- Email: [email protected]
Round Up: Law and policy
www.rhm-elsevier.com
© 2010 Reproductive Health Matters. All rights reserved. Reproductive Health Matters 2010;18(35):182–185 0968-8080/10 $ – see front matter PII: S 0 9 6 8 - 8 0 8 0 ( 1 0 ) 3 5 5 1 1 - X
www.rhmjournal.org.uk
ROUND UP
Law and policy Buying sex, trafficking in women and now strip clubs banned in Iceland
Zimbabwe ruling party used rape against opponents
Following Sweden and Norway, Iceland adopted a bill in April 2009 banning the purchase of sexual services. This bill reverses March 2007 legislation that legalised prostitution under certain circumstances. A problem with the former legalisation was the connection with human trafficking, for which Iceland was both a point of destination and a transit country. The Icelandic government has gone back and forth on its response to these issues. According to the new bill, which was first proposed in 2000, anyone who purchases or promises to purchase sexual services can expect fines or up to one year in jail. If the person they are purchasing sexual services from is under the age of 18, buyers risk up to two years in prison or fine. The new bill will not criminalise the solicitation of sex (loitering for the purposes of prostitution).1 This year, a law banning stripping and lapdancing in clubs and bars was passed in March 2010. According to Icelandic police, 100 foreign women travel to Iceland annually to work in strip clubs. Some of the clubs are a front for prostitution. Feminists in Iceland appear to be entirely united in opposition to prostitution, and there is wide public support for the ban on commercial sex. A 2007 poll found that 82% of women and 57% of men supported the criminalisation of paying for sex – whether in brothels or lapdance clubs – and fewer than 10% of Icelanders were opposed. Gudrún Jóhnsdóttir of Stígamót, an organisation that campaigns against sexual violence in Reykjavik, said: “I guess men will just have to get used to the idea that women are not for sale.”2
Members and supporters of Zimbabwe’s ruling party committed widespread and systematic rape to terrorise opposition supporters ahead of elections in 2008. A report based on interviews with 70 survivors and witnesses documented 380 rapes by 241 members of President Mugabe’s ZANU-PF. All of the victims were supporters of the Movement for Democratic Change, the main opposition party. The striking patterns that recurred, including the mode and methods of detention of the victims, the types of weapons used on them and refusal of police to investigate, cannot be coincidental. Within Zimbabwe, both the police and the legal infrastructure are so seriously compromised as to make justice for systematic rape impossible. Existing Zimbabwean law does not allow for the prosecution of rape as an international crime. Yet several possibilities exist for legal accountability in the region, such as a civil case in the Southern African Development Community Tribunal, which would create a record of the crimes committed, help build the jurisprudence of this fledgling tribunal, and send a message throughout the region that impunity with regard to rape will not be tolerated. Several bodies could and should take action against Zimbabwe to restore justice and prevent further crimes against humanity, including the African Commission on Human and People’s Rights, which has a mandate to enforce the Charter on Human and People’s Rights, which Zimbabwe has ratified. Victims could also claim violations under the Protocol to the Charter on the Rights of Women in Africa. Continued impunity will be a green light for the next rape campaign.1,2
1. Sigurdardottir E. Buying sex punishable. NIKK Magasin 2009;2(Sept):6. 2. Bindel J. “Feminist energy permeates everything here.” The Guardian: Women (UK). 26 March 2010.
1. Cohen C, Latham B. Zimbabwe ruling party used rape against opponents, study finds. Bloomberg.com News. 10 December 2009. At:.
