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LETTER OF THE DAY - NAJ should get its facts straight
published: Tuesday | May 27, 2008

The Editor, Sir:

In its statement opposing abortion law reform (The Gleaner, May 5), The Nurses Association of Jamaica (NAJ) displays the strong, positive values for life that we all share. But, the report on its position of opposition to abortion law reform is riddled with misinformation.

First, abortion is not illegal in Jamaica; it is restricted. It is only certain 'unlawful' conduct that is defined as an offence. These restrictions involve who performs the procedure, who purchases or sells material and whether the procedure was self-administered.

Second, the idea that making something legal is the same as 'promoting' it is a fallacy. Alcohol was once illegal in the United States of America. We know of the Prohibition Era. All that secured was a vast underground industry of corruption and criminal violence. Policymakers realised that the prohibition created social problems that were more harmful than alcohol. They shifted from prohibition to regulation and education. The social impact has been far better. Alcohol consumption has significantly declined in the US and the violence associated with the industry has disappeared.

The confusion

Law distinguishes between what is legal and illegal. Too many confuse that with the distinction between right and wrong. They are not identical. Laws rigidly based on religious dogma will lead toward tyranny and oppression.

Third, the claim that if our legislators found the courage to expand the legal basis for abortion, Jamaica would become only the second Caribbean country (after Cuba) to have legal abortion is sadly misinformed. Barbados made abortion legal in 1983. Abortion was legal in Puerto Rico before it became legal in the US. Abortion is legal in Guadeloupe and Martinique. Both St Vincent and St Lucia have modified the restrictive law still in force in Jamaica and expanded the basis for legal abortion. Guyana, another Caribbean country, made abortion very broadly legal in 1995. Jamaica would be catching up, not leading.

Fourth, making abortion legal is designed to provide safe choice to all women. Nothing in any abortion law compels anyone to have an abortion. Mention of Sara Lawrence's choice to continue her pregnancy is totally irrelevant to the discussion of abortion law reform. Lawrence's choice to have her child would remain perfectly secure with legal abortion.

Nonsense

Fifth, the NAJ claims that legal abortion harms women and that the cost of treating them would be enormous. That is nonsense. The vast majority of women who have abortions report that relief is their predominant reaction. It would be helpful for the association to give us those data and to tell us of their research of the ongoing cost of treating unsafe abortion in Jamaica.

It would be interesting to learn what other research the association has done to justify its promise of 'agitation and opposition.' Values are an important component of public policymaking, but values alone are not sufficient. Facts matter.

Sadly the NAJ's stance illustrates the vast gulf between those who command the means for access to safe medical services and those who don't. It is unfortunate that the 'haves' have so little compassion for the 'have-nots'.

It is this gap that our legislators are challenged to address. I hope they find the moral authority to do so.

I am, etc.,

FRED NUNES

ydelph@aol.com

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