By Europe correspondent Mary Gearin
A landmark legal case in the United Kingdom could lead to pregnant women being prosecuted for drinking alcohol, human rights campaigners warn.
Earlier this year the Northern Territory Government made the same proposal, but then backed down.
The case in the UK was brought by local government authorities who said a six-year-old girl born with foetal alcohol syndrome was affected by her mothers’ excessive drinking.
The authorities said the girl was the victim of a violent crime, specifically poisoning, and if successful, the case could lead to payouts for many other children.
Rebecca Schiller from the Birthrights charity said her organisation was concerned the case could set a precedent leading to the criminalisation of women’s behaviour while they are pregnant.
“I think we have to accept that responsibility lies within the mother’s jurisdiction,” she said.
“That’s what all previous rulings have felt, but we have to trust that the vast majority of women will make responsible choices based on their individual circumstances.”
Ms Schiller said criminalisation does not work and can be harmful to women and their children.
“Evidence from countries like the US where criminal penalties are levied against women… there is absolutely no suggestion that this criminalisation works,” she said.
“It doesn’t prevent women from abusing substances while they are pregnant, and what it does… is push those women into hiding from the healthcare professionals who could provide them with specialised support services.
“So we don’t believe this is going to help women or their unborn children and at the expense of whittling away at women’s reproductive rights in general.”
Court will consider whether foetus is separate biological entity
A lawyer for the authorities, Neil Sugarman, denied the case could open the door to the prosecution of pregnant women who drink.
“Nobody needs to be prosecuted; the perpetrator doesn’t need to be found; they don’t need to be found guilty,” Mr Sugarman said.
“But it’s a strange dilemma because it’s called the Criminal Injuries Compensation Scheme, but it’s about compensation to improve the life of these badly damaged children.”
A key issue for the court to consider is whether the foetus is a separate biological and legal entity and can be the victim of a crime.
A lower court has already ruled against that, but Mr Sugarman said the case was still strong.
“What’s under debate is a leading case where a pregnant woman was actually stabbed and she survived,” he said.
“The foetus was damaged it went on to be born, but died after it was born.
“In that case it was found that there was a conviction for manslaughter and that, we say, establishes the principle that it is possible to commit a crime against a foetus.”
Both sides of the argument agreed there needed to be more support for vulnerable pregnant women, and support for children born with impairments.
The case has been progressing through British courts for four years and it is unclear when a final decision will be handed down.