The Linacre Quarterly

Volume 36 | Number 3 Article 8

August 1969 : Part XIII Paul V. Harrington

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Recommended Citation Harrington, Paul V. (1969) "Abortion: Part XIII," The Linacre Quarterly: Vol. 36 : No. 3 , Article 8. Available at: http://epublications.marquette.edu/lnq/vol36/iss3/8 • ' ,i ~ ' .. ··. , . an obstetrician/gynecologist and medical expert who is affiliated with .·.,. .. 0 .,._ .;,,.'. other medical expert who · is a the civil courts. The role of the .,·_. cialist in the field of medicine doc ors is to confirm that a serious :~ ·-~) ~ -··: • t;oncei·ned with the particular indica­ complication in the pregnancy exists '· ' ... ;. .. .,. and this can be resolved with pr~ Abortion -- Part XIII at hand . .These medical experts ·_j.::·-:,:; . appointed by the Chamber of tection to the life of the mother only '· ·.. . Physicians. In the· Democratic Re­ by interrupting the pregnancy. A copy Rt. Rev. Msgr. Paul V. Harrington, P.A., J.C.L. ,.· ,f : • • public, the requests must be submitted of the authorization must be sent to .'It. · , to a Commission, which consults with the Council of Physicians. •.... ; ,t physicians, social service representa­ .. Because the law insists that there tives and members of the Union of must be a danger to the mother's life German Women. b) EUROPE: 1 enacted and section 14 of 1 .;; law before an abortion can be allowed, it is ., I' · provided for abortion on ~ dical understandable that the complication • 0 In studying the problem of abortion In the years immediately following indications and this excepti\ still must be a medical one -'- not eugenic ( ;" . , •' in Europe, one finds that the conti­ Second World War , there was a continues in force in all but tw· )f the or psychiatric - and it is not surprising nent may be divided into three parts states of the Federal Repub even 1• 1r1arlced increase in the number of or se·ctions, depending upon the type •-.a•hn•rtinns both in East and West that pulmonary tuberculosis was the though the provision for abo · Jn or involvement in one-half of the report­ ...... of legislation that is in effect. In rmany - many being done because sterilization for eugenic rea ~ s has I • •• ~ ed and cardiovascular-renal tJ!Il o, f I I southern and western Europe, the . alleged . However, many been repealed. In those tw tates, ;:... ~ ·..• :.-. laws, permitting abortion, are con­ la "c""d abortions in the period .. eugenic and humanitarian reasl s and, c) England and Scotland: Therapeutic abortion is done re­ 959 to 1962 was bout 800 or 2.7 per . . luctantly in these countries. in some instances, for social l econ· In England, abortions were con­ ,000 live births and remains about .. .. ' omic indications. In 1950, the ' 1W for trolled by the Offences against the same to this day. a) Germany: the Protection of Mother an( Child Person Act, which was passed in 1861. .: ~ ·. .: ' I: 4 ~ I ; I In Germany, the Penal Code of 1871 was enacted and this allo , s for This act did not define what an un­ , .

(section 2 18) prohibited all abortions abortion only on medical and Jgenic lawful abortion was but stipulated that .. '•. 0 without any exception. In 1935 , the indications. In France, the Code of Public unlawful abortion was a felony that Law for the Prevention · of Offspring th, which came into force on May was punishable by life imprisonment. Suffering from Hereditary Disease was In the Federal Republic (West 1, 1955 , regulates abortion. It stipu­ There was no exception in the law for - Germany), all requests for then.. peutic that a doctor can perform an a therapeutically induced abortion. abortions must be submitted to a 1a 11lDOJrho1n only if the life of the mother 0 • • However, in 1938, Doctor Bourne Chamber of Physicians. This boJy will seriously threatened and then only • 0 .J· ··· Msgr. Harrington is Vice-Offic(alis, grant the permission only al ~ e r re­ consulting with two other aborted a young girl who was allegedly raped and became pregnant, pre- the Archdiocese of Boston. . ceiving the written reports submi tted 1• «1toctors, one of whom must be a . ·-.. ',. I <\ f '··· 174 Linacre Quarterly 175 ''I • I sumably by reason of the rape. The · The parliamentary fight for " )rtion Norman St. John-Stevas, a Catholic emotional response , this is the glamor t ..: - : ·· : . ,..' ~ ~, I ' 'I ~ • • doctor was charged with the com-: reform began in England i· July, conservative member of Par­ issue. It was withdrawn for a very mission of . a felony and Justice 1966, with the introduction c a bill t , led the opposition both inside specific reason - "rape is so easy to ." Par- Macnaghten, in the famous case of by a young liberal member outside the Parliament. allege , so difficult to prove, and so ,· ... ,· Rex vs. Bourne, was of the opinion liament, Mr. David Steel. 1 bill outside the competence of the average . ;,···,·. .:... ~ ··.·:~:.: that, in accordance with the Infant would have allowed the inter ption Outside the Parliament, he was able, doctor to determine that the provision ..... Life Act of 1929, an abortion need of pregnancy in four instances: his weekly column in the concerning it would be practically ·~ .' ;~ ~. .. not be unlawful if performed in good I) when the continuance _. the .... ,... Cl.Jllv~ic Herald, · to alert the Catholic unworkable." faith in order to protect and save the -; risk ••1 •"" ...... ation as to the issue its gravity ( pregnancy would involve serii After the debate had been conr '· life of the mother. Thus, the Judge ) the to bring them together to form an to the life or grave injury pleted, the bill, as approved and held that "if the doctor is of the · the opposing force. Individuals, who were physical or mental health adopted, recognized abortion as a opinion .... that the probable con- re or against easy abortion , formed a society pregnant woman - either be crime but allowed it under certain sequences .... will be to m~e the after the birth of the child; for the Protection of Unborn Children. woman a physical and mental wreck, This was an organization of Catholics specified and determined conditions. t .... , , •' the jury is quite entitled to take the 2) when there is substant: risk non-Catholics but no member of This fact is important - that abortion view that the doctor .... is operating that if the child were born it .rould he committee was a is basically considered to be a crime - for the purpose of preserving the life suffer from such physical or .ental because there is a substantial recogni­ andi- tion of respect for the sanctity of life. of the mother." abnormalities as to be seriously I ' ' ··:· •' capped; The first two categories were ~·..... :... ::. Doctor Bourne was found "not 1an's accepted as presented except that the guilty" of the charge and a legal 3) when the pregnant W \ erely words "serious" and "grave" were precedent was established for capacity as a mother would be S( overstrained by the care of the c: ld or eliminated from the first category. In abortio"ris in England. this final form, they are virtually , . '•' of another child as the case may ~ ; . ·.. ..· identical to the provisions of the ..,·,. . . Despite this precedent, the British Public debates and meetings were 4) when the pregnant womru .vas a ~dern Penal Code, presented by the medical profession remained very con­ by the opponents to the Steel defective , became pregnant .vhile American Law Institute . . As a result, a petition against the servative both in its position on under the age of 16 or as the rE .tlt of was drafted, which demanded that abortion and in the performance of rape. The third category - relating to the them. In 1958, in the National Service royal commission be established to pregnant woman's capacity as a Hospitals, about 1600 interruptions of When this bill first came befc e the •• nvesti:gate all facts and conditions · mother and the element of overstrain pregnancy occurred. In 1964, this House of Commons, it was passe by a rning the present abortion situa­ by the caring for this new child - was vote of 223 to 29. This majorit . :;arne and this petition attracted the number increased to about 3,300 cases referred to as the "social clause" and "··· .. • ,... ,: . which represented a ratio of 3.8 per as a distinct surprise to thos.- who tures of 500,000 people. This was most of the debate and opposition was .. ,...,, were opposed to easy abort' .n in llldtirnately presented to the Prime - , 1,000 live births. centered about it. The proponents I'! England and the opposition w nt to IP1linister. considered this to be the most inr However, in private nursing homes work to salvage what they co· 'd by .. portant and essential provision for the '•' and in the offices of gynecologists or amending the original bill. the Parliament, Norman St. liberalizing of the current abortion .... ' surgeons in and around London, it is ....,unJri-~tevas organized . a non-partisan laws, since it would constitute the Because the number of Cathc ·cs in estimated that 10,000 illegal abortions of Catholics and non-Catholics basis in law and provide the right for .:·.. ·.. :. England is not large and because there ~~I • ~ ~ ; are performed. vigo·rously opposed the original every woman to. demand abortion on was a mood for some reform am1 some and worked for its amendment. request. There was nothing medical or modification' of the existing ab ,rtion Just in passing, one might mention health-relating about this provision statutes, it was decided, by those During the parliamentary debate, the status of abortion in Aberdeen, and thus it became the target of the opposing easy abortion, that their Steel and his co-sponsors with­ Scotland. Because of the very liberal various medical societies. ·• · views concerning the interruption of most effective strategy would b ~ not from consideration the fourth pregnancy of a certain Sir Dugald to launch a total opposition o all tegory for the allowance . of The social clause underwent two I ' • • Baird at the University of Aberdeen reform but to adopt a mo<:erate rtion. It is interesting that the modifications. At first, the reference ' and the impact his position has had on position whereby they might ho}Je for IP ectJton permitting an abortion for rape to the strain on the maternal capacity p ../-··. · ' a final bill that was well drafted and removed because, from the point was removed· and a substitution was the citizens of that area, the ratio of : abortion to live births is 20 per 1 ,000. limited in scope. view of propaganda value and made allowing abortion when there ..

