiction from the exercise of his profession".

In this section the law requires the specific intention: "knowingly". Normally, the way the perpetrator behaves in committing this crime points clearly to his intention. Besides, the means themselves used in carrying it out highlight one's intention. An English saying runs: "Where there is a will, there is a way", so the way manifests the intention.

The law here specifies "prescribed or administered". Prescription is normally a written document but it can be by word of mouth. A written prescription can easily be produced as evidence in court. A verbal prescription, of course, needs witnesses.

The law refers to "the means whereby the miscarriage is procured". What are these means? Here we have to go to section 241 (1) which states: "Whosoever, by any food, drink, medicine, or by violence, or by any other means whatsoever, shall cause the miscarriage of any woman with child, whether the woman be consenting or not, on conviction, be liable to imprisonment for a term from 18 months to three years".

So this is an all-inclusive clause regarding the means used: any means whatsoever, including pills.

If the mother dies as a consequence of the use of these means section 242 comes into play: "If the means used shall cause the death of the woman, or shall cause a serious injury to her person, whether the miscarriage has taken place of not, the offender shall, on conviction, be liable to the punishment applicable to wilful homicide or wilful bodily harm, diminished by one to three degrees".

Our law safeguarding the unborn has to be enforced in all circumstances. The entrenchment in the Constitution of the above provisions will surely be a step in the right direction. We are living in the 21st century where the whistleblower is hovering over our islands as well. Also the unborn need whistleblowers!

For the benefit of the unborn, a new provision which directly prohibits anyone on these islands from inciting or encouraging people to commit abortion anywhere should be introduced.