PART IV.--QUESTIONS RELATING TO THE MEDICO-LEGAL ASPECTS OF ABORTION.

At the present time there is in many countries much criticism of the

existing laws regarding abortion, and various suggestions have been

made for the alteration of the law.

Such representations have, indeed, been made to this Committee.

A consideration of these matters, therefore, could not escape our

attention.

THE NEW ZEALAND LAW REGARDING ABORTION.

The law in regard to abortion as set down in sections 221, 222, and 223

of the Crimes Act, 1908, is as follows:--

_Procuring Abortion._

"221. (1). Every one is liable to imprisonment with hard labour for

life who, with intent to procure the miscarriage of any woman or

girl, whether with child or not, unlawfully administers to or

causes to be taken by her any poison or other noxious thing, or

unlawfully uses any instrument or other means whatsoever with the

like intent.

"(2) The woman or girl herself is not indictable under this

section."

This section re-enacts s. 201 of the Criminal Code Act, 1893. _Cf._ s.

223, _infra_.

"Other means" must be read _ejusdem generis_ with "instrument." (_R._

v. _Skellon_ [1913] 33 N.Z.L.R. 102.)

"_Procuring her own Miscarriage._

"222. Every woman or girl is liable to seven years' imprisonment

with hard labour who, whether with child or not, unlawfully

administers to herself, or permits to be administered to her, any

poison or other noxious thing, or unlawfully uses on herself, or

permits to be used on her, any instrument or other means whatsoever

with intent to procure miscarriage."

This section re-enacts s. 202 of the Criminal Code Act, 1893.

"_Supplying the Means of Procuring Abortion._

"223. (1) Every one is liable to three years' imprisonment with

hard labour who unlawfully supplies or procures any poison or other

noxious thing, or any instrument or thing whatsoever, knowing that

the same is intended to be unlawfully used or employed with intent

to procure the miscarriage of any woman or girl, whether with child

or not.

"(2) Every one who commits this offence after a previous conviction

for a like offence is liable to imprisonment with hard labour for

life."

This section re-enacts s. 203 of the Criminal Code Act, 1893. In _R._

v. _Thompson_ [1911] 30 N.Z.L.R. 690, a person was convicted of an

attempt (s. 93. p. 209, _ante_) to procure a noxious thing although the

thing actually procured was innoxious.

"Knowing" has the meaning of "believing," and a person supplying "a

noxious thing" is guilty even when the person supplied, who states that

he required it for procuring abortion, had no intention of using it and

did not use it for that purpose (_R._ v. _Nosworthy_ [1907] 36 N.Z.L.R.

536).

If the evidence shows that prisoner intended the instrument to be used

for the purpose stated, it is sufficient without evidence of intention

on the part of the woman to use it or allow it to be used (_R._ v.

_Scully_ [1903] 23 N.Z.L.R. 380).

The word "thing" where secondly used in this section includes only

things _ejusdem generis_ with instrument and capable of being used to

produce miscarriage (_R._ v. _Austin_ [1905] 24 N.Z.L.R. 893).

_Therapeutic Abortion._--In New Zealand, as in Great Britain and other

countries, the medical profession has always held that when the

mother's life is seriously endangered by a continuation of the

pregnancy the termination of the pregnancy is justifiable and right.

This the law allows, not specifically but by inference.

It is probably a correct statement of the position to say that, with

advances in medical knowledge and thought, even the most conservative

medical opinion, apart from that which is influenced by certain

religious views, holds that the indications for the termination of

pregnancy have been extended somewhat to include not only cases in

which the mother's life is immediately jeopardized, but also certain

cases in which her life is more remotely endangered.

This view is supported by the social thought of to-day.

This is not to say that the occasions for this operation are frequent;

they are, indeed, infrequent.

The general standards which guide the medical profession in this matter

are very strict, and are conscientiously conformed to by the majority

of its members.

It is also a well-recognized rule of the profession that such

operations should only be performed after consultation between two

medical practitioners.

With this change in medical outlook, however, there has been no

corresponding alteration in the law, which, as it stands, is as

uncompromising as ever, and allows of no interference except to save

the _life_ of the mother.

It is a fact that the law is _interpreted_ liberally, and no doctor who

has acted honestly in the belief that the mother's health was seriously

endangered has ever been challenged.