176 Linacre QuarterlY 177 ·' . ~ ... in their propaganda, always More liberal laws just will not put . -~ •. ' ',:. have a basic respect for the san ity of was risk to the "future well~being of the 2,000,000 figure - they the c rirninal abortionist out of ~ -., human life and do not wish to e this ' herself and of the child or her other make reference to the 200,000 business and just will not eliminate .... respect violated by allowing v Jrtion .. children." Secondly, another clause illegal abortions. :: ··~ ·~ .;- '· ' ... was added whereby in determining for elusive soCial and personal asons '. ~ , ( whether or not there is risk to health and that these forces can be m i. ·ilized 'J• :··.,:.t.: The new English bill has been in . .... ~ .. : or well-being "account may be taken into very effeGtive opposition 1 ultra- Another interesting observation of effect only since May, 1968, but an of the patient's total environment, liberal proposals. St. John-Stevas has reference :. ·. ~ : ' . article, written one month after the I ~ t e • ·• actual or reasonably forseeable." Norman St. John Stevas • narks the effectiveness of liberal abortion in decreasing the number of effective date of the bill, indicates that .·.-.1 Ultimately, the word "well-being" that "the English debate she 3 the "already there has been an appreciable was struck because this referred folly of rushing into legislatio with­ abortions: "Even less work had done to quantify the likely effect increase in the demand for abortions." primarily to social provisions and not out adequate investigation of 1. facts This article expresses the fear that the to health situations. In the final form and discussion of the issues. It came the number of legal and illegal number of illegal abortions will be '. I •; this category provided for abortio~ clear after the abortion bill h :. been of the passage of the bill. is all the more surprising since it substantiaily increased because of when there was risk of injury "to the introduced that no one had y re­ three conditions: the lack of sufficient physical or mental health of the liable information about the ill ience one of the principal contentions the supporters of the bill that it beds in the National Service Hospitals pr.egnant woman or any existing of illegal abortion and that th· ,tatis- l• fould reduce the number of illegal and clinics; the limitations placed by children of her family greater than if tics about legal abortion we also ~ '..', .: •• •hnrt'''"". Such evidence as there is the bill on the conditions for which the pregnancy were terminated." In inadequate. Many estimates were lllllllOH;ates that no such effect is brought abortion will be allowed; and, finally, this form, the stress and the emphasis offered, in the press and elsewl re, of by reforming statutes that the unwillingness of women to have was on the health issues and thus the number of illegal abortions aking llftternpt to regulate abortion rather their names registered in the Ministry became acceptable to the medical place each year; the most i pular liberate it from the law. Legal of Health as having submitted to an societies who vigorously opposed the figures ranging between 50,0l and illegal rates tend to rise together as abortion.2 allowance of abortion for non-medical 100,000, but on examinatior these · -·~v~. -~ becomes an accepted practice reasons. turned out to be nothing bett. than ....·, used the community. Mothers who find It has been reported that, up to the Further safeguards were also written guesses. Newspapers constantl. were do not come within the terms of present, about 40% of the abortions into the bill that was ultimately the figure of 100,000 but the s es­ statute turn once again to the have been performed in private nursing adopted: the opinion of two registered merely reproducing each ot h ~ timates. The source of this 'igure abortionist. The only way to homes with the evident result that the medical practitioners is required for profiteering abortionist, who was appears to have bee.n propaganl pub­ l.. tbollish illegal abortions is to remove the verification of the necessary con­ sanctions all together." . supposed to be put out of business by lished by the l form ditions; the Minister of Health is to be a liberalizing of the law, is very much Association ..... The Frequen .1 of notified by the doctors of each and "in business". Illegal Abortion' .... suggeste< that every abortion; abortions can only be ' ~.:. to be ...-. performed in National Health Service the figure was much more likel· warning very seriously because we The Observer, England's national . , ' ~ Hospitals or other places approved by 10,000 a year." told by the proponents of liberal .. .. Sunday paper, notes that abortion is the Ministry of Health; a conscience This is so reminiscent of our ! · ~ sent •• sahn•r+i'on laws that a change in legisla­ virtually available on demand and that clause was inserted to protect from experience in the United State The will eliminate both the illegal London is fast becoming the abortion .... ' ·legal action any doctor who, by reason figures for illegal abortions i: our llblhn•·._;·on and the professional illegal mecca of the West. The newspaper of conscientious objection, refuses to country each year vary from 2l J,OOO onist. Yet, in the statute suggest- points out: "London not only has : perform an abortion. to 2,000,000. The very fact thai there by the Modern Penal Code, which . ~ .~ · ; ' more legal abortionists at work than is such a wide variance is proof tl 1t we allow abortion when the The English experience clearly any other Western city but many of have absolutely no reliable knO\ .ledge IDother's health or life is threatened, demonstrates that even when pro­ them who are in private practice are · as to the frequency of illegal ab ·rtion When there is danger that the child '; .. ·~ ponents of easy abortion or abortion actively looking for business." and we should not attempt, by :(bera­ might be born defective or handi­ .. . on request or demand attempt to -lizing the existing laws, to S( !ve a capped or when the pregnancy re- legislate their preferences, their efforts There has been a twelve-fold in­ .. .· problem, the extent and sc o j~ e of Sl:Jlted from rape, only 15 percent of ·. " can be seriously restricted or limited which, we do not know. would be legalized; the crease in abortions in Landsdowne by the amending process. It also points remaining 85 percent would continue Hospital, Cardiff, Wales, under the ;. '1·' ·:· ' out that most cultured and civilized Also, it is interesting to note that to be illegal. new law.3 people - Catholic and non-Catholic- the proponents of liberal abortion

179 178 Linacre QuarterlY Time Magazine of March 7,- 1969, at the Fourth International ·)ym­ Member of the English trary to the ordinary presumption of evaluating the relaxed British law, posium on Life, Rhythrr. and liament spoke of the open and very innocence until guilt is established. states: " .... it has swamped physi­ Abortion, held in Chicago in 't.. pril, i b 1e advertising in magazines Sec9ndly, she noted that, in a recent cians and· produced some socially 1969, she stated that the new w in 1hr10Ul~hout Europe and in transit ads meeting of the Royal Academy of --: '.) - ~ . ~-;· divisive results. It has also turned Britain is so broad and so pen .ssive England of where to obtain an Nu·rsing, there was a report that the '· ' ... ; . ~ .r . London into the abortion capital of that almost any woman who w ~ ts an ·on in London and how to morale of the student nurse is being j. :_··:.:::·-:. the Western world." Mention is made abortion could qualify under · te or for it. shattered by the prospect of facing in this article that 10,000 legal other of the available categories. abortions in the operating theatre. . ' abortionist never sees his . . ~ ' abortions, under the Bourne decision, '·It . · "patient" until he prepares to terrni­ By reason of the performance of the were performed prior to the liberaliza­ She declared that most ( the .-. tion of the law in 1968." In the first doctors in England are conscil :ious her pregnancy. He knows nothing new and liberal abortion bill in men, who consider very serious} their her past medical history or her England during the first eight montr~s eight months under the new law there ·,,· 1 , . . ~ were 22,256, and it is expected that having taken the Hippocratic )ath, • •~ •~•"+"'r" of previous pregnancies, if any. and because of th~ present climate, she the total for the first twelve months promising to protect life, and ~ ~ not takes his fee frrst - in the ·early appealed to all of her audience to will go to at least 35 ,000,· possibly to · a bout to become involved with , while a girl was supposed to be become interested in the problem, to 50,000." This obviously represents a abortions. It is difficult in plac. like l ~resting after the abortion, she left become involved in the effort to 1a ,IVltt1out presenting the usual stipend. oppose current bills that seek to triple . or even a five-fold increase in Birmingham and Liverpool to ~ d a .·.. ' • legal abortions in just one year. Gyne­ doctor who will agree to an "doctor" never sees the patient liberalize the abortion statutes in the