182
Round Up: Law and policy / Reproductive Health Matters 2010;18(35):182–185 2. Electing to rape: sexual terror in Mugabe’s Zimbabwe. AIDS-free World, December 2009. At:
Torture and cruel treatment in health care settings Health providers in medical facilities, juvenile detention centres, orphanages, drug treatment centres, and so-called social rehabilitation centres are forced to withhold care or engage in treatment that intentionally or negligently inflicts severe pain or suffering for no legitimate medical purpose, according to an essay in the Human Rights Watch 2010 World Report, which summarises major human rights trends in more than 90 nations and territories worldwide. Health care providers are often constrained by government action or inaction to provide care that violates international standards. In Nicaragua, physicians risk criminal charges if they perform life-saving abortions. In India, the government has failed to take measures to ensure availability of and access to appropriate pain medications. Staff at drug “treatment” centres in China and Cambodia deny care for drug users in withdrawal and subject individuals dependent on drugs to forced labour or exercise in place of evidence-based treatment. Government physicians conduct forcible anal exams of men suspected of engaging in homosexual activity in Egypt and forcible vaginal exams to assess virginity in Libya and Jordan. Female genital mutilation is practised by lay midwives in Iraqi Kurdistan, as well as government physicians who dispute the negative health consequences. Health providers must understand how their actions can result in torture and illtreatment, and speak out more forcefully against laws and practices that compel health providers to be complicit. The international human rights protection system must also address statesponsored torture and ill-treatment in medical settings.1,2 1. Amon J. Abusing patients: health providers’ complicity in torture and cruel, inhuman or degrading treatment. In World Report 2010, Human Rights Watch. At:. 2. World Report: stop torture, cruel treatment in health settings. Human Rights Watch press release, 21 January 2010.
Violence and gross abuses of women’s rights continue in Afghanistan Women and girls in Afghanistan suffer high levels of violence and discrimination and have poor access to justice and education. This report details cases of rights violations in five areas: attacks on women in public life, violence against women, child and forced marriage, access to justice, and girls’ access to secondary education. Since 2001, women’s rights have not been a priority and the gains made since then are now under serious threat. Women in public life are subject to routine threats and intimidation, which are not taken seriously when reported. Several high profile women have been assassinated, but their killers have not been brought to justice, creating an environment of impunity for those who target women. A nationwide survey found that 52% of women had experienced physical violence and 17% reported sexual violence, yet few report such. The barriers to justice are particularly formidable in rape cases. Surveys suggest that wives are under 16 in half of all marriages, and 70–80% of marriages take place without the consent of the woman or girl. More than half the women and girls in detention are being held for “moral crimes”, such as adultery or running away from home, even though the latter is not a crime in Afghan law or Sharia. Stark gender disparities remain in education with only 4% of girls enrolled in the last two years of secondary school. Recommendations include a large awareness campaign to ensure that rape is understood to be a crime, ensuring security for women candidates and voters for the 2010 election, and a full gender audit of all spending in Afghanistan.1,2 Despite a July 2009 law banning violence against women, violence is rife, rights activists say. In January 2010 domestic violence forced two young women to flee their homes in Oshaan village, Ghor Province, southwestern Afghanistan. A week later they were arrested in neighbouring Herat Province and sent back to Oshaan. One was publicly beaten for elopement, and the other was reportedly confined to a sack. Over 90 cases of self-immolation (women pouring fuel on themselves and setting themselves alight) have been registered at Herat’s burns hospital in the past 11 months and 55 have died. 183
Round Up: Law and policy / Reproductive Health Matters 2010;18(35):182–185
One woman did this to avoid being regularly beaten and insulted by her husband and in-laws. Another example of impunity is the case of the men who threw acid in the faces of 15 female students in Kandahar city in November 2008: President Karzai publicly vowed they would be “severely punished” but court officials say they are unaware of the case and do not know where the alleged perpetrators are. Over two years, more than 1,900 cases of verbal and physical abuse against women have been recorded in a database run by the Ministry of Women’s Affairs and UNIFEM, including the case of a young woman murdered in Parwan Province by her in-laws for refusing to live with her abusive husband.3 1. We have the promises of the world: women’s rights in Afghanistan. Human Rights Watch 2009. At:. 2. Afghanistan: keep promises to Afghan women. Human Rights Watch press release, 6 December 2009. 3. Afghanistan: women’s rights trampled despite new law. IRIN News, 8 March 2010.
