The book strives for as complete and dispassionate a description of the situation as possible and covers in detail: the substantive law applicable to euthanasia, physician-assisted suicide, withholding and withdrawing treatment, use of pain relief in potentially lethal doses, terminal sedation, and termination of life without a request (in particular in the case of newborn babies); the process of legal development that has led to the current state of the law; the system of legal control and its operation in practice; and, the results of empirical research concerning actual medical practice.
BBC Radio 4's Law in Action will be broadcast on Friday 15 October, 2004 at 1600 GMT. Abortion law is under close scrutiny, after it was revealed that an NHS-funded charity is helping women to get illegal late abortions abroad.
The British Pregnancy Advisory Service says the lack of abortion services for women who are 20-24 weeks pregnant is a scandal. The charity is the UK's largest abortion provider, and carries out 80% of terminations after 20 weeks.
A UK charity has insisted it is not breaking the law by referring women abroad for late abortions. The Sunday Telegraph has reported that the British Pregnancy Advisory Service helps set up hundreds of late abortions without medical justification. BPAS says not referring patients abroad would be "morally reprehensible".
A judge is to be asked to institute criminal proceedings against the Spanish clinic which was exposed as carrying out illegal late abortions on hundreds of British babies. A denuncias - the Spanish term for an accusation of criminal activity - will this week be laid against the Ginemedex clinic in Barcelona, citing the extensive video and audio evidence collected by this newspaper, proving that it is flouting abortion laws. The judge will decide whether to order a full police investigation into the scandal, which was uncovered when staff at the clinic agreed to carry out an abortion on an undercover reporter who was 26 weeks, or almost six months, pregnant, even though both she and the baby were healthy.
A leading British provider of abortions did not break the law when it told women who wanted late terminations about a clinic in Spain that would perform them, a report by Liam Donaldson, the chief medical officer for England, concluded last week. Professor Donaldson investigated the charity the British Pregnancy Advisory Service (BPAS) after a newspaper reported that it was illegally referring women to Spain for abortions after 24 weeks’ gestation, the limit in Britain for abortions for "social" reasons. Professor Donaldson has decided that BPAS did not break the law by telling women about the Spanish clinic. But he criticised it for giving out the clinic’s telephone number too readily and for not giving appropriate advice to women seeking a late abortion.
For the 18th year in a row, Spain leads the world in the number of deceased organ donors per million people -- 34.3. This is a commonly used benchmark of the effectiveness of a donor system and other countries lag far behind. The average for the European Union is 18.1 and in the US it is 26.3. In the UK, the figure is 14.7 and in Australia 12.1 donors per million. The Spanish are particularly proud of their record, which was achieved despite a steady decrease in the number of traffic deaths, a major source of organs. What is the secret of the Spanish system? Dedication and teamwork.In 1989 the government set up a national network of transplant coordinators. They work in all hospitals and closely monitor emergency wards to be aware of potential donors. When they learn of a death, they tactfully try to persuade relatives to allow the person's organs to be harvested. Only about 15% of families refuse consent nowadays, a huge drop from 40% before the system was set up.
A new law that legalises abortion on demand in Spain for the first time and came into force on July 5 could be suspended and delayed for months or years as opposition groups demand a judicial review. Two appeals have been lodged with the Spanish Constitutional Court, which has the power to abolish laws it finds unconstitutional. The appeals are from the conservative Popular Party—the strongest group in opposition—and the regional government of Navarre. The court has agreed to review the law and has set a two week deadline for the government, the congress, and the senate to register their opposition to the review. The Popular Party has asked for the law to be suspended as a precautionary measure until the court delivers its judgment. If the request is granted the law could be delayed for months or years, even if the judicial institution decides that the law is constitutional.
Abortion on demand for some women will be legal for the first time in Spain from next July. The controversial law that allows women to have an abortion without restrictions during the first 14 weeks of pregnancy was approved in the Senate last Wednesday by a majority of six votes. Representatives of the Spanish Socialist Party and feminist groups welcomed the law, which was promoted by the socialist government. They described it as a "historic step" in the fight for women’s rights. Spain’s president, José Luís Rodríguez Zapatero, said that from now on "it won’t be possible to send women to prison for interrupting their pregnancy." He added that the previous law had been an advance at the time but that "lately it has caused some problems."
The number of organ donors and transplantations fell last year in Spain, the country that leads the ranking in both and whose transplantations model was recently adopted by the EU. The decline—which signals a break in the increase seen in recent years—was caused largely by a sharp reduction in deaths from traffic incidents. Improved management of cerebral infarctions and a small increase in the refusal rate to donate organs among families whose relative has died have also contributed to the fall. The reluctance to donate is particularly widespread among the immigrant population. The number of organ donors in Spain dropped from 34.4 per million inhabitants in 2009 to 32 million in 2010, while the total number of registered donors fell from 1606 in 2009 and 1502 in 2010, reports the Spanish National Transplant Organisation. This reduction is the largest seen in the past 20 years.