~ • • • • 0 cologists are particularly unhappy abortion. Thus, abortoria hav ~. been he has destroyed the life and, several states, to become organized - . : about the present situation because established in London and th( ' are 1a 1the:ref1ore never knows how the so that the shameful mistake and ·.. ::.:·-.::_.. there is an already existing shortage of staffed by commercial abort lists, 1&11»8tient recuperates - whether she lives tragic plight of England will · not be whether she dies - what compli­ ' I ' hospital beds, too many are being used each of whom perform up to hlrty repeated in the United States. ,• for abortions and there are not abortions a day for a standard )e of she . may experience or what I . : • ~ ~ t adequate facilities for the legitimate ISO pound sterling (about :> 375 the morbidity will be. The experience 2) Northern Europe: gynecological problems. "They (the American dollars) - payable ad­ ofless than a year has manifested the As mentioned previously, the laws .. gynecologists) find themselves vance. It is obvious that, in th con­ sual and now-to-be-expected and the abortion practice in Northern .., / spending half their office hours passing text and with this arrangemer the l al~Orrlpli'cations - medical problems, Europe are more:liberal than Southern ' .' judgment on patients seeking abor­ poor do not have much char ~ to ••'t''"'''"'u.ure labor, cases of an incom­ and Western Europe but more con­ tions and half their operating-room secure an abortion. Yet, the opa- ••·tllP.TIF'!nT cervix and sterility. servative than Eastern Europe. time performing them. This, say some ganda, favoring liberalizatir of gynecologists, is not the type of current abortion statutes, always d ers This report on the English exper- - a) Sweden: ience also mentioned that, in the short practice that they chose or for which to the discrimination in favor • .· the In Sweden, a law was passed in 1734 ~ .··. . they were trained." rich and against the poor der span of eight months, there have been which made induced abortion·a capital . .·· "' present law and the equality of l >por­ cases of young girls - aged 14 and 15 crime. In 1890, the penalty was re­ In summarizing the situation after tunity for abortion for the .>oor, years - who have been aborted more duced to two years at hard labor and eight months, Time magazine con­ which will result from a change ·1 the than once. in 1921 , the penalty was again lessen­ cludes: "At bottom, what is most law. ed and therapeutic aboition was .. . • ' distressing to the protesting doctors is Mrs. Knight provided two important acceptable under the law. In 1938, an the fact that some of their colleagues With shame and personal em observations: first , because of the entirely new law was written .which .... ' are making a lot of money out of barrassment, Mrs. Knight classifi .i her existence of a liberal law, women feel recognized sociomedical, humanitarian abortions in London's private Harley native country and its Capital City, that they have a "right" to have an and eugenic reasons as permitting Street hospitals and suburban nursing London, as the "Abortion mi: '' of abortion and they consider that they abortion. This new legislation was homes." Europe with daily trains fror_ the also have the right to sue a doctor who further liberalized in 1946 and in 1963 suburbs bringing women into L' Jdon refuses an abortion. Recall, there is no to include as a rea.son the likelihood of "for a day of shopping" and rett ming conscience clause in the English law, Mrs. Jill Knight, a Member of forseeable maternal weaknesses or the ',. Parliament in England, and a staunch -them to their homes that same Which exempts a doctor from per­ strain of giving birth and caring for the opponent of abortion and abortion­ evening. She also referred t< , the forming an abortion for the ordinary riew baby. law reform, gave some very interesting chartered planes that bring w )men and . usual reasons. Thus, if he is sued, .' • and useful factual insights into the he is pre~umed guilty until he proves The preset:tt statues · permit an in­ .' . from Paris and Hamburg in sear .... h of .. .. . ). ·. present situation in England. Speaking his innocence. This certainly is con- terruption of pregnancy: an easy abortion. . . .. '"·\ ' 180 Linacre Qua terlY August, 1969 181 1) when, because of illness, physical operation to be performed ur; the met .. These women who go to Poland defect or weakness in the woman, the end of the twenty-fourth week . While Sweden may be regarded as birth of the child would occasion · a a fairly liberal law, there is a either have been refused in Sweden or scientious effort made to enforce just wish to escape the demands of the serious danger to her life or health; Where an abortion is pe ··rmed ·: ·.~ .. ~ ~ ..~ law and to insist that the require­ law. '· ' .. because of the danger of tran: ission I ' .. If ~ 2) when, out of consideration for of insanity, feeblemindedt ;s, a ts of the law for reasons and jt.: ·.·: ~.:.. .. It is of concern to note that in . ·.. '.-: the woman's living conditions and serious disease or other seriou Jhysi­ lllatcattons be met before permission rnid-1966, the police security chief of other circumstances, it may be cal defect, the physician )ually abortion is granted. In 1962, when Stockholm became anxious about ' ·. ~ : ' . assumed that her bodily or mental secures the woman's permissic to be ,600 authorizations were granted, 39 I . ' I ' ~ • ' ·, Swedish women who went on strength would be seriously impaired sterilized. I IR)erc~ent of the petitions for in­ ,-. .' · by the birth of the child and the care lalernJption of pregnancy were rejected. "package deal abortion holidays" to of the child; It is estimated that 38 percen ,f the Poland because of the danger of black­ women apply for and are all . 'ed a generally admitted that the mail by the Polish authorities, since 3) when the woman has been made second abortion. Not infrec; mtly, or criminal abortions have great­ the interruptions of pregnancy outside pregnant under conditions of rape or of, beyond and against the law are ' . ' sterilization accompanies a cond increased along with the dramatic I··~ . •' offences against decency and has in­ abortion. In the period 1946 t· 95 1, in legal abortions. The liberaliza­ crimes in Sweden and this fact could volved a gross disregard of the more than 25 percent of a. legal of the laws obviously has not be urged against the women and woman's freedom of action; abortions were accompanied b ~ terili­ ated the illegal abortion but has jeopardize their security and safety .4 ~ ... . zation and when it is consider( · that ly increased the total number of "' ': Since the liberalization of the law 4) when cause can be shown that with the double operation, the ' )rtal­ abortions performed each year. The . :' ,· does not extinguish illegal abortions .... { ~ ',1 ::. the woman or the father of the ex­ ity rate is (our times greater tha· Nhen ralized law will allow some women and since the increased number of .. . pected child might transmit to the abortion is done by itself, this ; pears interrupt their pregnancies who offspring insanity, feeblemindedness, a illegal abortions is equal to, if not to be a very drastic measure it ·)rder • .-..rv~o~JLu not resort to illegal operations. serious· · disease or other · serious to avoid future interruptic . of greater than, the increased number of physical defect ; pregnancy. With a liberal law, what prompts a legal abortions, the real effect of to seek an illegal abortion? liberalization, even on a moderate '1. i . 5) when cause can be shown that In Sweden, about 85 percen >fall reasons are given: since the law basis; is almost to bring into concrete the expected child, because of injury, , legal abortions are authorized · the strictly enforced, the condition of actuality a program of abortion on incurred during fetal life, might suffer Royal Medical Board in Stoc 10lm women would not come under request or demand. It is estimated that from a serious disease or serious and the permission is given ' the statutory provisions permitting there are about 12,000 illegal abor­ physical defect. basis of a written report by a ph, ician · - Jlhn1rttrln; some women have requested tions a year in Sweden. This is almost who has examined the woma1 The abortion but have been turned double the number of legal abortions Very recently, the government of remaining 15 percent are permit d on •• •1nu1n; some women do not wish to be in the year, 1965. If the legal and the ... .. Sweden has appointed a commission the authority of a certificate sig; ·d by llllnvoalved in the examination and pro­ illegal abortions are added together, ·~ ·:· ·~·~ · of experts to study and to evaluate the two physicians. cedural delays accompanying the re­ the total of abortions of all types ...... , abortion climate for purposes of t for authorization; some women would be about 18,200, or a ratio of • , f • The number of legal aborti1 lS in .... recommending a further liberalization not wish to be identified and they about 150 abortions per 1,000 live .. Sweden increased from about '~ iO in of the law with respect to abortion. feel that the procedure to obtain per­ births. 1938 to more than 6,300 in 19 ~ . and ... mission for a legal abortion invades ... . . With a few minor variations, the the ratio of abortions per 1 ,OC live b) Denmark: their privacy. ' .: ~·. .: ' . above law for the country of Sweden births increased during this r :riod The change in abortion laws in .~ · ; is found also in Denmark, Finland and from 5 to 57. The number of legal It is probable that the liberalization Denmark begari in 1 939 and new . abortions dropped to 2,800 in 1960 of the laws in Sweden has created an legislation was added in 1956. but increased again by 1965 to t 2-:J-5 , ''abortion mentality or mood". There '• In Sweden, the termination of ·which represents a ratio of 51 legal . ' is evidence of a sizeable number of Doctor Trolle reports on 5 66 abor­ . • I ; . pregnancy on grounds other than ill­ ~ abortions per 1 ,000 live birtl ). A Swedish women travelling to Poland to tions which were performed at the ' . :•' ness or physical defect in the woman ·preliminary report for the year 1966 have an abortion which would not be Rigs hospital in Copenhagen between may not be carried out after the I ' • • indicates that the number of legal permitted in Sweden. In this latter 1942 and 1948. The age of the twentieth week of pregnancy. The abortions has jumped to 7,700 - an country, pregnancy is interrupted on patients ranged from 14 to 49 years. .' National Board of Health may, how­ ;,. .J. •.• increase of one-fourth over the year request or demand - no reasons need More abortions took place in the ever, for special reasons permit the 1965. be given ; no requirements need be earlier years of the survey as compared : ....