Nevertheless, it has been urged by a large body of the medical

profession, especially of those most intimately affected by the

question, that there are possible dangers in the situation, and that

the law should be altered to indicate more specifically the rightful

position of the doctor in this matter; in other words, it is advocated

that the present interpretation of the law should be incorporated in

the law itself.

Much is made of the fact that an honourable practitioner occasionally

finds himself in the unsatisfactory position of having actually to

break the letter of the law in doing what according to accepted medical

standards is in the best interests of the patient.

As safeguards against the possible dangers of a widening of the law, it

has been suggested that new regulations should be introduced governing

the practice of therapeutic abortion.

It has been recommended that operations should only be performed after

adequate consultation, and that written certificates should be given by

both parties to the consultation; that in certain cases the consultant

should be a specialist; that all operations should be performed in

public or licensed hospitals; that every therapeutic abortion should be

notified to the Medical Officer of Health, to whom also the two

certificates should be forwarded; and that every operation not

performed under these conditions should be subject to strict

investigation.

It has also been recommended by some that there should be a general

notification of all abortions.

Those who are opposed to any alteration of the present state argue that

any specific legalization of therapeutic abortion to save the serious

impairment of health as well as to save life might lead to abuses of

this sanction. They point out that even at the present time doctors

differ considerably in their views and in their practice, and they fear

that such divergences in thought and practice might be seriously

exaggerated.

As to the suggested safeguarding regulations, there is by no means

general agreement in the medical profession concerning their

advisability or their value.

The Committee, having investigated the matter very fully, is satisfied

that any disability under which the doctor rests in terminating a

pregnancy for genuine, accepted therapeutic reasons is only

theoretical.

No actual instance was brought before the Committee in which a doctor

had been penalized or even subject to question when acting in good

faith, nor was any evidence presented to show that any patient had

suffered by reason of a doctor refraining from operating through fear

of possible legal consequences.

Both medical and legal witnesses competent to speak on these

medico-legal aspects were definite in their assurance that, under the

existing law, no doctor acting in accordance with the accepted

standards of the profession was in any danger.

The only person who need have any fear was one who ignored guidance of

the existing standards of his profession, and to this extent the law

was, at least in part, a deterrent against laxity of practice.

The Committee considers that, as it stands, the law has shown itself

adaptable in practice to all reasonable changes in medical thought.

Further, the Committee was impressed by the possible dangers which

might be associated with any alteration in the existing law.

While it is undoubtedly true that the majority of doctors are

straightforward and honest in their interpretation of the indications

for therapeutic abortion, it was made clear that even at the present

time there are some who are inclined to terminate pregnancy for reasons

which would not be accepted by most.

It would be quite impossible to lay down a hard-and-fast list of

indications.

There are definite grounds for fearing that any alteration in the law

would lead, in certain quarters, to a widening of the interpretations

far beyond the intention of the alteration.

Under any alteration it would be exceedingly difficult to control the

merging of the therapeutic into the social and economic reasons.

For these reasons, then, the Committee is not prepared to suggest any

alteration in the law regarding therapeutic abortion; the Committee

believes, however, that some benefit might accrue from the compulsory

notification of all abortions to the Medical Officer of Health.

_Abortion for Social and Economic Reasons._--Having received certain

representations in favour of this practice, and having examined a large

mass of evidence on this subject, the Committee is utterly opposed to

any consideration of the legalization of abortion for social and

economic reasons.

The Committee does not hesitate to state its first objection on moral

grounds.

That the deliberate destruction of embryo human lives should be allowed

for all the varying and indeterminate reasons suggested by different

advocates would lead the way to intolerable license.

We would draw your attention and that of the public to the extreme

views which are held by some of the most active advocates of legalized

abortion.

In its most blatant form this advocacy is based on the argument of

woman's right to determine for herself whether a pregnancy shall

continue or not.

"The right to abortion should be taken quite away from legal

technicality and legal controversy. Up to the viability of her

child it is as much a woman's right as the removal of a dangerously

diseased appendix."

This is the view of Miss Stella Browne in her essay on "The Right to

Abortion"[2] and of others who hold similar opinions.

