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	<title>Comments on: Abortion and the EU</title>
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	<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: soru</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-123349</link>
		<dc:creator>soru</dc:creator>
		<pubDate>Sun, 20 Nov 2005 13:48:59 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-123349</guid>
		<description>&lt;i&gt;On the other hand, any group deliberately stigmatized (such as gays or racial groups in some societies) is clearly disbarred from political equality by such discrimination.&lt;/i&gt;

Surely &#039;women who want heterosexual sex but don&#039;t want a baby&#039; is as definable a group as &#039;gays&#039;? There are people who are definitely members, people who are definitely not, and some in the fuzzy edges.

Treating the two groups so differently looks difficult to justify from first principles.

soru</description>
		<content:encoded><![CDATA[	<p><i>On the other hand, any group deliberately stigmatized (such as gays or racial groups in some societies) is clearly disbarred from political equality by such discrimination.</i></p>

	<p>Surely &#8216;women who want heterosexual sex but don&#8217;t want a baby&#8217; is as definable a group as &#8216;gays&#8217;? There are people who are definitely members, people who are definitely not, and some in the fuzzy edges.</p>

	<p>Treating the two groups so differently looks difficult to justify from first principles.</p>

	<p>soru</p>
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		<title>By: Matt</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122926</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Sat, 19 Nov 2005 15:34:06 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122926</guid>
		<description>John M- 
I think that we are just talking past each other now so this will be the last thing I&#039;ll post- I&#039;m not, quite obviously, trying to change _your_ beliefs about abortion- they don&#039;t interest me at all.  I&#039;ve been suggesting works that discuss the issue at question between us- whether most anti-abortion proponants believe abortion is murder, and reasons to think they do not.  Dworkin&#039;s book, which I&#039;ve mentioned a few times, directly discusses why one might be opposed to abortion, even very strongly, but not believe it&#039;s murder.  I won&#039;t bother to try to summarize it but will merely once again recommend it.  I don&#039;t agree with all of it but it has an extremely clear and sensitive discussion of all of these issues, including the case in Ireland, and is widely avaliable.  I think you&#039;d find it worth your time.</description>
		<content:encoded><![CDATA[	<p>John M-<br />
I think that we are just talking past each other now so this will be the last thing I&#8217;ll post- I&#8217;m not, quite obviously, trying to change <em>your</em> beliefs about abortion- they don&#8217;t interest me at all.  I&#8217;ve been suggesting works that discuss the issue at question between us- whether most anti-abortion proponants believe abortion is murder, and reasons to think they do not.  Dworkin&#8217;s book, which I&#8217;ve mentioned a few times, directly discusses why one might be opposed to abortion, even very strongly, but not believe it&#8217;s murder.  I won&#8217;t bother to try to summarize it but will merely once again recommend it.  I don&#8217;t agree with all of it but it has an extremely clear and sensitive discussion of all of these issues, including the case in Ireland, and is widely avaliable.  I think you&#8217;d find it worth your time.</p>
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		<title>By: john m.</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122810</link>
		<dc:creator>john m.</dc:creator>
		<pubDate>Sat, 19 Nov 2005 09:16:28 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122810</guid>
		<description>Matt, I don&#039;t mean this to be patronising in any way but you are not paying attention to what I&#039;m interested in. I personally do not need my opinion changed on the subject but as Kevin says, the anti-abortion crew here consider abortion to be murder and genuinely believe this. The right to travel referendum created an attempt to associate this right with abortion by the pro-life groups which failed on the grounds that it is impossible to start making laws like that without creating fundamental violations of human rights. It proves nothing in respect of abortion belief and humans specialise in holding contradictory beliefs in any event - as I pointed out in my original comment many anti-abortion people are pro-war. I believe it is religious belief that allows them hold contradictory views. As for Kevin suggesting most people in Ireland do not equate abortion with murder, I suspect he would be loath to suggest that a referendum to legalise it would pass here - somewhat undermining the point he makes. If it is not murder, why object to it? You can persist believing otherwise but nothing changes the fact that most anti-abortion campaigners consider abortion to be directly equivocal with murder - which is where I came in. That this is inconsistent with other views is not news to me but proves nothing.</description>
		<content:encoded><![CDATA[	<p>Matt, I don&#8217;t mean this to be patronising in any way but you are not paying attention to what I&#8217;m interested in. I personally do not need my opinion changed on the subject but as Kevin says, the anti-abortion crew here consider abortion to be murder and genuinely believe this. The right to travel referendum created an attempt to associate this right with abortion by the pro-life groups which failed on the grounds that it is impossible to start making laws like that without creating fundamental violations of human rights. It proves nothing in respect of abortion belief and humans specialise in holding contradictory beliefs in any event &#8211; as I pointed out in my original comment many anti-abortion people are pro-war. I believe it is religious belief that allows them hold contradictory views. As for Kevin suggesting most people in Ireland do not equate abortion with murder, I suspect he would be loath to suggest that a referendum to legalise it would pass here &#8211; somewhat undermining the point he makes. If it is not murder, why object to it? You can persist believing otherwise but nothing changes the fact that most anti-abortion campaigners consider abortion to be directly equivocal with murder &#8211; which is where I came in. That this is inconsistent with other views is not news to me but proves nothing.</p>
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		<title>By: Alison</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122807</link>
		<dc:creator>Alison</dc:creator>
		<pubDate>Sat, 19 Nov 2005 08:23:25 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122807</guid>
		<description>&lt;i&gt;Suppose, for purely natural reasons, abortion was impossible and that any pregnancy would have to eventuate in a live birth. Would you say that in such a world, women would be unable to stand as political equals with men, to function as citizens of democratic society?&lt;/i&gt;