182 Linacre Quarterly 183 to the later period. As to the status of Sterilization accompanied ,_ )rtion ons of an ethical nature, or of tion and their vote must be unanimous the patients, the ·survey reports that in 2.5 percent of the cases. reditary and possible defect are pre­ before permission for abortion is ., ·, 62.4 percent were married; 27 percent ' There is no time limit imposed given. the law when medical or soci­ :: ·.) ..·~ .;· were unmarried; 8.3 percent were In 4 77 out of the 5 66 c' ;, the t, ' •. cal reasons are offered and, in 1' t11 ' divorcees and 2.3 percent were interruption of the pregnar1 was ~· :•': ':t: . t cases, abortion can b.e per.:. . ·... · .. : widows. accomplished by dilating th< ~ e rvix Vera Skalts and Magna Norgaard, d at any stage of pregnancy. and emptying the uterus. In 1 per­ officials of the Mothers' Aid Institu­ With reference to the indications for cent of these cases, complicat 1. s did tion in Copenhagen, have stated that which the abortions were performed, where an indication other than I , I occur: fever, tearing of the .~ rvix, Denmark, most abortions are (' DOctor Trolle states that 52.7 percent · hemorrhage, thrombosis and . rfora­ performed because of medical in­ medical threat to the life and health of were for psychotic depressive states; tion of the uterus. Hysterecto '( was ns · and these include ·three the mother is presented, the woman should receive information about . 20.3 percent were for general medical . used where the interruption o urred e categories of complications: indications; 13.8 percent were for later in pregnancy or where ~· riliza­ convention conflicts, where the alternate solutions to the existing medico-social indications; 10.8 percent problems beside abortion and attempts tion accompanied the abortion pregnancy or the birth of the child , ;• .. · ' were for eugenic indications and 2.4 would run counter to the customs of should be made to resolve the prob­ percent were for ethical considera­ lems and avoid abortion. This is a In addition to the usual cor 3era­ social group to which the pro- tions. more positive approach to the solution tions for abortion, as set forth l the pective mother belonged, e.g., .~ · •... ofpersonal and familiar problems than ,. . : legislation of the Scand: 1vian I •JilleJ~itimalCY in a married woman ; the i l , For purposes of understanding this relying on the negative and de structive :' ,• ss syndrome, which would refer to ;,.,. . :· .~:·. survey, definitions of conditions and countries, the law of Denmark l' ·mits nature of abortion. Both of these more or less chronic conditions exist­ o I ' · what they comprised and included is the interruption of pregnancy the officials have repeatedly stressed the before the pregnancy and would be .:··, ; important. General medical indications induction of an abortion is ne: :;sary undesirability of abortion as a solution ...... ommonly found among many , ~ ~ ."' included psychoses other than to avert a serious danger to the fe or · o~·' · d women who have several to social problems and the necessity to psychotic depressive states, which was health of the woman. In OJ I r to try to persuade women not to submit evaluate this danger, an appre 1tion l• :hildn:m and suffer because of marital a category by itself, tuberculosis, to abortion. Practical help and con­ shall be made of all the circum•, mces 1•:11K'oblems or housing; the stress syn­ cardiac disease and various obstetrical structive support should be provided of the case , including the con1 tions of housewives, which would conditions, e.g., vesico-vaginal fistula to women who are carrying unwanted and previous difficult labor. Medico­ under which the woman will h re to l l ~ncllJde social, financial or housing ··' . lems, on the one hand, and a fear babies and these prospective mothers .' :~ .. , social indications usually combined live , and consideration shall be yven reduction in the standard of living should be encouraged to carry their :•. · .'~ . poor health and circumstances such as not only to the physical or ; ~ ntal on the other hand. unborn children to term. They note ~ : .; multiparity. Eugenic reasons usually illness, but also to any actl 1 or .. . "that a number of women in an ' .. potential state of physical or 1 .mtal referred to hereditary disease, RH in­ originally unwanted pregnancy can be compatibility and rubella in infirmity." encouraged to change their minds and . ' "· · If the abortion is to be performed . · ·~~ ' · ' .-,., .. pregnancy. Ethical considerations are because of a threat to the life or health carry through their pregnancy; the . • .! , . present in cases of rape, incest and The Pregnancy Act of 195 6 : ided ~ the mother because of a specific Centers are convinced that a much llfl l' • . pregnancy under the age of 16 years. the ground for abortion wher1 the disease, no complicated procedure is greater number ought to be helped and It is important to note that, in this mother was judged unfit to take could be helped if satisfactory means necessary; the authorization can be ...... category, there is embraced a preg­ proper care of her child. Tl s is given by the chief of service. But if of help and support were available." nancy, resulting from an unwanted basically a social indication and some other indication or reason is intercourse, and a pregnancy of a girl considers the welfare of the child ore ~· ; offered, the matter must be presented of • • •I under 16 years of age which may have than that of the mother and is con· for permission and authorization to The Danish system attempts to resulted from an intercourse in which · cerned with situations in whicl 'the the Mothers' Aid Institution; More interest the woman in delaying her the girl was a most willing and coop­ prospective mother is mentall ~ re­ than 20 of these committees are lo­ decision to have an abortion and to erative partner. tarded or mentally ill. This indic . ..tion cated throughout the country of reconsider her request in the light of can be humiliating to the woman. counselling and the availability of In this particular study, 48 percent Denmark and several are found in the social services that could assist her in of the abortions were performed capital City of Copenhagen. They The Danish law provides that consist of a psychiatrist, gynecologist solving the · personal and familiar before the third month; 35 percent problems that make the present were carried out before the end of the abortion be performed before the ! 6th and social worker, who conduct a thorough medical and social investiga- pregnancy unwanted. fourth month. week of pregnancy when the in·