[2] "Abortion Spontaneous and Induced." Taussig.

Is any comment necessary?

The representative of one of the largest women's organizations in New

Zealand who gave evidence before the Committee advocated the

introduction of legislation permitting abortion under certain

circumstances after a woman had had two children, subsequently

qualifying the suggestion by the words "if contraceptives fail."

In the case of such ill-considered opinions, the Committee believes

that it would be impossible to limit the practice if the law were in

any way relaxed.

Of course there are others who confine their advocacy of legalized

abortion to cases in which there are elements of real tragedy and which

appeal to public sympathy, but, granting that there are many cases in

which social and economic conditions create situations of great

hardship, nevertheless the Committee is fairly convinced that abortion

is not justifiable; the remedies lie in the removal of the causes and

the alleviation of these difficult situations by social legislation and

other measures, and in the education of the public conscience.

The Committee is also opposed to the legalization of abortion for

social reasons on account of the very considerable risks to health

which are associated with the practice.

Medical witnesses were agreed that, while the immediate risk to life in

surgically performed termination of pregnancy was slight, there were

very definite possibilities of more remote disabilities, and that such

sequelae occurred in a considerable proportion of cases.

In the case of a genuine therapeutic abortion these risks are

outweighed by the dangers of the condition calling for the termination

of pregnancy, but were the operation to be performed freely for social

reasons the effect in the community might be very serious.

World-wide interest has been aroused in the matter through the

experience on Soviet Russia, where, for a number of years, abortion for

social and economic reasons was legalized and extensively practised.

The operations were performed in special hospitals and by skilled

operators.

At first it was claimed that when the operation was done openly and

carefully the risk to life was exceedingly small. It was stated, for

instance, that in 1926 artificial abortion was carried out on 29,306

women in Moscow with no mortality, and that in a total of 175,000

operations in Moscow there were only nine deaths.

But now come most significant reports of the after-effects to these

operations, which state that 43 per cent. of these women suffered from

some definite illness as a result of the operation, and that "the most

enthusiastic Russian advocates of legalized abortion are appalled at

the growing evidence of serious pelvic disturbances, endocrine

dysfunctions, sterility, ectopic pregnancy, and other complications

following in the wake of artificial abortions."[3]

[3] "Abortion Spontaneous and Induced." Taussig.

A recognition of these remoter dangers has undoubtedly been an

important factor in bringing about the complete reversal of the

previous policy in Russia, where abortion for social and economic

reasons is now illegal.

The opinion of A. M. Ludovici, admittedly an extreme exponent, may well

be considered when, in "The Case against Legalized Abortion"[4] he

writes:--

"If only the disingenuous propaganda in favour of legalized

abortion would cease, and if only those who carried it on refrained

from dinning into the ears of an uninformed gallery of women the

alleged safety and harmlessness of abortion carried out under the

best hospital conditions, there would be less eagerness to face the

ordeal of criminal abortion.

"So long as ignorant women are led to believe that abortion, when

skilfully performed, is as easy and harmless as having a corn

extracted, they will naturally infer that it can be done just as

harmlessly in secret as in public, especially if they are assured

that the surreptitious abortionist is skilled, as presumably they

always are, and are, moreover, kept in total darkness concerning

the kind of operation that is necessary for the interruption of

pregnancy.

"If, however, they knew the truth, which is that artificial

abortion, even under the best hospital conditions, is a precarious

undertaking, so frequently leading to invalidism as never to be

'safe'; if, moreover, we spread the truth about Russia's legalized

abortions, and put a stop to the false reports circulated by

ill-informed enthusiasts regarding the ease and safety of skilled

induced abortion, we should be going a long way towards reducing

criminal or surreptitious abortion to vanishing-point."

[4] "Abortion," by Stella Browne. Ludovici and Roberts.

_Sterilization._--Brief mention must be made of _sterilization_--an

operation whereby further pregnancy is prevented--which has been put

forward by certain witnesses as a method of preventing abortion.

Just as therapeutic abortion is, in certain cases, legitimately

performed by medical practitioners, so has the operation of

sterilization a recognized place in medical treatment of exceptional

cases in which a woman's life is likely to be endangered or her health

gravely impaired by further pregnancy.