That would be an interesting species, but it would not be our species. As a counter-example, let us imagine that it was impossible to relieve childbirth with anaesthesia  in any way. A woman in such a society could nevertheless be politically equal to a man, although she would risk painful death in the most terrible circumstances as a matter of routine. I personally would be dead in such a world.

But given that anaesthesia is available, to deny it for religious reasons, such that women experience a level of unneccessary suffering which no man has ever to confront, is a matter of political rights limitation. And it&#039;s sexist. To say &#039;men are banned from using anaesthessia in childbirth&#039; is meaningless. This is medicine that only women need.

Similarly in a world where abortion is possible, to ban it for religious reasons would cause unnecessary pain, death, and lifelong suffering - of a sort that no man ever has to face. Or it would require lifelong celibacy from all women - because nobody knows if a particular pregnancy will kill them.

A gay man forced to be celibate by law would be horribly oppressed, and I believe would be excluded from full respect and political involvement, because sexuality is part of one&#039;s intimate selfhood. Similarly a woman barred from medical treatment which exists and is needed for reproductive health is denigrated, excluded, and suffers and/or dies.</description>
		<content:encoded><![CDATA[	<p><i>Suppose, for purely natural reasons, abortion was impossible and that any pregnancy would have to eventuate in a live birth. Would you say that in such a world, women would be unable to stand as political equals with men, to function as citizens of democratic society?</i></p>

	<p>That would be an interesting species, but it would not be our species. As a counter-example, let us imagine that it was impossible to relieve childbirth with anaesthesia  in any way. A woman in such a society could nevertheless be politically equal to a man, although she would risk painful death in the most terrible circumstances as a matter of routine. I personally would be dead in such a world.</p>

	<p>But given that anaesthesia is available, to deny it for religious reasons, such that women experience a level of unneccessary suffering which no man has ever to confront, is a matter of political rights limitation. And it&#8217;s sexist. To say &#8216;men are banned from using anaesthessia in childbirth&#8217; is meaningless. This is medicine that only women need.</p>

	<p>Similarly in a world where abortion is possible, to ban it for religious reasons would cause unnecessary pain, death, and lifelong suffering &#8211; of a sort that no man ever has to face. Or it would require lifelong celibacy from all women &#8211; because nobody knows if a particular pregnancy will kill them.</p>