New Spanish abortion law approved A Spanish abortion bill has been given final parliamentary approval and will take effect in June 2010. The bill decriminalises abortion and allows it on request up to 14 weeks, and up to 22 weeks if two doctors certify there is a serious threat to the mother's health, or fetal malformation. After 22 weeks, an abortion may only be done to save the woman’s life or for lethal or extremely grave fetal indications. The vote on the bill by lawmakers in December 2009 was 184 in favour, 158 against and 1 abstention. Under the previous law which dates from 1985, abortion outside certain strict limits was a criminal offence but was widely available from private sector clinics, who carry out most abortions in Spain. Prosecutions were rare but still happened; under the new law, they will not be possible. The new bill may be problematic for the small group of women unable to get late abortions in other European countries. One controversial aspect is that the bill allows 16- and 17-year-olds to have abortions without parental consent, as in Germany, Britain and France; however, minors must inform their parents unless doing so would cause serious problems, such as family violence or coercion. Under Socialist 184
Prime Minister Zapatero, who took power in 2004, Spain has also legalised gay marriage and made it easier for Spaniards to divorce.1 1. Spain OKs new abortion law, angers church. Associated Press, 24 February 2010.
Public support in Ireland for abortion law reform A YouGov national opinion poll, commissioned by Marie Stopes, indicates high levels of support for increased access to abortion in Ireland, representing a shift in public attitudes. Abortion was supported by 79% of respondents if the pregnancy endangers a woman’s health; 78% if the pregnancy is the result of sexual abuse, rape or incest; 87% if the pregnancy seriously endangers a woman’s life; 62% if there is evidence of profound fetal abnormality; and 41% if the woman believes it is in her and/or her family’s best interests. Only 3% felt that abortion in Ireland was not acceptable under any circumstances. The Irish Family Planning Association (IFPA) believes that the criminalisation of abortion in Ireland has little impact on abortion rates – it merely adds to the stress of women experiencing unwanted pregnancies. Abortion is currently legal only if there is a substantial risk to the life of the woman. Ireland is out of step with its European neighbours: 44 of 47 European countries provide for abortion on request and/or to protect women’s health. IFPA has called on the Government to face up to its responsibilities and stop forcing women who are experiencing crisis pregnancies to seek abortions abroad.1 1. Three-quarters of population favour liberalisation of abortion laws in Ireland. Irish Family Planning Association (IFPA) press release, 8 March 2010.
New teenage pregnancy and sexual health campaign, UK On 30 November 2009, the UK’s Department of Health, Department for Children, Schools and Families and the National Chlamydia Screening Programme launched a new campaign “Sex: Worth Talking About” to help young people make more informed choices about contraception, look after their sexual health and avoid
Round Up: Law and policy / Reproductive Health Matters 2010;18(35):182–185
unwanted pregnancies. Some progress has been made in recent years. The overall under 18 conception rate has reduced by 10.7% together with increased awareness of STIs and condoms. There are ambitious targets: reducing the rate of under 18 conception by 50% by 2010 and increasing chlamydia testing rates to 35% of 15–24 year olds by March 2011. An in-depth review of existing campaigns has been conducted to help develop the new strategy and communications approach. The campaign aims to normalise conversations around sex and relationships to create an open, supportive and informed environment involving health professionals, teachers, parents and young people. The two strands of the campaign “Contraception: Worth Talking About” and “Chlamydia: Worth Talking About” run across TV, radio, digital and magazine media and focus on raising awareness of the full range of contraceptive choices and the importance of chlamydia testing.1 1. “Sex: worth talking about”. Department of Health, Department for Children, Schools and Families, National Chlamydia Screening Programme. At:.