August, 1969 185 184 Linacre QuarterlY ,1 • f Time to think and reconsider is per 1 ,000 births. There were 5 )0 in as a solution to personal, family There is no estimate of the number _·.. ::. .:·· :. 1955 with an increase in the r io to social problems, should be coun­ of illegal abortions in Finland. '•,, ...,. important and necessary because the •'· 70 legal abortions per 1 ,OU live d about alternate solutions and original decision to seek an abortion ,". ) .,,;..; births. The mimber__ of legal ab· tions be discouraged from having an ' " .' may have been made hastily, in panic d) Norway: •. ' ... or while in a depressed state. The dropped to about 3,970 in 19· but .-. a"t'r'~'''""". This is a very positive and ,· '·'' Norway legislated with reference to ~ · : : •': ·~.t:. depressions which are found in the the trend has increased and in 965, constructive approach to the .'·.'.. : early stages of pregnancy are usually the number of legal abortio was unwanted pregnancy. abortion in 1960 and this statute merely recognized as the law what had : >:.. not deep and if the petition for 5,190 and the ratio was 60 ab· cions .~ ~ . ' ' become the accepted medical practice abortion is rejected or the counselling per 1 ,000 live births. ~) Finland: . ' over a long period of time without services are used, the panic and de­ A liberal abortion statute was passed As in Sweden, even with a mo rate­ legal approbation. In 1899, the De­ . ' pression usually disappear. This is the in Finland in 1950 and allowed in­ ·,·· . ly liberal abortion law, illeg a. 1bor­ partment of Jus tic of Norway indica­ . .. ~ opinion and conclusion of Doctor terruptions of pregnancy for medical, 1 ' tions have not disappeared; the ave ted that abortions, performed by Henrik Hoffmeyer, Assistant Super­ eugenic and humanitarian indications. not even declined and it is pr 'able physicians on medical indications, intendent of the State Psychiatric These latter indications .would refer to ...... • ' that they have increased. legal would not be challenged as illegal. Hospital in Copenhagen. Whi1 forced or statutory rape and incest. abortions number about 5 ,0( per Since the mid 1930's; eugenic con­ This law was similar to the law of siderations have been considered by He notes also that suicidal threats or year in Denmark, it is estimat( that Sweden and Denmark. With reference :Jout the doctors as the equivalent of -.•... superficial suicidal acts are often the illegal abortions number to eugenic considerations, the statute , . : 15 ,000 or higher. If this is true medical indications and, therefore, merely connected with the appeal for mentioned only the hereditary trans­ approximation there are three b ;! S as sufficient grounds for interrupting the a legal abortion, because the women, mission of mental disease, mental many illegal abortions as the are pregnancy. . .. . in whom suicide is a real danger, deficiency and other severe illne-ss or legal abortions and both catf )ries · seldom . ~ee a doctor or consult the defect. Mothers' Aid Institution. combined indicate there are = ,000 abortions per year, which rep sent In Norway, under the new statute, a The procedure for obtaining an termination of a pregnancy is allowed about 235 abortions per 1 ,OC live Doctor Hoffmeyer seriously believes . is not complica­ in order to avert "a serious danger to births - a very significant loss < life. that legal restrictions and delays in ted. The application must be approved the woman's life or health. In the .. i ~ ' The startling conclusion is th. for handling applications and in author­ by two physicians - one of whom is evaluation of the danger, any special ·.! every four pregnancies tha· are , ·: f izing abortions serve a very useful and to be a gynecologist or a surgeon on disposition of the woman for physical allowed to go to term and pr duce . ::~~.1 valuable purpose because, on the one the permanent staff of a hospital and or mental illness shall be taken into ·: .· · living children, approximately one . ;; .; hand, "unlimited abortions or abor­ the second is to be drawn from the list account as well as her living conditions pregnancy is interrupted. tions for social reasons would expose of medical specialists, .which is es­ and other circumstances which can some women to a danger that they The Institute of Human Genel .;s at tablished by the State Medical Board. make her ill or result in damage to her could be subjected to pressure from physical or mental health." •. ~ . the University of Copenhagen utin­ ~.. the husband, the fiance, or other In Finland, the interruption of the ... tains evidence of hereditary d1 r'ects • ' '!- relatives" and, on the other hand, if which can be used if a request is nade pregnancy must occur before the end women acted too hastily in seeking or of the fourth month. The Norwegian statute of 1960 ex­ for an abortion on eugenic groun· ~ - having abortion, they could live to tended the understanding of eugenic indication so as to include damage or .. .. . regret it. In September, 1967, the Minis ~ r of In 1951, there were 3,000 legal Justice, K. Axel Nielsen, appoin 2d a abortions, which represented a ratio of disease acquired during intrauterine ~ · ; ' In 1963-1964, two-thirds of the committee to examine the \ ole 32 interruptions per 1 ,000 live births. · life. This is a new concept since , in the other Scandinavian countries, eugenic applicants for abortion were married; problem of abortion and to inves!! gate This increased in number to 6,200 in reasons referred only to the trans­ twenty-four percent were unmarried the possibilities of legal abortioa ·on 1960 or a ratio of 75 abortions per · mission of hereditary mental defects, and ten percent were divorced, sepa­ demand. 1,000 live births. This number and .;· ' · . rated or widowed. ratio reflects more than a doubling of or other serious illnesses. These would ... What is unique and interesting · . out legal abortions in a period of ten years. be passed on, if at all, at the moment In 1939, there were about 500 legal the experience of Denmark is the The . number of legal abortions de­ of conception or fertilization and I ' • 4 in would not, in any way, refer to con­ abortions in Denmark. Between 1940 recognition by the Mothers' Aid Insti­ clined to about 4,800 1965, which ' ... .,J· ·: and 1956, there was a 700 percent tution that an abortion is a deplorable would be 61 abortions per 1 ,000 live tamination or involvement of the fetus increase, with 49 to 54 legal abortions event and women, considering abor- births. during pregnancy.

186 Linacre Quarterly August, 1969 187 ,i ~ ·' 00 t ' 1 ' Like the situation in Finland, The conclusion is inevitable frc ' the n the Northern European countries, becanie the ffrst major world power to ··.. ,.. ' . authorization for experience of many countries t1 t the legal abortion rate varies from allow abortion at the request of the I I'· ,·.::: is given by two physicians. One of original liberalization of abortio laws percent to seven percent, i.e. , · preg_nant woman. This was supposedly '1 . ~ ':-'-~ . <'. introduced by the government as an these must be a gynecologist or staff is only a temporary stop-gap i, in 3 abortions per I 00 live births to '· ' ~ .r' surgeon and the second is appointed time, will necessarily lead tc even -~"'"• ... -tr.n.nc per I 00 live births. indication of its desire to emancipate f. ' J : ··~ ~-t·.: by the county health officer and must more liberal statutes and ultima y to women, to give them equal rights,. ·.,~,.,' be expert in psychiatry or social abortion on request. It is foolha y, in among which was the right not to give One final reflection is that the death ·, 1 ~ ' • medicine. face of the evidence, to thin that in the Scandinavian countries for birth to an unwanted child. The 1. · limited liberalization will sati :1 or ...... t,,..,. •..,.,, performed in hospitals, is preamble to the Soviet decree states In Norway, the pregnancy cannot be suffice. high: one maternal death in the purpose: "The limitation of the terminated beyond the end of the 2,500 abortions. Another source harm caused to the health of women third month. Doctor Christopher Tieti in ntions . that, in Sweden and by abortions carried out outside of evaluating the goals and object :s of mark, the ratio of maternal deaths hospitals" and "to give women the Surveys have determined that 2,000 the liberal . statutes in the . no 1ern abortions is 60 per 1 ,000 or one possibility of deciding by themselves abortions were performed in hospitals European countries and their st cess, laltei·nal death in each I ,666 perform­ the question of motherhood." . in I949 and 3,200 in I954. This latter declares: "One of the major gt ·s of abortions. The reasons for this high Also , there is evidence of a wish to figure represents a ratio of 50 abor­ the liberalization of abortion l; ·s in appear to be: that these countries eliminate illegal abortions and to keep ~ ...' . tions per I ,000 live births. Thus far, S_candinavia was to reduc'. the . abortions to be performed later ' : families small so that the mother, t • . l J , there are no statistics as to the number incidence of illegal abortion. A f ther pregnancy; they will abort women unencumbered by too many domestic ., ~·· :. ·..: :· . of abortions performed under the new objective was to reduce the .otal are not in good health; the responsibilities, would be available to . . . statutes of I960. number of-abortions, legal and :egal dure is generally done under join the labor market as the country combined, by establishing earl' con­ sthesia and this accounts for many began a tremendous industrialization In summing up the abortion evi­ tact with the pregnant wome and program. dence in northern Europe, one can say making available to them a ro ad that the greatest number of legal · range of social services. It is de )tful There is indication that the numbers abortions are done because of medical whether the first of these two ' ject­ of legal ~bortions had a fourfold in­ indications and most of these are ives has been achieved in any the As mentioned previously, the most crease from 1920 to 1925 and from performed precisely for psychiatric countries concerned and it is ev 1 less abortion laws and policies in I925 to 1935 increased ten times as reasons, which include the "exhaust­ likely' a fortiori, that the secon goal world are to be found in the compared to the previous period. of Eastern Europe: the ed" or "tired" mother syndrome. Few has been realized. Whether the 'Jeral These abortions were performed free Union and the Soviet satellite pregnancies are terminated for eugenic abortion laws have actually cor ribu­ of charge at government hospitals - all under the influence of the considerations and even less are done ted to an 'abortion mentality' ha een called abortoria and were described as and ideologies of -Marxist for humanitarian reasons. a much debated question." being done on an assembly-line basis - The sta_tutes with respect to at eight minute intervals; or another abortion in the Scandinavian countries Those in the United States, w J are description mentioned that eight are moderately liberal, do not, at least interested in liberalizing the ab rtion a) The Soviet Union: .. abortions were done in a two hour ' .. in theory, grant abortion on demand laws in this country, should ( ·:pect From 1919 up to the present, the period with gruesome efficiency. .... ' or request and are strictly executed. In that the results would be similar ·J the cial policy of the Soviet Union has Official reports do not indicate any . Sweden and Denmark, the number of known experience of the Scandi: wian rather dramatically on three high incidence of death or complica­ illegal abortions is estimated to be countries: that the numbers o 1 legal occasions - beginning with a tion but the reason appears to be that larger than the number of legal abortions would greatly increase that mpletely liberal program and the patient was discharged very soon abortions and the combination of both there would be a very signj icant to a policy, which forbade after the operation and any problems represent a very significant and tre­ number of illegal abortions; th ( the abortions except for medical would be seen by local hospitals and mendous loss of life. It is important to total number of all abortions - legal 1•eas~ons and returning once again to a not at the abortoria. note that officials in Sweden and and illegal - would represent tre­ I• IOsiiticm of abortion on request. Denmark are seriously considering and mendous loss of life; that illegal abor­ Doctors in the Soviet Union took a are investigating the possibilities of tions and criminal abortionists w 11 not On November 8, I920, by reason of dim view of the numbers of abortions .. adopting even more liberal laws, allow­ disappear merely because then; has joint decree of the Commissariats of that were being performed and the ... ,) . ·.·· ing abortion on request and demand. been a broadening of the law. th and Justice, the Soviet Union manner of execution and attempted to • ·o • I