	<p>A gay man forced to be celibate by law would be horribly oppressed, and I believe would be excluded from full respect and political involvement, because sexuality is part of one&#8217;s intimate selfhood. Similarly a woman barred from medical treatment which exists and is needed for reproductive health is denigrated, excluded, and suffers and/or dies.</p>
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		<title>By: anon</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122653</link>
		<dc:creator>anon</dc:creator>
		<pubDate>Fri, 18 Nov 2005 20:25:50 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122653</guid>
		<description>In 79 you state &quot;On the other hand, any group deliberately stigmatized (such as gays or racial groups in some societies) is clearly disbarred from political equality by such discrimination.&quot;  I am trying to understand what you are describing here.  I don&#039;t know of laws preventing or enforcing &quot;stigmatizing&quot;.  I know of laws requiring equal access to the ballot, to jobs, to housing and to public accommodations.  Individuals can continue to rant against homosexuals and racial minorities and treat them badly in their individual relationships (aka stigmatize them).  Obtaining reproductive freedom is quite analogous to laws ensuring equal access to jobs, housing and public accomodations because it entails individual access according to the individual&#039;s own choice to safe and effective medical care.  

Your example of a world in which no abortion is possible is not a good one, because then nothing would be withheld for women in an invidious way.  Lets try a different example.  Suppose a cure were found for AIDS.  Then suppose we passed a law restricting this cure to men only (or to heterosexuals, or to persons who were infected after being raped).  So women (or gays, or non-rape victims) having AIDS could continue the burdensome treatments now available but men (etc.) could immediately be free of the disease forever.  Perhaps this law would be passed because the citizens in the majority felt that the women with AIDS should be punished for their sexual activity (not too dissimilar from the effort by some to restrict the administration of the newly proven vaccine against the human papilloma virus).  Obviously these afflicted persons would still be able to vote, to advocate politically.  But would you assert that such a law preserved the human rights and dignity of those affected?  

Bearing an unwanted child IS a form of stigmatization, especially in societies and social strata where unmarried sex is seen as a heinous sin.  Surely you are aware of the issue of honor killings in Turkey and elsewhere.</description>
		<content:encoded><![CDATA[	<p>In 79 you state &#8220;On the other hand, any group deliberately stigmatized (such as gays or racial groups in some societies) is clearly disbarred from political equality by such discrimination.&#8221;  I am trying to understand what you are describing here.  I don&#8217;t know of laws preventing or enforcing &#8220;stigmatizing&#8221;.  I know of laws requiring equal access to the ballot, to jobs, to housing and to public accommodations.  Individuals can continue to rant against homosexuals and racial minorities and treat them badly in their individual relationships (aka stigmatize them).  Obtaining reproductive freedom is quite analogous to laws ensuring equal access to jobs, housing and public accomodations because it entails individual access according to the individual&#8217;s own choice to safe and effective medical care.</p>

	<p>Your example of a world in which no abortion is possible is not a good one, because then nothing would be withheld for women in an invidious way.  Lets try a different example.  Suppose a cure were found for <span class="caps">AIDS</span>.  Then suppose we passed a law restricting this cure to men only (or to heterosexuals, or to persons who were infected after being raped).  So women (or gays, or non-rape victims) having <span class="caps">AIDS</span> could continue the burdensome treatments now available but men (etc.) could immediately be free of the disease forever.  Perhaps this law would be passed because the citizens in the majority felt that the women with <span class="caps">AIDS</span> should be punished for their sexual activity (not too dissimilar from the effort by some to restrict the administration of the newly proven vaccine against the human papilloma virus).  Obviously these afflicted persons would still be able to vote, to advocate politically.  But would you assert that such a law preserved the human rights and dignity of those affected?</p>

	<p>Bearing an unwanted child IS a form of stigmatization, especially in societies and social strata where unmarried sex is seen as a heinous sin.  Surely you are aware of the issue of honor killings in Turkey and elsewhere.</p>
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		<title>By: Chris Bertram</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122567</link>
		<dc:creator>Chris Bertram</dc:creator>
		<pubDate>Fri, 18 Nov 2005 19:02:03 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122567</guid>
		<description>Alison, all a right is here is a power or an immunity in legal or moral space. Let&#039;s conduct an thought experiment. Suppose, for purely natural reasons, abortion was impossible and that any pregnancy would have to eventuate in a live birth. Would you say that in such a world, women would be unable to stand as political equals with men, to function as citizens of democratic society? I think that would be an extraordinary thing to believe.

On the other hand, any group deliberately stigmatized (such as gays or racial groups in some societies) is clearly disbarred from political equality by such discrimination.

