Antigua: Judge rejects government’s bid to halt abortion case

Some medical professionals in Antigua and Barbuda are taking legal action against the government there, challenging their abortion laws, one that they say is draconian and gravely limits access to abortion. Abortion is illegal in the twin-island state, and women who terminate their pregnancies face up to ten years in prison, while those who assist them could be sentenced to a maximum of two years behind bars. The statute permits abortion solely in instances where the mother’s life is deemed to be at risk, leaving little room for exceptions and raising profound concerns about reproductive rights and healthcare in Antigua.

A well-respected gynecologist in Antigua, Dr. Dane Abbott, spearheaded the challenge. Their objective is to overturn the island’s longstanding anti-abortion laws, which have sparked significant debate among residents. Central to this legal dispute is the Offences Against the Person Act, which has remained unchanged since its inception in 1861.

The Christian Church has considerable influence in Caribbean society, and its leaders have strongly opposed any changes. The case is scheduled for hearing in Antigua’s high court. The Antigua and Barbuda Evangelical Alliance has criticized the proposed changes, claiming it undermines moral values in the name of human rights.

Pastor Fitzgerald Semper, a church spokesman, remarked, “We oppose any legal modifications. As a church, we hold that life is sacred and only God should decide when it ends. The current law allows abortion only if the mother’s life is in jeopardy, and we support that unchanged.”

Given the church’s influence, abortion remains a highly sensitive political issue, and many Caribbean governments are hesitant to address it. Meanwhile, Charlesworth Browne, the Kingdom Leaders Senior Pastor, says abortion may be a human desire and there may be a strong wish to ‘trow way de pickney’, and perhaps even an understandable desire in cases of rape or incest. However, to claim that it is a woman’s right is to go beyond the boundaries of common sense.

He said emotional arguments can be presented as to why a womb should be turned into a tomb, but the supreme law of a country – its Constitution – is founded on reason, not emotion.

“A human right is the entitlement of every human being to all the freedoms and privileges of being human. It is the inherent dignity of every single human being, regardless of sex, race, ethnicity, religion, age, or any other distinguishing feature. Abortion is NOT a human right and pro-choice can NEVER make it right. In fact, it is contrary to a fundamental human right: the right to life” Bishop Browne said

But Alexandrina Wong from the group Women Against Rape advocates for the repeal of the outdated laws but wants to keep some restrictions, like limits on the term of pregnancy. She highlighted the issues faced by women who conceive after rape, emphasizing their need for the right to choose due to potential severe mental health impacts. In Antigua, the government has opted to allow the judicial system to determine the fate of a pivotal legal challenge against the country’s restrictive abortion laws.

Recently, the High Court has paved the way for this landmark lawsuit to proceed, marking a significant moment in the ongoing debate over reproductive rights. Justice Jan Drysdale issued a decisive ruling by dismissing a motion aimed at striking down the case, delivering a substantial setback to the government’s efforts to stifle the lawsuit before it could gain traction.

This ruling not only permits the case to advance to trial but also mandates that the Attorney General’s Chambers compensate the abortion rights activists with $1,500. This financial penalty serves as both a symbolic and practical reprimand against the government’s attempt to undermine the challenge. Justice Drysdale emphasized the complexity of the matter, asserting that it necessitates further evidence and comprehensive legal scrutiny. She determined that a strike-out application was inappropriate, thereby ordering that the case continue to trial.

The $1,500 payment to the campaigners was an additional consequence of the government’s overreach. The proceedings are set to resume on December 5, at which point the Ecclesiastical Commission may be introduced as a third party opposing the repeal of the restrictive laws. Additional directions regarding the case will be provided during this session, potentially setting the stage for a heated legal battle over the future of abortion rights in Antigua.

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1 Comment

  1. reality
    October 28, 2024

    Any woman who would kill her baby in her womb doesn’t deserve to reproduce. I say let them do it. Religious people should be happy the kind of evil people that would do something so disgusting are willingly taking themselves out of the gene pool. The pro-life people should be making more children to replace them.

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