Excommunicated doctor hailed by Health Minister for abortion for child rape victim, Brazil A Brazilian doctor excommunicated by the Catholic Church for performing an abortion on a 9-year-old rape victim received a standing ovation during a national convention on women's health. The event was hosted by Brazilian Minister of Health Jose Gomes Temporao, who called on the audience to acknowledge the “brilliant" work done by the medical team involved. The girl was pregnant with twins after being raped by her stepfather, who had been abusing her since she was six. Archbishop Sobrinho excommunicated the doctors who performed the abortion, the child’s mother and the medical team. The stepfather was not excommunicated, with Sobrinho saying: “A graver act than (rape) is abortion." The child was not excommunicated because she is a minor. The case outraged the public and fuelled a a debate. Brazilian law bans abortion except in cases of rape and to
save the woman’s life. The Health Minister said doctors must put law before religion, and President Lula said “In this case, the medical profession was more right than the church." Dr Moraes, one of the doctors, thanked the archbishop for his excommunication because the controversy shed light on Brazil's restrictive abortion laws. Some of the doctors vowed to continue attending church services, despite expulsion.1 1. de Moura, H. Excommunicated doctor hailed for abortion on child rape victim. CNN, 11 March 2009.
Turkey bans trips abroad for artificial insemination Artificial insemination is already illegal in Turkey and doctors offering fertility treatment have to make that clear in their advertising, but women have until now been able to go overseas to seek sperm donors. A new law passed in March 2010 has made this a criminal offence, punishable with one to three years in jail. Any clinics, doctors or patients who use, or encourage the use of, overseas sperm banks will face criminal charges. Clinics will be closed down, for three months at first and then permanently, if the offence is repeated. The regulation is covered by article 231 of the criminal code, which makes it a crime to conceal the paternity of a child. But Pinar Ilkkaracan, of Women for Women’s Human Rights, says it is a misinterpretation of another law intended to protect the inheritance rights of children. She believes the move reflects the conservative outlook on family values of the governing party. That same party tried and failed to criminalise adultery in 2004, and the Prime Minister has publicly called for women to have at least three children. The chairman of the Turkish Gynaecologists and Obstetricians Association said the new law was a huge step backwards. The number of women seeking sperm donors overseas was fewer than 100 a year, but he was worried about the implications in other areas, such as ethnically-mixed couples. The issue was discussed publicly in 2009 when an actress announced she had used a sperm donor in Denmark to conceive.1 1. Head J. Turkey bans trips abroad for artificial insemination. BBC News, 15 March 2010.
185
© 2010 Reproductive Health Matters. All rights reserved. Reproductive Health Matters 2010;18(35):182–185 0968-8080/10 $ – see front matter PII: S 0 9 6 8 - 8 0 8 0 ( 1 0 ) 3 5 5 1 1 - X
www.rhmjournal.org.uk
ROUND UP
Law and policy Buying sex, trafficking in women and now strip clubs banned in Iceland
Zimbabwe ruling party used rape against opponents
Following Sweden and Norway, Iceland adopted a bill in April 2009 banning the purchase of sexual services. This bill reverses March 2007 legislation that legalised prostitution under certain circumstances. A problem with the former legalisation was the connection with human trafficking, for which Iceland was both a point of destination and a transit country. The Icelandic government has gone back and forth on its response to these issues. According to the new bill, which was first proposed in 2000, anyone who purchases or promises to purchase sexual services can expect fines or up to one year in jail. If the person they are purchasing sexual services from is under the age of 18, buyers risk up to two years in prison or fine. The new bill will not criminalise the solicitation of sex (loitering for the purposes of prostitution).1 This year, a law banning stripping and lapdancing in clubs and bars was passed in March 2010. According to Icelandic police, 100 foreign women travel to Iceland annually to work in strip clubs. Some of the clubs are a front for prostitution. Feminists in Iceland appear to be entirely united in opposition to prostitution, and there is wide public support for the ban on commercial sex. A 2007 poll found that 82% of women and 57% of men supported the criminalisation of paying for sex – whether in brothels or lapdance clubs – and fewer than 10% of Icelanders were opposed. Gudrún Jóhnsdóttir of Stígamót, an organisation that campaigns against sexual violence in Reykjavik, said: “I guess men will just have to get used to the idea that women are not for sale.”2