Let me reiterate that I am a supporter of choice. That doesn&#039;t stop me from being astonished by the way in which many on our side conduct their arguments. In particular, in claiming that abortion opponents by the mere fact of their opposition necessarily disrespect women as such or deny their equal status, some pro-choice advocates  simply wave away the moral complexities, the deep convictions of their fellow citizens, etc. Whatever else they do, someone who believes that some right-to-life considerations outweigh some reproductive rights is not, by the mere fact of taking that view, showing disrespect for their female fellow citizens. To misrepresent their view as doing that shows a lack of commitment to engage in reasonable dialogue with one&#039;s fellows.</description>
		<content:encoded><![CDATA[	<p>Alison, all a right is here is a power or an immunity in legal or moral space. Let&#8217;s conduct an thought experiment. Suppose, for purely natural reasons, abortion was impossible and that any pregnancy would have to eventuate in a live birth. Would you say that in such a world, women would be unable to stand as political equals with men, to function as citizens of democratic society? I think that would be an extraordinary thing to believe.</p>

	<p>On the other hand, any group deliberately stigmatized (such as gays or racial groups in some societies) is clearly disbarred from political equality by such discrimination.</p>

	<p>Let me reiterate that I am a supporter of choice. That doesn&#8217;t stop me from being astonished by the way in which many on our side conduct their arguments. In particular, in claiming that abortion opponents by the mere fact of their opposition necessarily disrespect women as such or deny their equal status, some pro-choice advocates  simply wave away the moral complexities, the deep convictions of their fellow citizens, etc. Whatever else they do, someone who believes that some right-to-life considerations outweigh some reproductive rights is not, by the mere fact of taking that view, showing disrespect for their female fellow citizens. To misrepresent their view as doing that shows a lack of commitment to engage in reasonable dialogue with one&#8217;s fellows.</p>
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		<title>By: Kevin Donoghue</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122557</link>
		<dc:creator>Kevin Donoghue</dc:creator>
		<pubDate>Fri, 18 Nov 2005 17:12:03 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122557</guid>
		<description>I think it&#039;s fair to deduce from that referendum result that &lt;em&gt;most&lt;/em&gt; people in Ireland do not equate abortion with murder. However if we are talking about anti-abortion campaigners it is pretty strong evidence that a good many actually do see it that way. I don&#039;t recall how many voted to restrict travel but it wasn&#039;t a tiny minority. Considering the historical context (the X Case was about a 14-year-old rape victim) that group clearly sees very little room for compromise.

I assume that many campaigners in other countries feel equally strongly, but they limit their demands to whatever looks attainable.</description>
		<content:encoded><![CDATA[	<p>I think it&#8217;s fair to deduce from that referendum result that <em>most</em> people in Ireland do not equate abortion with murder. However if we are talking about anti-abortion campaigners it is pretty strong evidence that a good many actually do see it that way. I don&#8217;t recall how many voted to restrict travel but it wasn&#8217;t a tiny minority. Considering the historical context (the X Case was about a 14-year-old rape victim) that group clearly sees very little room for compromise.</p>

	<p>I assume that many campaigners in other countries feel equally strongly, but they limit their demands to whatever looks attainable.</p>
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		<title>By: Matt</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122451</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Fri, 18 Nov 2005 15:13:31 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122451</guid>
		<description>John,
The point made by Kevin shows, I think, exactly why it _can&#039;t_ be the case that most people in Irland really think abortion is murder- the referendum passed was done _knowing_ it would lead to people going to have abortions.  They could have voted the other way.  Would they do that to allow the (undisputable) murder of, say, toddlers?  Surely not.  So why the difference?  Becuase, despite what they say, they don&#039;t really think it&#039;s murder.  People very often misreport their own beliefs.  Many people who say they think aboriton is murder go ahead and have them, all the time, in fact, because it would cause them some serious difficulties if they didn&#039;t do this, they think.  But, people don&#039;t murder in that way, even if they think they can get away from it.  I don&#039;t doubt that people use this rhetoric, but it doesn&#039;t fit with their actions.  If it did there would be a good reason for them to consider, say, a humanitarian intervention against, say, Belarus, since there are surely more abortions there every year than people killed by Sadam Hussain.  When people&#039;s actions don&#039;t fit with what they say, trust their actions as the true report of their beliefs.</description>
		<content:encoded><![CDATA[	<p>John,<br />
The point made by Kevin shows, I think, exactly why it <em>can&#8217;t</em> be the case that most people in Irland really think abortion is murder- the referendum passed was done <em>knowing</em> it would lead to people going to have abortions.  They could have voted the other way.  Would they do that to allow the (undisputable) murder of, say, toddlers?  Surely not.  So why the difference?  Becuase, despite what they say, they don&#8217;t really think it&#8217;s murder.  People very often misreport their own beliefs.  Many people who say they think aboriton is murder go ahead and have them, all the time, in fact, because it would cause them some serious difficulties if they didn&#8217;t do this, they think.  But, people don&#8217;t murder in that way, even if they think they can get away from it.  I don&#8217;t doubt that people use this rhetoric, but it doesn&#8217;t fit with their actions.  If it did there would be a good reason for them to consider, say, a humanitarian intervention against, say, Belarus, since there are surely more abortions there every year than people killed by Sadam Hussain.  When people&#8217;s actions don&#8217;t fit with what they say, trust their actions as the true report of their beliefs.</p>
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		<title>By: Karl-Friedrich Lenz</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122441</link>
		<dc:creator>Karl-Friedrich Lenz</dc:creator>
		<pubDate>Fri, 18 Nov 2005 14:57:54 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122441</guid>
		<description>The 1991 ECJ Grogan case

