Defining a fine line !

" Zoe's Law " is scheduled for debate in the New South Wales parliament next week and it is causing trepidation because it straddles a very fine line that may be interpreted in different ways.

" Zoe " was a thirty-two week foetus who died in her mother's womb when a heavily drug affected driver ran off the road and pinned the woman to a tree.  The baby's placenta was ruptured, and despite the efforts of doctors, the life could not be saved.

In the eyes of the present law,  Zoe never existed, except as an appendage of her mother's body.   The errant driver could not be charged with either murder or manslaughter because the law does not recognise a new life until the infant takes it's first breath.

Zoe's law seeks to change that.  It suggests a law change to " recognise the existence of a foetus of at least twenty weeks gestation ".   The hesitation of the parliament hinges on just how this law change may be interpreted in the higher courts.

The sticking point is - of course - abortion !   This law change tries to get around that by stipulating that it " specifically exempts anything done in the course of a medical procedure ".

The great majority of legal abortions are done well prior to twenty weeks, but some fear the anti-abortion crowd will seize on this to try and make abortion illegal in the higher courts - and there can be no certainty when it comes to the appeal system and how that applies to the individual thinking of superior court judges.

It is grossly unfair that a perpetrator escapes punishment for the death of a viable foetus caused by  criminal negligence simply because of a vagary of the law, but this could be construed to apply when a pregnancy is medically terminated.

It is impossible to satisfy all shades of public opinion on abortion and the parliamentarians who have a duty to vote on this law will need to carefully think through all the possible aspects of their decision.

At least they have the satisfaction of knowing that the final decision will rest at the highest level of jurisprudence - with the exalted judges of the High Court.

Whatever they decide - eventually a High Court challenge is certain !