It can, indeed, be reasonably argued that in such cases sterilization

is very definitely to be preferred to the very unsatisfactory

alternative of repeated therapeutic abortion.

Nevertheless, any general extension of this practice would, in the

opinion of the Committee, be open to serious abuse.

The Committee sees a tendency in some quarters to extend the

indications for this operation far beyond the bounds of generally

accepted medical opinion.

The attitude of the Committee towards this matter is therefore the same

as towards more specific legalization of therapeutic abortion.

_The Prosecution of the Criminal Abortionist._--A very disquieting

aspect of this problem is the relative immunity of the criminal

abortionist from punishment. Conviction for the crime is rare, even in

cases where guilt appears to be proved beyond all reasonable doubt.

The Committee has sought to discover the reasons for the failure to

obtain conviction.

It is apparent that the police authorities are faced with many

difficulties. In the first instance conviction is largely dependent on

the evidence of a woman who, in the eyes of the law, is an accomplice

to the offence, and corroboration of her evidence may be demanded.

It has been suggested by certain witnesses that, if the woman were

legally exempt from penalty, there would be less reticence about giving

evidence and a greater fear on the part of the abortionist.

On the other hand, it has been stated to the Committee that where such

an indemnity is actually given, this very fact operates against

conviction.

The Commissioner of Police gave information that--

"Juries are loth to convict in such cases and appear to be

impressed by the argument usually advanced by counsel for the

defence that, as it was at the solicitation of the woman that the

offence was convicted, she is the principal offender, and they

adopt the view that unless she also is charged it would be unfair

to convict the abortionist. The fact that if the woman was charged

she could not be called as a witness, and that, without her

evidence, there would be no case, does not appear to weigh with

them."

It would therefore appear that legalized exemption of the woman would

not be a remedy.

The very serious statement has been made that--

"In many cases professional abortionists have the assistance of one

particular doctor who attends their patients when medical skill

becomes necessary. The doctor either treats the patient

successfully or sends her to hospital on his own personal note, and

in neither case does the identity of the abortionist come to light.

There is reason to believe that in many such cases the assistance

of the doctor is given knowingly and in collaboration with the

abortionist contrary to the rule laid down in Sydney Smith's

'Forensic Medicine,' 3rd edition, page 362, that 'It is no part of

a doctor's duty to act as a detective, but it is equally certain

that it is no part of his duty to act as a screen for the

professional abortionist.'"

The Committee would earnestly draw the attention of the responsible

medical authorities to the suggestion that there are even a few members

of the profession who are prepared to "cover" the abortionist when

difficulties arise.

It is quite well realized that there are many occasions on which the

general practitioner quite innocently comes in contact with these

cases: that is an entirely different matter.

It is a further complaint of the police that they are hampered by the

fact that rarely are they notified of a case of criminal abortion until

the woman's condition is so critical that it is impossible to obtain a

statement from her, and if she dies the evidence she might have given

is lost. Without such evidence there is little chance of successfully

prosecuting the abortionist.

To overcome this difficulty it has been advocated that, where a patient

is admitted to hospital and is suspected to be suffering from the

effects of criminal abortion, it should be the duty of the responsible

medical officer of the hospital to notify the police forthwith and

supply all the information in his possession.

This suggestion, however, involving as it does the confidential

relationship between doctor and patient, is open to serious objections.

It is proposed to consider the position of the medical practitioner in

relation to criminal abortion more fully in a subsequent section.

Finally, it is evident that the general public as represented by some

members of juries do not regard this crime with the same seriousness as

does the law.

A heavy responsibility rests on the public in allowing the present

position to continue.

The Committee cannot but take a serious view of the repeatedly

demonstrated difficulties in securing convictions, even in the face of

apparently conclusive evidence, of persons charged with inducing

abortion, and consider that the time has arrived when careful

consideration should be given to the condition of the law relating to

such crimes and to what steps are necessary to discourage effectively

their practice. With that object in view the Committee respectfully and

earnestly directs the attention of the Government to the position that

has arisen, and the serious social, physical, and moral consequences

which are likely to follow if effective steps are not taken to enforce

the clear intention of the law.

_The Position of the Medical Practitioner in Relation to Criminal

Abortion._--The duties and responsibilities of medical practitioners

in connection with cases in which the performance of an illegal

operation is suspected or known to have occurred are of great public

importance.