Members and supporters of Zimbabwe’s ruling party committed widespread and systematic rape to terrorise opposition supporters ahead of elections in 2008. A report based on interviews with 70 survivors and witnesses documented 380 rapes by 241 members of President Mugabe’s ZANU-PF. All of the victims were supporters of the Movement for Democratic Change, the main opposition party. The striking patterns that recurred, including the mode and methods of detention of the victims, the types of weapons used on them and refusal of police to investigate, cannot be coincidental. Within Zimbabwe, both the police and the legal infrastructure are so seriously compromised as to make justice for systematic rape impossible. Existing Zimbabwean law does not allow for the prosecution of rape as an international crime. Yet several possibilities exist for legal accountability in the region, such as a civil case in the Southern African Development Community Tribunal, which would create a record of the crimes committed, help build the jurisprudence of this fledgling tribunal, and send a message throughout the region that impunity with regard to rape will not be tolerated. Several bodies could and should take action against Zimbabwe to restore justice and prevent further crimes against humanity, including the African Commission on Human and People’s Rights, which has a mandate to enforce the Charter on Human and People’s Rights, which Zimbabwe has ratified. Victims could also claim violations under the Protocol to the Charter on the Rights of Women in Africa. Continued impunity will be a green light for the next rape campaign.1,2
1. Sigurdardottir E. Buying sex punishable. NIKK Magasin 2009;2(Sept):6. 2. Bindel J. “Feminist energy permeates everything here.” The Guardian: Women (UK). 26 March 2010.
1. Cohen C, Latham B. Zimbabwe ruling party used rape against opponents, study finds. Bloomberg.com News. 10 December 2009. At:
182
Round Up: Law and policy / Reproductive Health Matters 2010;18(35):182–185 2. Electing to rape: sexual terror in Mugabe’s Zimbabwe. AIDS-free World, December 2009. At:
Torture and cruel treatment in health care settings Health providers in medical facilities, juvenile detention centres, orphanages, drug treatment centres, and so-called social rehabilitation centres are forced to withhold care or engage in treatment that intentionally or negligently inflicts severe pain or suffering for no legitimate medical purpose, according to an essay in the Human Rights Watch 2010 World Report, which summarises major human rights trends in more than 90 nations and territories worldwide. Health care providers are often constrained by government action or inaction to provide care that violates international standards. In Nicaragua, physicians risk criminal charges if they perform life-saving abortions. In India, the government has failed to take measures to ensure availability of and access to appropriate pain medications. Staff at drug “treatment” centres in China and Cambodia deny care for drug users in withdrawal and subject individuals dependent on drugs to forced labour or exercise in place of evidence-based treatment. Government physicians conduct forcible anal exams of men suspected of engaging in homosexual activity in Egypt and forcible vaginal exams to assess virginity in Libya and Jordan. Female genital mutilation is practised by lay midwives in Iraqi Kurdistan, as well as government physicians who dispute the negative health consequences. Health providers must understand how their actions can result in torture and illtreatment, and speak out more forcefully against laws and practices that compel health providers to be complicit. The international human rights protection system must also address statesponsored torture and ill-treatment in medical settings.1,2 1. Amon J. Abusing patients: health providers’ complicity in torture and cruel, inhuman or degrading treatment. In World Report 2010, Human Rights Watch. At:
Violence and gross abuses of women’s rights continue in Afghanistan Women and girls in Afghanistan suffer high levels of violence and discrimination and have poor access to justice and education. This report details cases of rights violations in five areas: attacks on women in public life, violence against women, child and forced marriage, access to justice, and girls’ access to secondary education. Since 2001, women’s rights have not been a priority and the gains made since then are now under serious threat. Women in public life are subject to routine threats and intimidation, which are not taken seriously when reported. Several high profile women have been assassinated, but their killers have not been brought to justice, creating an environment of impunity for those who target women. A nationwide survey found that 52% of women had experienced physical violence and 17% reported sexual violence, yet few report such. The barriers to justice are particularly formidable in rape cases. Surveys suggest