PUBLICATION:              Montreal Gazette

DATE:                         2004.05.16

EDITION:                    Final

SECTION:                  Editorial / Op-ed

PAGE:                         A13

BYLINE:                     DEBORAH RANKIN

SOURCE:                   Freelance

--------------------------------------------------------------------------------

Canada needs informed-consent law on abortion: Fundamental principle of patient care. Women need complete information when making reproductive choices

--------------------------------------------------------------------------------

Margaret Somerville's article in favour of elective C-section as a delivery option, provided it is based on informed consent ( "The C-section option," April 4, 2004 ) is instructive about the need for meaningful consent in pregnancy decisions, consistent with the standards of patient-centred health care. She argues since a woman has a right to an elective abortion - one that is covered by medicare, whether or not it is medically necessary - a pregnant woman ought to have the same right to choose C-section, for nontherapeutic reasons.

However, her argument raises as many questions about the abortion decision-making process as it does about C-section, because there is no abortion law in Canada: No informed-consent provisions, no health-reporting information, no requirement to report statistics. There is simply no prohibition against abortion, which is qualitatively different than any claims made about women's health rights, or reproductive choice.

Successive attempts to bring in an abortion law - one that balances competing claims, while addressing important health and social issues - have failed. Recently, Saskatchewan MP Gary Breitkreuz introduced a motion calling for informed-consent abortion legislation. He said his motion would guarantee a woman contemplating abortion be given complete information about risks associated with the procedure and provide penalties for any physician who performs an abortion without the informed consent of the woman.

This was an important and timely initiative. Typically, women who abort find out about unwanted side effects the hard way - after the fact. But, the detrimental effects of abortion are not limited to grief and loss. There are more than 1,200 studies on the adverse psychological and medical consequences of abortion. These include severe psychiatric symptoms, suicide, breast cancer, infertility, pelvic inflammatory disease and an increase in pre-term and low-birth weight babies.

Parliament should have held health hearings on abortion by now, but Breitkreuz's earlier motion, proposing just that, was defeated last fall. The problem is that many politicians share an elite consensus that abortion is purely a matter of personal choice - no more medically or morally complicated than tooth extraction - and won't listen to any evidence to the contrary.

But, rather than ensuring reproductive freedom, unregulated access to abortion is a breeding ground for coercion and defective consent, as documented by numerous social studies. Support groups for post-aborted women, with names like Afro-American Women Exploited by Abortion and Victims of Choice, illustrate the fact many women feel their abortion decisions have been pressured, or made in a vacuum of real options.

Abortion-on-demand also gives unstable women the opportunity to medically maim themselves. In the U.S., where many states have enacted informed-consent laws, the National Abortion Federation, nevertheless, reports it is seeing women who have had as many as 14 abortions. Clearly, it will take more than mere regulation to change this kind of self-destructive behaviour.

Although informed consent isn't the highest ethical requirement of reproductive choice, it is a democratic imperative. Those concerned about the democratic deficit in Parliament must ask themselves how governmental complicity in coercion and censorship of health-reporting information, furthers their cause.

Is this what Canadians really want?

The Leger Marketing firm asked 1,882 survey respondents if they would support informed-consent laws similar to those in the U.S., which require before a woman has an abortion, her physician provide her with information about fetal development, possible complications and alternatives to abortion. A surprising 69 per cent said yes; 24 per cent said no and seven per cent didn't know. These findings dispel the belief Canadians support abortion-on-demand.

In Quebec, the CLSC Faubourg has received a provincial mandate to perform late-term abortions, yet counselling protocols don't normally require a woman considering an abortion undergo an ultrasound or receive any information about her pre-born baby's development.

In a strange twisting of priorities, the Quebec government is wiling to fund late-term abortions, but won't help families in crisis. By 2005, single mothers of newborn infants will have to show proof they are actively looking for work to qualify for social assistance - a move that is sure to increase the number of late-term abortions.

Federal politicians' responsibility to bring transparency to the abortion issue is long overdue. There is no reason why abortion should remain outside the ethical norms that govern the delivery of health care. It is absurd informed consent is required for organ donation after death, but not abortion before birth.

Informed consent is a fundamental principle of patient care and attempts to bypass it where abortion is concerned are a violation of patients' rights. After the election, the next federal government, whichever party forms it, must act to correct the errors of the past by enacting legislation that will truly protect the health and well-being of Canadian women.

Deborah Rankin is a Montreal writer.