Two main questions arise--(1) The duty of a doctor before the death of

a patient or in a case where a fatal result is not expected, and (2)

his duty in a case where the patient has died.

Concerning the first issue there are very conflicting opinions.

As already pointed out, it has been urged by the Police Department that

in every case where a patient is admitted to a hospital and is

suspected to be suffering from the effects of induced abortion or

attempted abortion it should be the duty of the Medical Superintendent

or Senior Medical Officer of the hospital to notify the police

forthwith, and supply all information in his possession which would

assist in establishing the identity of the offender and bringing him to

justice.

The widely accepted view of the medical profession, supported by high

legal authority, is that the bond of professional secrecy as between

doctor and patient is so important that it would be entirely wrong for

a doctor, without the patient's consent, to give information to the

police before her death.

It has been insisted that, were it to be compulsory for the doctor to

notify the police on the strength of information obtained in his

professional capacity, patients would refrain from obtaining the

necessary medical help under these circumstances, thus accentuating the

problem of deaths from abortion rather than limiting it.

It has been stated that already in one centre a disinclination to enter

hospital has been expressed by patients because they feared that the

police would be informed.

It is agreed, however, that the doctor should attempt to persuade the

patient, especially if her condition is serious, to make a statement to

the police.

The actual legal position in New Zealand was made quite clear by the

law officer of the Crown when asked by the New Zealand Obstetrical

Society in 1932 for an opinion.

This opinion, as published in the _New Zealand Medical Journal_

(Obstetrical Section), 29th October, 1932, was as follows:--

"A doctor is under no legal obligation to inform the police as to

the cause of the illness of a person which has been due to an

illegal operation, either in a case where the patient recovers or

in a case where the patient dies. He is, of course, under an

obligation to insert in the certificate of death which he furnishes

under the Births and Deaths Registration Act, 1924, the cause of

death, both primary and secondary. In that certificate, where the

death was the consequence of an illegal operation, he should insert

the nature of the operation as the primary cause of death. He need

not, of course, describe it as an illegal operation, but he would

describe the type of operation and the reason why such operation

was the primary cause of death--_e.g._, owing to incompetence or

ignorance, if that be the case.

"In giving this ruling I am, of course, referring merely to the

legal obligation--_i.e._, the duties imposed according to law.

Speaking generally, there is a moral duty on every person having

knowledge of a serious crime which is an offence against morality

as well as against law, to assist the police as far as possible in

its detection and suppression. The confidence of a patient may be a

legitimate ground for excluding that duty in some, or even in most,

of the cases of this kind. But no doubt there are certain cases

where the duty is clear. Instances are the case of a young and

inexperienced woman who has reluctantly submitted to the operation

at the hands of a person who is known as a practised abortionist,

or where the operation has been done by violence and against the

will of the subject. These, however, are questions of morality upon

which varying opinions may be held, and upon which I do not desire

to be taken as expressing a final opinion."

This legal opinion has not been challenged, though it has been

criticised.

Although the Committee appreciates the difficulties under which the

police are working, the evidence of other witnesses has led them to

agree that any extension in the direction of compulsory notification to

the police before death, and against the patient's wish, is open to

serious objections and is therefore not advisable.

Regarding the second issue, there is general agreement that there is a

duty on the doctor to assist the police, and that this should be done

by withholding a certificate of death and informing the Coroner.

The position has been more clearly defined as a result of a recent

amendment to section 41 of the Births and Deaths Registration Act, as

contained in section 12 of the Statutes Amendment Act, 1936:--

"12. (1) On the death of any person who has been attended during

his last illness by a registered medical practitioner, that

practitioner shall forthwith sign and deliver to the Registrar of

the district in which the death occurred a certificate, on the

printed form to be supplied for that purpose by the

Registrar-General, stating to the best of his knowledge and belief

the causes of death, both primary and secondary, the duration of

the last illness of the deceased, the date on which he last saw the

deceased alive, and such other particulars as may be required by

the Registrar-General, and the particulars stated therein shall be

entered in the register together with the name of the certifying

medical practitioner.