http://snipurl.com/k10q

said:

&quot;19 SPUC, however, maintains that the provision of abortion cannot be regarded as being a service, on the grounds that it is grossly immoral and involves the destruction of the life of a human being, namely the unborn child.

20 Whatever the merits of those arguments on the moral plane, they cannot influence the answer to the national court&#039; s first question. It is not for the Court to substitute its assessment for that of the legislature in those Member States where the activities in question are practised legally.&quot;

The EC (EU treaty was not in force in 1991) has no competence to decide about penal law of the Member States. Therefore, the Court can not decide that abortion is illegal in Great Britain, where the Member State has decided that it is not. The revers e would also be true. The EU can&#039;t go ahead and say that abortion is legal if a Member State legislates otherwise.

Therefore, the participants of that conference seem to be out of luck. There is no way the EU could legislate on the question under current rules.

I would also strongly oppose any proposals to change these rules. The EU already has enough legislative competences. There must be substantial rights of legislation left to Member States. And penal law is certainly one area that is strongly influenced by different cultural and religious backgrounds.</description>
		<content:encoded><![CDATA[	<p>The 1991 <span class="caps">ECJ </span>Grogan case</p>

	<p><a href="http://snipurl.com/k10q" rel="nofollow">http://snipurl.com/k10q</a></p>

	<p>said:</p>

	<p>&#8220;19 <span class="caps">SPUC</span>, however, maintains that the provision of abortion cannot be regarded as being a service, on the grounds that it is grossly immoral and involves the destruction of the life of a human being, namely the unborn child.</p>

	<p>20 Whatever the merits of those arguments on the moral plane, they cannot influence the answer to the national court&#8217; s first question. It is not for the Court to substitute its assessment for that of the legislature in those Member States where the activities in question are practised legally.&#8221;</p>

	<p>The <span class="caps">EC </span>(EU treaty was not in force in 1991) has no competence to decide about penal law of the Member States. Therefore, the Court can not decide that abortion is illegal in Great Britain, where the Member State has decided that it is not. The revers e would also be true. The EU can&#8217;t go ahead and say that abortion is legal if a Member State legislates otherwise.</p>

	<p>Therefore, the participants of that conference seem to be out of luck. There is no way the EU could legislate on the question under current rules.</p>

	<p>I would also strongly oppose any proposals to change these rules. The EU already has enough legislative competences. There must be substantial rights of legislation left to Member States. And penal law is certainly one area that is strongly influenced by different cultural and religious backgrounds.</p>
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		<title>By: john m.</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122423</link>
		<dc:creator>john m.</dc:creator>
		<pubDate>Fri, 18 Nov 2005 13:45:17 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122423</guid>
		<description>My bad. Same difference as the purpose was to stop her having an abortion. It gets confusing...</description>
		<content:encoded><![CDATA[	<p>My bad. Same difference as the purpose was to stop her having an abortion. It gets confusing&#8230;</p>
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		<title>By: Kevin Donoghue</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122422</link>
		<dc:creator>Kevin Donoghue</dc:creator>
		<pubDate>Fri, 18 Nov 2005 13:41:38 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122422</guid>
		<description>&lt;em&gt;The [Irish] state prevented a 14 year old girl from travelling to the UK (known as the X Case) on this very basis. It was overturned on the constitutional right to travel.&lt;/em&gt;

