Report of the Committee of Inquiry into the Various Aspects of the Problem of Abortion in New ZealandNew Zealand. Committee of Inquiry into various aspects of the Problem of Abortion in New Zealand
Philosophy
Report of the Committee of Inquiry into the Various Aspects of the Problem of Abortion in New Zealand
New Zealand. Committee of Inquiry into various aspects of the Problem of Abortion in New Zealand
Abortion -- New Zealand
"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:--
Public-domain text, read in full here on John Shaqi.
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