"(2) The medical practitioner shall at the same time sign and

deliver to the undertaker or other person having charge of the

burial a notice on the printed form to be supplied for that purpose

by the Registrar-General to the effect that he has furnished a

certificate under the last preceding subsection to the Registrar.

"(3) In any case where, in the opinion of the medical practitioner,

the death has occurred under any circumstances of suspicion, the

practitioner shall forthwith report the case to the Coroner.

"(4) Every medical practitioner required to give a certificate and

a notice as aforesaid, or to report to the Coroner as provided by

the last preceding subsection, who refuses or neglects to do so is

liable to a fine not exceeding five pounds."

Recently a consultation on this matter was held between the Minister of

Health and members of the Council of the New Zealand Branch of the

British Medical Association.

The Association expressed the opinion that the resolutions of the Royal

College of Physicians (England), which were laid down as a result of a

similar controversy in Great Britain, constituted the most satisfactory

guide in these difficult and responsible situations, and informed the

Minister that steps would be taken to make the position clear to all

its members. The resolutions are as follows:--

"The College is of opinion--

"1. That a moral obligation rests upon every medical practitioner

to respect the confidence of his patient; and that without her

consent he is not justified in disclosing information obtained in

the course of his professional attendance on her.

"2. That every medical practitioner who is convinced that criminal

abortion has been practised on his patient should urge her,

especially when she is likely to die, to make a statement which may

be taken as evidence against the person who has performed the

operation, provided always that her chances of recovery are not

thereby prejudiced.

"3. That in the event of her refusal to make such a statement he is

under no legal obligation (so the college is advised) to take

further action, but he should continue to attend the patient to the

best of his ability.

"4. That before taking any action which may lead to legal

proceedings, a medical practitioner will be wise to obtain the best

medical and legal advice available, both to ensure that the

patient's statement may have value as legal evidence and to

safeguard his own interest since in the present state of the law

there is no certainty that he will be protected against subsequent

litigation.

"5. That if the patient should die he should refuse to give a

certificate of the cause of death, and should communicate with the

Coroner.

"The college has been advised to the following effect:--

"1. That the medical practitioner is under no legal obligation

either to urge the patient to make a statement, or, if she refuses

to do so, to take any further action.

"2. That when a patient who is dangerously ill consents to give

evidence, her statement may be taken in any of the following ways."

[The procedure employed in taking this statement is then

specified.]

The Committee is also of the opinion that if the medical profession

closely follows this guidance and that of the amended section 41 of the

Births and Deaths Registration Act, the public interests will best be

served.

SUMMARY AND CONCLUSIONS.

I. The Committee is convinced that the induction of abortion is

exceedingly common in New Zealand, and that it has definitely increased

in recent years.

It has been estimated that at least one pregnancy in every five ends in

abortion; in other words that some 6,000 abortions occur in New Zealand

every year.

Of these, it is believed that 4,000, at a conservative estimate, are

criminally induced either through the agency of criminal abortionists

or by self-induction, either of which is equally dangerous.

It is clear that death from septic abortion occurs almost entirely in

such cases.

Such deaths have greatly increased in recent years, and now constitute

one-quarter of the total maternal mortality: in some urban districts it

amounts to nearly half of the total maternal mortality.

New Zealand has, according to comparative international statistics, one

of the highest death-rates from abortion in the world.

II. The Committee, after taking evidence from witnesses representing

all sections of the community, has formed the conclusion that the main

causes for this resort to abortion are:--(1)Economic and domestic

hardship; (2)changes in social and moral outlook; (3) pregnancy amongst

the unmarried; and (4) in a small proportion of cases, fears of

childbirth.

These matters are fully discussed.

III. Consideration has been given to the possible remedying of these

causes.

(_a_) In so far as economic hardship is the primary factor, certain

recommendations have been made regarding financial, domestic, and

obstetrical help by the State.

(_b_) To lessen any fear of childbirth where this exists, it has

been recommended that the public should be informed that New

Zealand now has a very low death-rate in actual childbirth and that

relief of pain in labour is largely used. At the same time the

Committee has advocated that further efforts in the direction of

pain relief should be explored.

(_c_) For dealing with the problem of the unmarried mother, the

Committee considers that the attack must be along the lines of more

careful education of the young in matters of sex, prohibition of

the advertisement and sale of contraceptives to the young, and a

more tolerant attitude on the part of society towards these girls

and their children.