Not so. It was overturned on the grounds that there was a risk that she would commit suicide. The Irish Supreme Court did not uphold a right to travel. Such a right was established subsequently, by referendum.</description>
		<content:encoded><![CDATA[	<p><em>The [Irish] state prevented a 14 year old girl from travelling to the <span class="caps">UK </span>(known as the X Case) on this very basis. It was overturned on the constitutional right to travel.</em></p>

	<p>Not so. It was overturned on the grounds that there was a risk that she would commit suicide. The Irish Supreme Court did not uphold a right to travel. Such a right was established subsequently, by referendum.</p>
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		<title>By: Alison</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122412</link>
		<dc:creator>Alison</dc:creator>
		<pubDate>Fri, 18 Nov 2005 10:03:34 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122412</guid>
		<description>&lt;i&gt;I didn’t minimize the seriousness of women’s reproductive rights, I questioned their relevance to the possibility of women standing in a relation of political equality to their fellow citizens. You may disagree about that (but let’s hear the argument)&lt;/i&gt;

I don&#039;t think you have done more than to &lt;i&gt;assert&lt;/i&gt; that reproductive rights are not relevant to political equality. The arguments made by women to the contrary have been many and various over many decades, if not centuries, and I am sure you have heard them. You may disagree with them, but you have heard them.</description>
		<content:encoded><![CDATA[	<p><i>I didn&#8217;t minimize the seriousness of women&#8217;s reproductive rights, I questioned their relevance to the possibility of women standing in a relation of political equality to their fellow citizens. You may disagree about that (but let&#8217;s hear the argument)</i></p>

	<p>I don&#8217;t think you have done more than to <i>assert</i> that reproductive rights are not relevant to political equality. The arguments made by women to the contrary have been many and various over many decades, if not centuries, and I am sure you have heard them. You may disagree with them, but you have heard them.</p>
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		<title>By: john m.</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122403</link>
		<dc:creator>john m.</dc:creator>
		<pubDate>Fri, 18 Nov 2005 08:56:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122403</guid>
		<description>Sorry, screwed up the link. It&#039;s &lt;a href=&quot;http://www.youthdefence.ie&quot; rel=&quot;nofollow&quot;&gt;www.youthdefence.ie &lt;/a&gt;. Hypertext drives me nuts.</description>
		<content:encoded><![CDATA[	<p>Sorry, screwed up the link. It&#8217;s <a href="http://www.youthdefence.ie" rel="nofollow"></a><a href="http://www.youthdefence.ie" rel="nofollow">http://www.youthdefence.ie</a> . Hypertext drives me nuts.</p>
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		<title>By: john m.</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122401</link>
		<dc:creator>john m.</dc:creator>
		<pubDate>Fri, 18 Nov 2005 08:52:31 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122401</guid>
		<description>Matt, you&#039;re not bad on this. I invite you to come over and debate this with the pro-life groups here. The reason I say this is that the only flaw in your argument is that they disagree with you completely and volubly in every respect. You seem to be trying to convince me of the rights or wrongs of abortion rather than engaging with my post which was to outline the fundamental difference between the two sides and why it can never be closed. One side has passionately held, generally religious beliefs, that abortion is tantamount to murder. As you persist in telling me that they don’t really think this (despite me having to listen endlessly to this being said for the last twenty years or so) perhaps you’d like to get along here: &lt;a href=&quot;www.youthdefence.ie&quot; rel=&quot;nofollow&quot;&gt;Youth Defence&lt;/a&gt; one of the major pro-life groups in Ireland. Read their who we are. Key quote if you can’t be bothered (and I wouldn’t blame you): “The time to act is now, before Ireland joins the rest of the world in the slaughter of innocent children.” 

