Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, December 12, 2009

Something to keep more than an eye on...



First of all, first things first: a blessed feast of Guadalupe to one and all!

Two days ago, Michael Perry brought to our attention developments within the European Union concerning the Irish laws dealing with and restricting abortion, and from Michael’s posting (thanks, Michael) and other sources, we know that there are forces within the EU destined to make abortion access a “human right.” This appeal is based on an exaggerated and flawed reading of the European Convention on Human Rights. The legal challenge will have broad implications across the EU and here in the United States, no doubt about that.

This was the plan advance some years back when Jeffrey Dudgeon challenged the anti-sodomy laws of Northern Ireland. Similar arguments were made in his case about humiliation and fear of prosecution. After the Northern Irish law was declared invalid, other similar laws across the EU and under the jurisdiction of the Council of Europe fell. After Dudgeon was decided, Justice Kennedy relied on it in the majority opinion in Lawrence v. Texas. The ripple effect of Dudgeon was colossal.

Much the same can be expected if these challenges to the Irish law are upheld by the Strasbourg court. Right now the rhetoric advanced by advocates for abortion is hailed in some circles as progress for “reproductive rights.” It is astounding that these folks who argue that their  position is in favor of “human rights” do not even think of the trauma that the lives of the very youngest members of our species will experience as a result of the prosecution of this faux right. If you doubt my assertion, please check out this position from our friends at the Center for Reproductive Rights.

The EU has the resources to assist both mother and child, and that would be a great thing if efforts were pursued to do this. Sadly, this does not seem to be of interest to those prosecuting these claims. It is incomprehensible that they fail to see the damage to the health of the unborn and yet very much alive. Once again, the will seems destined to triumph over the intellect.


RJA sj


Araujo, Robert | Permalink

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