(_d_) The Committee believes, however, that the most important

cause of all is a change in the outlook of women which expresses

itself in a demand of the right to limit--or avoid--the family,

coupled with a widespread half-knowledge and use of birth-control

methods--often ineffective. These failing, the temptation to

abortion follows.

The Committee can see only two directions in which abortion resulting

from these tendencies can be controlled:--

(1) By the direction of birth-control knowledge through more

responsible channels, where, while the methods would be more

reliable, the responsibilities and privileges of motherhood, the

advisability of self-discipline in certain directions, and other

aspects of the matter would be discussed.

The Committee believes that it is through the agency of well-informed

doctors, and, to a certain extent, through clinics associated with our

hospitals, that this advice should be given.

It is not, however, considered that this is a matter for the State

except to a limited degree.

(2) To appeal to the womanhood of New Zealand, in so far as selfish

and unworthy motives have entered into our family life, to consider

the grave physical and moral dangers, not to speak of the dangers

of race suicide which are involved.

This, it is considered, is a matter for all women's social

organizations to take up seriously.

IV. Certain further measures of a more general nature came under the

examination of the Committee.

The prohibition of the promiscuous advertisement of contraceptives, and

of their sale to the young; the licensing of the importation of certain

types of contraceptives; the restriction of the sale or distribution of

contraceptives to practising chemists, doctors, hospitals, and clinics;

the prohibition of the advertisement, or of the sale, except on medical

prescription, of certain drugs and appliances which might be used for

abortion purposes; these measures are recommended.

The specific legalization of therapeutic abortion (by doctors for

health reasons) as a safeguard to doctors was fully examined but is not

recommended.

The Committee is satisfied that the present interpretation of the law

is such that, where the reasons for the operation are valid, the doctor

runs no risk of prosecution.

The risks of an alteration in the law are great.

Legalization of abortion for social and economic reasons was also put

forward. The Committee has discussed the matter, and strongly condemns

any countenancing of this measure.

Though it may be conceded that legalized performance of the operation

by doctors in hospitals might reduce the incidence of surreptitious

abortion and deaths from septic abortion, we do not accept this as any

justification of a procedure which is associated with grave moral and

physical dangers.

With regard to sterilization, the Committee adopts the same view as

towards the specific legalization of therapeutic abortion.

It is believed that, where the reasons for the operation are in accord

with generally accepted medical opinion, there is no bar to its

performance.

We see, however, tendencies in the direction of extending this

operation far beyond the bounds of this accepted medical opinion.

For this reason we do not recommend any alteration in the present

position.

The failure to obtain the conviction of the criminal abortionist, even

in cases where the guilt seems beyond all doubt, has been discussed as

a matter of serious concern, and the Committee can only bring before

the public its responsibility, as represented by members of juries, for

the virtual encouragement of this evil practice.

Finally, the Committee, while fully conscious of its inability to place

before you a complete and certain solution of this grave problem, or

one which will satisfy all shades of opinion, believes that a definite

service will have been done through this investigation if full

publicity is given to the facts of the situation as here revealed, and

if the public conscience is awakened to the fact that, although State

aid and legal prohibitions may do something to remove causes and to

deter crime, the ultimate issue rests with the attitude and action of

the people themselves.

THANKS.

To Mr. C. Stubley, of the staff of the Department of Health, we extend

our thanks for the efficient manner in which he carried out his duties

as Secretary to the Committee, and also to Misses B. Frost and O. Clist

who, as stenographers to the Committee, had a very arduous task, and

whose excellent reports materially assisted the members of the

Committee in their final deliberations.

D. G. McMILLAN, CHAIRMAN.

JANET FRASER.

SYLVIA G. CHAPMAN.

T. F. CORKILL.

T. L. PAGET.

_Approximate Cost of Paper._--Preparation not given; printing (500

copies, including graph), L26 10s.

* * * * *

By Authority: E. V. PAUL, Government Printer. Wellington.--.1937.

_Price 9d._]

Report of the Committee of Inquiry into the Various Aspects of the Problem of Abortion in New Zealand · 第 4 / 4 章