188 Linacre Quar terlY 189 ... ,1 .._ ·, • t · ·. , . advise women against interruption of On November 23, 195 the There is no pressure by the govern­ From 1950 through 1952- before -. -t-. ' . '; · ·.·:. : pregnancy. The medical literature Presidium of the Supreme )oviet t on the citizens to pursue a medical boards were constituted - ,. ' warned against the physical and repealed the . 1936 decree an since of contraception in order to there were 1 ,700 legal abortions ..· •.; .• ~ -·~ emotional complications. In addition, that date there has been an fficial births or limit population. reported each year. This was a rate of ~. ' ... (•r' there were social, economic and policy of legal abortion on re ' ~ st or it is said that the officials will be 0.2 abortions per 1 ,000 population. ' :.· : .• ·:~· · political situations which appeared to demand. Reasons for the cha ;e are d to have abortion serve as the After the medical boards were es­ cty for change in official abortion hard to come by as is all info. ~. a tion of birth prevention or popula­ tablished, the number of legal policy. There seemed .to be an im­ in the Soviet Union. There is ~ ;cula­ control. abortions rose very markedly from pending danger of conflict with Nazi tion that there was cons; rable 2,800 in 1953 to 16,300 in 1954. This Germany and the Soviet Union would pressure brought to bear c the As would be expected, there are no latter figure represented a rate of 1.7 have to increase its population, which government by the populac•. who or reliable statistics for legal legal abortions per 1 ,000 population. •'. had suffered from fifteen years of wished a limitation of family ze in ...... +:~ns in the Soviet Union. After the policy of abortion on abortion on request. order to enjoy the material cc .forts request became operative in June, 1956, the number of legal abortions in . of life. ..- ·,, • ' Doctor Mull~r points out: "The great 1953, serious efforts the year 19S7 was 123,400 as com­ Soviet Experiment of free abortion, pared to 82,000 legal abortions in The abortion rate in the viet re made to enforce the current laws which continued for eight years after criminal abortion and this did 1956. the revolution, still affords us the best Union is believed to be the hig 'St in . -··'· .: the world. The estimates c the · to an increase in births in 1953 evidence of physical injury following in 1954. It is curious that, in spite The number of legal interruptions of the operation." Doctor Joseph DeLee, numbers of abortions vary fro two all of the abortions that are per­ pregnancy was continuing to increase ' . . the former medical director of the million to six million a year rd it • ' d in Hungary , the country does each year as the number of live births ' .:'':' University of Chicago Lying-In, re­ appears that, once again, the a• hori­ ...... ties are becoming concerned. Th, e are II I»Unme a policy of encouraging birth as was continuing to decrease. In 1959, ...:· . ports the morbidity of that experience the number of legal abortions about reports that doctors in the oviet t• videmced by the fact of offering • •,l as follows: "Russia, which has legal­ . ' Union refuse to abort. unless a \ )man latlllni:lv allowances for the third and all equalle.d the number of live births - ized abortion has completely reversed there being 1 52,400 legal abortions already has at least two childrt and its position under the accumulated bad and 151 ,200 live births. experience with 140,000 such opera­ unless there are unusual reasl s to interrupt the pregnancy, e.g., rape, There were 195,600 .live births tions a year. The authorities call the 11 r1ecorde:d in 1950. This was followed practice a serious psychic, moral and overcrowding etc. The increase in . legal abortions a substantial decrease in the next persisted until 1964. In that year, social evil and inherently dangerous two years with 185,800 live births even when performed lege artis. They there were 184,400 legal abortions or registered in 1952. There was an in­ found trauma-uterine perforation, It is interesting to note that bor­ a rate of 18.2 abortions per 1,000 crease to 223,300 in 1954 and then a cervical laceration and stenosis, tions are performed three tim s as population. In the same year, there steady decline in birtlis until 1962 parametritis; etc. - ectopic pregnancy frequently on working wives as ~ onr were 132,100 live births recorded. when only 130,100 babies were born. and biological trauma - amenorrhea, pared to non-working wives an are Thus, the ratio of legal abortions to This last figure represented a rate of sterility, endocrinopathies. Subsequent requested more often by t rban live births was 140 to 100 or 7 legal .. 12.9 per 1 ,000 population. In 1965, ' .. labor was more often pathologic: married women. The reasons m 1ally abortions for every 5 births. 133,000 births were recorded; a rate placenta praevia, atonia uteri, adherent presented for seeking abortion ar1 lack .... . of housing and child care facilitie and of 13.1 per 1 ,000 population - very placenta, postpartum hemorrhage and In 1965, there was a slight increase ·. . . unwillingness to bear a child a the low in relation to the births of other · postpartum fever."S This report is so in live births- 133,000 - and a small ' ... ~ · ; present time. countries and continents. reminiscent of the results of the decline in legal abortions - 180,300. Japanese experience. In the early 1950's, medical boards This represents 1 ,356 legal abortions It is reported that the incidence of were established for the purpose of per 1,000 live births. In this same year, In any event, on June 27, 1936, a .abortion among female undergrar; ate granting permission for therapeutic the birth rate was 13.1 per 100,000 ., new decree was issued, which prohibit­ students at Moscow State Univers ty is abortions. With a very liberal policy, population as contrasted with the legal ed abortion except for determined alarmingly high - ranging fro · 40 the numbers of abortions increased abortion rate of 17.8 per 100,000 ' ·. .. medical or eugenic considerations - percent up to 80 percent. Abortio.1s at very rapidly. On June 3, 1956, population. More life was being ex­ for fetal deformity or medical­ the University clinic cost about one Hungary established a policy of tinguished than was allowed to be maternal indications. dollar each. abortion on request or demand. born!