that wives are under 16 in half of all marriages, and 70–80% of marriages take place without the consent of the woman or girl. More than half the women and girls in detention are being held for “moral crimes”, such as adultery or running away from home, even though the latter is not a crime in Afghan law or Sharia. Stark gender disparities remain in education with only 4% of girls enrolled in the last two years of secondary school. Recommendations include a large awareness campaign to ensure that rape is understood to be a crime, ensuring security for women candidates and voters for the 2010 election, and a full gender audit of all spending in Afghanistan.1,2 Despite a July 2009 law banning violence against women, violence is rife, rights activists say. In January 2010 domestic violence forced two young women to flee their homes in Oshaan village, Ghor Province, southwestern Afghanistan. A week later they were arrested in neighbouring Herat Province and sent back to Oshaan. One was publicly beaten for elopement, and the other was reportedly confined to a sack. Over 90 cases of self-immolation (women pouring fuel on themselves and setting themselves alight) have been registered at Herat’s burns hospital in the past 11 months and 55 have died. 183
Round Up: Law and policy / Reproductive Health Matters 2010;18(35):182–185
One woman did this to avoid being regularly beaten and insulted by her husband and in-laws. Another example of impunity is the case of the men who threw acid in the faces of 15 female students in Kandahar city in November 2008: President Karzai publicly vowed they would be “severely punished” but court officials say they are unaware of the case and do not know where the alleged perpetrators are. Over two years, more than 1,900 cases of verbal and physical abuse against women have been recorded in a database run by the Ministry of Women’s Affairs and UNIFEM, including the case of a young woman murdered in Parwan Province by her in-laws for refusing to live with her abusive husband.3 1. We have the promises of the world: women’s rights in Afghanistan. Human Rights Watch 2009. At:
New Spanish abortion law approved A Spanish abortion bill has been given final parliamentary approval and will take effect in June 2010. The bill decriminalises abortion and allows it on request up to 14 weeks, and up to 22 weeks if two doctors certify there is a serious threat to the mother's health, or fetal malformation. After 22 weeks, an abortion may only be done to save the woman’s life or for lethal or extremely grave fetal indications. The vote on the bill by lawmakers in December 2009 was 184 in favour, 158 against and 1 abstention. Under the previous law which dates from 1985, abortion outside certain strict limits was a criminal offence but was widely available from private sector clinics, who carry out most abortions in Spain. Prosecutions were rare but still happened; under the new law, they will not be possible. The new bill may be problematic for the small group of women unable to get late abortions in other European countries. One controversial aspect is that the bill allows 16- and 17-year-olds to have abortions without parental consent, as in Germany, Britain and France; however, minors must inform their parents unless doing so would cause serious problems, such as family violence or coercion. Under Socialist 184
Prime Minister Zapatero, who took power in 2004, Spain has also legalised gay marriage and made it easier for Spaniards to divorce.1 1. Spain OKs new abortion law, angers church. Associated Press, 24 February 2010.
Public support in Ireland for abortion law reform A YouGov national opinion poll, commissioned by Marie Stopes, indicates high levels of support for increased access to abortion in Ireland, representing a shift in public attitudes. Abortion was supported by 79% of respondents if the pregnancy endangers a woman’s health; 78% if the pregnancy is the result of sexual abuse, rape or incest; 87% if the pregnancy seriously endangers a woman’s life; 62% if there is evidence of profound fetal abnormality; and 41% if the woman believes it is in her and/or her family’s best interests. Only 3% felt that abortion in Ireland was not acceptable under any circumstances. The Irish Family Planning Association (IFPA) believes that the criminalisation of abortion in Ireland has little impact on abortion rates – it merely adds to the stress of women experiencing unwanted pregnancies. Abortion is currently legal only if there is a substantial risk to the life of the woman. Ireland is out of step with its European neighbours: 44 of 47 European countries provide for abortion on request and/or to protect women’s health. IFPA has called on the Government to face up to its responsibilities and stop forcing women who are experiencing crisis pregnancies to seek abortions abroad.1 1. Three-quarters of population favour liberalisation of abortion laws in Ireland. Irish Family Planning Association (IFPA) press release, 8 March 2010.