Now, to my eyes this is a pretty clear description of abortion as murder but feel free to tell me otherwise. You simply fall into the second camp (of largely rational secularism) where it becomes a matter of determining at which point after conception a human life is formed. I have sought to reduce the debate to its key points – one side says its murder (simple, clear). The other side (that’s you) creates endless debate and argument which all effectively centres on saying otherwise until point x has been reached. Of course, as soon as you nominate point x (which you personally have not done) you fall into the trap of having to defend point x + y e.g. 12 weeks? What about 12.5 weeks? What’s the difference? This is because pregnancy is a contiguous process which in each case progresses at a varied rate. In short, nothing you have said helps reconcile the positions I’ve outlined. Which is what I was after. 

Finally, you may note that I have not ever outlined my personal position on the subject.</description>
		<content:encoded><![CDATA[	<p>Matt, you&#8217;re not bad on this. I invite you to come over and debate this with the pro-life groups here. The reason I say this is that the only flaw in your argument is that they disagree with you completely and volubly in every respect. You seem to be trying to convince me of the rights or wrongs of abortion rather than engaging with my post which was to outline the fundamental difference between the two sides and why it can never be closed. One side has passionately held, generally religious beliefs, that abortion is tantamount to murder. As you persist in telling me that they don&#8217;t really think this (despite me having to listen endlessly to this being said for the last twenty years or so) perhaps you&#8217;d like to get along here: <a href="www.youthdefence.ie" rel="nofollow">Youth Defence</a> one of the major pro-life groups in Ireland. Read their who we are. Key quote if you can&#8217;t be bothered (and I wouldn&#8217;t blame you): &#8220;The time to act is now, before Ireland joins the rest of the world in the slaughter of innocent children.&#8221;</p>

	<p>Now, to my eyes this is a pretty clear description of abortion as murder but feel free to tell me otherwise. You simply fall into the second camp (of largely rational secularism) where it becomes a matter of determining at which point after conception a human life is formed. I have sought to reduce the debate to its key points &#8211; one side says its murder (simple, clear). The other side (that&#8217;s you) creates endless debate and argument which all effectively centres on saying otherwise until point x has been reached. Of course, as soon as you nominate point x (which you personally have not done) you fall into the trap of having to defend point x + y e.g. 12 weeks? What about 12.5 weeks? What&#8217;s the difference? This is because pregnancy is a contiguous process which in each case progresses at a varied rate. In short, nothing you have said helps reconcile the positions I&#8217;ve outlined. Which is what I was after.</p>

	<p>Finally, you may note that I have not ever outlined my personal position on the subject.</p>
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		<title>By: anon</title>
		<link>http://crookedtimber.org/2005/11/15/abortion-and-the-eu/comment-page-2/#comment-122387</link>
		<dc:creator>anon</dc:creator>
		<pubDate>Fri, 18 Nov 2005 02:49:13 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/15/abortion-and-the-eu/#comment-122387</guid>
		<description>Re 67:
I&#039;m curious which of, for example, the ECHR guarantees you do not consider &quot;relevant to the possibility of [a person&#039;s] standing in a relation of political equality to their fellow citizens&quot;.  It seems that abridging a woman&#039;s reproductive rights violates several of these guarantees, in the sections on dignity, freedom, and equality.  So you must consider some of these guarantees of lesser standing than the others.  Or perhaps you discount the ECHR altogether because it is &quot;constitutive&quot; and not &quot;legislative&quot;, or that rights contrbuting to dignity and freedom do not contribute to &quot;political equality&quot;.  But wait, there&#039;s the sodomy thing.  I just do not understand the distinction you are making.</description>
		<content:encoded><![CDATA[	<p>Re 67:<br />
I&#8217;m curious which of, for example, the <span class="caps">ECHR</span> guarantees you do not consider &#8220;relevant to the possibility of [a person&#8217;s] standing in a relation of political equality to their fellow citizens&#8221;.  It seems that abridging a woman&#8217;s reproductive rights violates several of these guarantees, in the sections on dignity, freedom, and equality.  So you must consider some of these guarantees of lesser standing than the others.  Or perhaps you discount the <span class="caps">ECHR</span> altogether because it is &#8220;constitutive&#8221; and not &#8220;legislative&#8221;, or that rights contrbuting to dignity and freedom do not contribute to &#8220;political equality&#8221;.  But wait, there&#8217;s the sodomy thing.  I just do not understand the distinction you are making.</p>
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