191 190 Linacre QuarterlY ,i,·. 111 ' . ·. , . If the 1 7.8 abortions per 1 ,000 vious six months. In Hunga 1, all · ties have noted with great Leading intellectuals in Hungary, -.·I·: . ~:,. .. , .· population in Hungary in 1965 were abortions must be performel' in a and alarm the rise in pre­ authors, magazine and newspaper ·t'.. to be applied to the 195,000,000 hospital where a patient rema s for births and spontaneous editors have noted with great concern '.~., I ~ ..~ population of the United States in that two or three . days and, if 1e is and the increased problem the dangers to the nation of a liberal '· •.'·•r·. same year and we had a policy oflegal f employed, she receives a period sick of sterility among the women and abortion policy and decried the anti­ ':: ··~ ~.t.: . abortion on request we would have leave, in addition. mental retardation in the children child attitude and mentality which the :.'_.: had approximately 3,471,000 legal born to mothers who had been pre­ country now experiences. The one . ,1 , abortions that year. Can we afford In 1964, less than four ·pe rc 1t of viously aborted. It was reported that child family has arrived. The average 1. ·

such tremendous loss of life? Would abortions were performed bee r: :se of the numbers of premature births number of children in Hungary is I · ' we want a reputation for such de­ illness; the remainder were do ~ for almost doubled and more than half the presently .86 per married couple. struction of life? social or family reasons. Abot- one­ mentally retarded children had been ,. ' . ·. ~ third of the women interrupte( their born prematurely. One out of· every One noted Hungarian writer declares­ There is another dimension to this · pregnancies because they alread had three women who became sterile had that abortion entails not merely the abortion problem in Hungary and in sufficient number of children. previously had an abortion. destruction of the child but also re­ other countries with a very liberal sults in destruction of the mother and policy and that refers to the category' Between 1960 and 1964, th per­ Andras Klinger of the Hungarian her nation. which is called "other abortions" and centage · of women undergoing their Central Office of Statistics has con­ J··· ·... this includes hospital admissions of third or higher abortion inc ·ased cluded that the incidence of premature A Communist writer, who originally from 25.5 percent to 31.4 perct t. In ,f t I 1 , women who have not had legal birth increases with the number of favored a liberal policy concerning :,.::.t:.·. abortions but who suffered sponta­ the same period the percent: e of pregnancy interruptions, which the abortion, evaluated in 1964 the . . neous miscarriages or who were those _, having · their fifth or :gher prospective mother has had. A 1964 liberalization law of 195 6 in these admitted because of medical complica­ abortion increased from 5.2 perc 1t to study of the relationship of abortion words: "I would not have believed tions following an illegal abortion. 7.5 percent. It. would appeal that to prematurity demonstrates that that, scarcely eight years, we would be women, who begin by controllin ~ their ••• •,l there is a 10 percent incidence among looking at this freedom with doubt, . •, . ' fertility by using abortion, ret n to ., ,. _ These statistics will more than likely women who have never been aborted; struggling with the monstrous possi­ the sanie means again C!fld again. . .' include less and less spontaneous 14 percent among those who have had bility of the extinction of our one abortion; 16 percent for those nation ..... The fact is that the · abortions as time goes on because During the years 1960 and 964, with two abortions and-21 percent for Hungarian nation is growing weaker. many of the women, who would there was a marked increase i the those with three or more abortions. An unexpected world crisis, an un­ normally miscarry' will have already number of childless women and submitted to a legal abortion before known epidemic may come when women with one child requ ;ting This same official notes the obvious the miscarriage would occur. There­ strong peoples will survive, while abortion. In these four years, here fact that the prematurity of birth will fore, even though the numbers and smaller and weaker ones will fall. And was 64 percent increase in the m nber have its own impact · on infant rates of "other" abortions seem to be then our history and our literature will of childless women who submitt d to mortality and on the mental health decreasing, · this total would reflect be but a memory, stuff for scholars." abortion and the rate per 1,O Ot was and physical development of the child, merely less spontaneous miscarriages almost as high among women wit one if it survives. He states that abortion and more illegal abortions. With a high incidence of abortion child as among women with two cannot be considered a proper means and a low birth rate over the past children. of and the disastrous .•.. ' Medical boards do exist in Hungary twelve years, Hungary faces problems effect of interruption of pregnancy on in business and industry in the decades .:,·. .: .. but they function only as a formality; About 7,000 unmarried w ~ me-n the health of the mother or future · ahead and a smaller and smaller group f ; . they do not make decisions or grant under the age of twenty year , in­ • ·I children is more than a sufficient of earning young people will have the authorizations because every ~bortion terrupted a pregnancy in 1964. reason to change the liberal policy of responsibility of supporting an ever that is requested must be performed. abortion on request. The policy in Eastern Europe is to A liberal abortion policy is not increasing number of aged people. . ' ._, _. prohibit the interruption of pregnancy - without its liabilities as regard ~ the In 1964, for every 1 ,000 women beyond the completion of three health and welfare of the we men \Vho requested the interruption of a months, unless there are medical patients. Permanent impairmem of pregnancy, 1.3 experienced a perfora­ c) Czechoslovakia: '·. indications, and also to prohibit an health· has been reported an ong tion of the uterus; 8.5 suffered In 1953, there were 1,500 registered .' abortion if the patient has already had thousands of Hungarian · women, who feverish conditions and 16.4 suffered legal abortions (0.1 abortions per an induced abortion within the pre- have interrupted pregnancies. Medical from hemorrhage. 1,000 population) and 29,100 "other" ...... • I ... 192 Linacre QuarterlY 193 .. per 1,000 population. this of the reason by him. Many legal The medical board that autl 1rizes abortions (2.3 ratio of abortions per is to be related to 231,600 live abortions are performed in Poland on ~ ' --~ ·~ I'· :• 1,000 population) for a total abortion abortions consists of physiciru and all_lbulatory patients. figure of 30,600 or 2.4 abortions per social service . work~rs. CzechosJ takia has the same requirements as H 1gary 1 ,000 population. These totals are to ratio of legal abortions to The number of legal abortions rose '· •.'.> be compared with 271,700 live births with reference to abortions tking ,.: ··: :t .. t• lk>Dlulation . in Czechoslovakia in 1965 from 1,400 in 1955 which was a ratio ...... : recorded in that same year. place in hospitals, an in-patient ~ ty of were to be applied to the population of 0.1 abortions per 1,000 population two or three days and a sicl '.eave of 195,000,000 in the United States in to 143,800 or 4.9 abortions per1,000 I , absence for working women. ,, . The number of live births declined that same year, the number of legal population in 1961. This latter figure steadily from 1953 to 1960 when abortions would have amounted to if applied to the population of 217,300 live births were registered. In the first year after the .>eral 1,092,000 on the assumption that the 183,000,000 in the United States in There was an increase of live births in statute was enacted, the numl r of law in both countries was identical. that year would have resulted in 1963 to 236,000 and another rise in legal abortions increased drama ;ally 896,300 legal abortions .,-- presuming · . . . 1964 to 241 ,300 and a decline of from 7,300 to 61 ,400; the num T of As compared to Hungary, the live that we had the same type of law as I , . l 10 ,000 live births in 1965. "other" abortions decreased i! this births in Czechoslovakia during the did Poland. · ' t ~ . , . ' one year period from 30,21 1 to period of 1950 to 1965 did not decrease as rapidly or as much. While -As the live births were decreasing 27,700. The total abortions in 958 e) Rumania: were 89,100 or 6.7 abortior per there was a marked increase in the ...... from 1953, the number of legal In October, 1966, Rumania repealed . : 1 ,000 population and this figun is to number of legal abortions in ' . abortions was increasing from 1,500 in ,i '' be compared. to 235,000 live bir !Sin Czechoslovakia during this period, the its 1957 liberal abortion law and the : ., .. that year to 7,300 in 1957. At this preamble of the new statute gives the ···. ·:· the same year. numbers would not begin to compare . . time, the number of "other" abortions apparent reason for the change: "great •' with those of Hungary; strangely ' .:·•,1 rose from 29,100 in 1953 to 33,000 in enough, the numbers of "other" prejudice to the birth rate and the rate . '""., ... 1955 and declined to 30,200 in 1957. ·... . The number of legal abortior; rose abortions, while less· in Czech­ of natural increase" that had resulted steadily until 1961 when the hi h of oslovakia, were not that much below from a liberal abortion law. By 1965, .. . . 94,300 . or 6.8 abortions per ,000 the birth rate in Rumania had dropped . ., i In 1957, there was a total of 37,500 the figures of Hungary. Finally, the . .' of all abortions, ··representing 2.8 population was registered. Durin this ber of abortions never exceeded to 14.6 per 1 ,000 population and this abortions per 1 ,000 population as same year, there were 26,000 "c her" the number of live births in represented the second lowest birth contrasted with 252,700 live births. abortions or 1.9 abortions per ,000 Czechoslovakia: rate in Europe, population for a total numb :- of abortions of 120,300 or 8.7 abo ions d) Poland: In summary conclusion, the legal There · was a two year period of • " <' I per 1 ,000 live births as compar d to We have · already mentioned that abortion rate, related to live births, in . • :: • discussion before legal abortions for . ' 218,400 live births. Poland was probably the easiest Eastern Europe· ranges from 30 per­ .. non-medical reasons were allowed. In ,;, .• country in which to have an abortion cent to 140 percent. The death rate December, .1957, the liberal law was The number of legal abo· ions as witness the number of women who from legal . abortions is · one in 25 ,000 enacted in Czechoslovakia. This decreased from 1961 to 1964 ;hen traveled from Sweden to have an cases as compared to the rate in statute permitted legal abortions for 70,700 legal abortions or 5 ab01 ions abortion that would not be allowed or Northern Europe of one in 2,500 the following reasons: . advanced age, a per 1 ,000 population were perfoJ ned. authorized in their own country. cases. Apparently, in Eastern Europe, large number of children, death or During this same ·period, the "o er" the better results are due to the fact ... , I disability of the husband, disruption type of abortions increased to 2' ,400 In Poland, a law was passed in 1956 that legal abortions must be done -of the family, economic responsibility in 1963 and declined to 26,21 ) in which indicated that an abortion sooner in the pregnancy - not beyond ~ · ; . of the woman for the support of the 1965. would be permitted if a physician the completion of the third month; family or the child, a difficult situa­ could determine that a "difficult social that the women are in better health; .· . tion resulting from the pregnancy of situation" existed. However, since the vacuum method of extraction is In 1965, there were 79,600 legal an unmarried woman. In 1962, the law 1960, an oral statement by the woman more commonly used and no ..,.. was amended so that abortions could · abortions or 5.6 legal abortion! per herself to the effect that she was anaesthesia is required. : .. -: not be performed for reasons of multi­ 1 ,000 population or 344 legal experiencing such a situation sufficed I ' • •