New teenage pregnancy and sexual health campaign, UK On 30 November 2009, the UK’s Department of Health, Department for Children, Schools and Families and the National Chlamydia Screening Programme launched a new campaign “Sex: Worth Talking About” to help young people make more informed choices about contraception, look after their sexual health and avoid
Round Up: Law and policy / Reproductive Health Matters 2010;18(35):182–185
unwanted pregnancies. Some progress has been made in recent years. The overall under 18 conception rate has reduced by 10.7% together with increased awareness of STIs and condoms. There are ambitious targets: reducing the rate of under 18 conception by 50% by 2010 and increasing chlamydia testing rates to 35% of 15–24 year olds by March 2011. An in-depth review of existing campaigns has been conducted to help develop the new strategy and communications approach. The campaign aims to normalise conversations around sex and relationships to create an open, supportive and informed environment involving health professionals, teachers, parents and young people. The two strands of the campaign “Contraception: Worth Talking About” and “Chlamydia: Worth Talking About” run across TV, radio, digital and magazine media and focus on raising awareness of the full range of contraceptive choices and the importance of chlamydia testing.1 1. “Sex: worth talking about”. Department of Health, Department for Children, Schools and Families, National Chlamydia Screening Programme. At:
Excommunicated doctor hailed by Health Minister for abortion for child rape victim, Brazil A Brazilian doctor excommunicated by the Catholic Church for performing an abortion on a 9-year-old rape victim received a standing ovation during a national convention on women's health. The event was hosted by Brazilian Minister of Health Jose Gomes Temporao, who called on the audience to acknowledge the “brilliant" work done by the medical team involved. The girl was pregnant with twins after being raped by her stepfather, who had been abusing her since she was six. Archbishop Sobrinho excommunicated the doctors who performed the abortion, the child’s mother and the medical team. The stepfather was not excommunicated, with Sobrinho saying: “A graver act than (rape) is abortion." The child was not excommunicated because she is a minor. The case outraged the public and fuelled a a debate. Brazilian law bans abortion except in cases of rape and to
save the woman’s life. The Health Minister said doctors must put law before religion, and President Lula said “In this case, the medical profession was more right than the church." Dr Moraes, one of the doctors, thanked the archbishop for his excommunication because the controversy shed light on Brazil's restrictive abortion laws. Some of the doctors vowed to continue attending church services, despite expulsion.1 1. de Moura, H. Excommunicated doctor hailed for abortion on child rape victim. CNN, 11 March 2009.
Turkey bans trips abroad for artificial insemination Artificial insemination is already illegal in Turkey and doctors offering fertility treatment have to make that clear in their advertising, but women have until now been able to go overseas to seek sperm donors. A new law passed in March 2010 has made this a criminal offence, punishable with one to three years in jail. Any clinics, doctors or patients who use, or encourage the use of, overseas sperm banks will face criminal charges. Clinics will be closed down, for three months at first and then permanently, if the offence is repeated. The regulation is covered by article 231 of the criminal code, which makes it a crime to conceal the paternity of a child. But Pinar Ilkkaracan, of Women for Women’s Human Rights, says it is a misinterpretation of another law intended to protect the inheritance rights of children. She believes the move reflects the conservative outlook on family values of the governing party. That same party tried and failed to criminalise adultery in 2004, and the Prime Minister has publicly called for women to have at least three children. The chairman of the Turkish Gynaecologists and Obstetricians Association said the new law was a huge step backwards. The number of women seeking sperm donors overseas was fewer than 100 a year, but he was worried about the implications in other areas, such as ethnically-mixed couples. The issue was discussed publicly in 2009 when an actress announced she had used a sperm donor in Denmark to conceive.1 1. Head J. Turkey bans trips abroad for artificial insemination. BBC News, 15 March 2010.
185