abortions per 1 ,000 live births and ~ parity unless and until the woman has for the permission, which was granted As to what effect a very liberal law .. . 26,200 "other" abortions or 1.8 . ,). ·. already had three children. Czech­ by a physician without any investiga­ on abortion has had on illegal ,. . abortions per 1 ,000 population ~ o r a oslovakia provides a family allowance tion or determination of the validity abortions, Doctor Christopher Tietze for the third and subsequent children. total of all abortions of 1OS ,800 r 7.4 ... ' August, 1969 195 . ... 194 Linacre QuarterlY says: "There can be no doubt that the Health, Vol. 57, Number 11, Nc mber, number of illegal abortions has been 1967, pp. 1923 - 1932; The · .tholic Lawyer, Vol. 10, Number 2, pring, dramatically reduced, but they have 1964 - pp. 168- 169; Legal Ab( .~·on in ~ '. ~· not entirely disappeared even in Denmark, Catholic Medical Q1 rterly, '· '··. countries such as Hungary, where Vol. 4, Number 3, (April, 1951), ). 85- (or .. ': ~.t .. abortion is available on request. It has 86; Robert M. Bym, The A. 1rtion Question: a Non-Sectarian Ar ·oach, Commentary On ·:'.·: been suggested that this stubborn The Catholic Lawyer, Volll, Nu ber 4, ,1 ' survival of illegal abortion is associated Autumn, 196 5, p. 321; 1arles 1. · ''Psychiatric Indications For The , with the relative lack of privacy of the Kindregan, Eugenic Abortion ' 1 the I ' official procedure." Law (private manuscript); The rrible Choice: The Abortion Dilemma, ntam Use Of Contraceptives'' Books, Ma1ch 15, 1968, pp. 3-59; The present study has presented the William N. Bergin, M.D., Som ody's experience of Japan and the European Going to Get Killed, Hawaii , ;dical Vitale H. Paganelli, M.D. countries in abortion, ranging from the Journal, Vol. 26, Number 2, Nm nber/ t ·" , , •' use of abortion as a means of limiting December, 1966; Norman St. rohn­ Stevas, The English Experience, A ~ rica, population and including the con­ December 9, 1967; Jan-Otto 0 ·1 1sson, seJ,"Vatlve policies of western and International Symposium on Al ·tion, Cavanagh's treatise, logous degree, and, (2) that treatment ...... southern Europe, through the liberal Washington, D.C. September, l967; . : Frederiksen and Brackett, Demo.: 1phic Indications For The Use directed toward the improvement of ,· •' laws of northern Europe and ;.,·. concluding with the most liberal Effects of Abortion, Public ealth Contraceptives" (Linacre Quarter­ the mental health of an individual .. .., Reports, Vol. 83, No. 12, Det nber, May, 1969), seems to me to be in improves the health of his organism . . provisions in eastern Europe. There is 1968, pp. 999 et seq.; Abortl 1.· A of some very thoughtful and taken as a whole. He speculates that I , : '•,~o\ every reason to believe that the Painful Lesson for Britain, Tiine, {arch l l~:are~ful analysis. In what follows I shall since "the Pill" is a specific therapy t., "iil ~ ' ' .. experiei1ce of Japan and the European 7, 1969; The Catholic Lawyer, '\t . 14, ··.. •·. Number 4, Autumn, 1968, pp. 3::, -337; tempt a contribution in that for a specific psychiatric disease entity countries would be at least similar in ~ ... Mrs. Jill Knight, M.P., A Repor from IIIClirecticm. In doing so , I assume that I ( whic~ same disease ultimately impairs the United States if the same type of . '1.'. Great . Britain, Fourth Intern ional not be developing any new laws were enacted. the health of the human organism in Symposium on Life, Rhythm, Ab tion, cific knowledge , but rather that the Chicago, Illinois, Apri110-12, 196 ': its totality) the use of "the Pill" is licit which I advance and the at least in' the psychiatricilly patho­ 2. Boston Sunday Globe, June 2, 196 I ~IUe~;tions which I pose will lead in FOOTNOTES logical situation which Dr. Cavanagh to a further development of an describes and illustrates with four case 1. Russell B. Shaw, Abortion and Public 3. Newsletter - National Right tc Life understanding of the problem under histories. Policy and Abortion on Trial; Andre E. Committee- No.2, November, 19 Hellegers, A Doctor looks at Abortion; consideration. Christopher Tietze, M.D., Statistics of 4. Boston Globe, June 4, 1966 , ~"·.:·. Induced Abortion, International Re.ading through Dr. Cavanagh's Let me take first the points or ...•, Symposium on Abortion, Washington, 5. Ratner, A Public Health Physician ~"i ews article, it would appear that both he premises with which I concur. Every ,•~ Abortion, Child and F amity, Vol. . No. D.C., September, 1967; and Abortion in the Theologians whom he has modern physician must, I believe, Europe, American Journal of Public 1 - Winter, 1968 extensively quoted, depend ultimately agree with Cavanagh that men tal health is an essential participant in the upon an application of the thea­ .... ' philosophic principle of double effect general health of the total human for determining the licitness of the use organism. There is, however, a prob­ "the Pill" by Roman Catholic lem in therapeutics which medicine :t' ; ' II J,nv·sl'ici·a ms in a selected group of shares with the moral Theologians. At psychiatric patients. the risk of being superficial, I cite from among the innumerable situa­ , . argument that Dr. Cavanagh tions of organic disease , the treatment . lt •:uvamcl::!s is that mental health is an of Leukemia with antimetabolite ll el1Sen1tial aspect of total human health. medications. These drugs carry with .. . .. them potentially serious side effects in ' things follow, namely: (1) that .,J. · · ' 11trhatev1::!r compromises the former, a moderate proportion of cases in lt Comnrf1rnises the latter to an ana- which they are employed. Because of

196 Linacre QuarterlY 197 ...