Pro-lifers turn to ECHR to stop gender-based abortion in Great Britain

By Dave Andrusko

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Aisling Hubert

Aisling Hubert

Six months ago, it seemed as if the campaign to hold abortionists to account for sex-selective abortions in Great Britain had ground to a halt. But, perhaps not. Perhaps an appeal to the European Court of Human Rights [ECHR] might bring justice.

As NRL News Today readers recall, four years ago the Daily Telegraph undertook an undercover investigation which filmed two abortionists, Prabha Sivaraman and Palaniappan Rajmohan, saying they were willing to abort unborn children because the mothers told them they did not want a girl.

The Crown Prosecution Service (CPS) dropped the case, claiming that although there was “sufficient evidence for a realistic prospect of conviction,” it was not “in the public interest” to take action.

The director of public prosecutions (DPP) decided it was “more appropriate for the doctors to be dealt with through professional disciplinary hearings,” the BBC reported. By that was meant the Medical Practitioners Tribunal Service.

Abortionist Palaniappan Rajmohan

Abortionist Palaniappan Rajmohan

Pro-lifer Aisling Humber then brought a private prosecution against Rajmohan and Sivaraman. [While almost all criminal cases in England and Wales are brought to court by the CPS, any individual or group with evidence that a crime has been committed can bring about a private prosecution.]

However, the Crown Prosecution Service jumped back in, took the case over, and used its power to quash the case.

“In its ruling, the CPS stated that the ‘law does not, in terms, expressly prohibit gender specific abortions,’ adding that Miss Hubert did not have access to the original evidence needed to successfully prosecute Dr Sivaraman and Dr Rajmohan,” reported Harry Yorke for the Daily Telegraph.

That seemed to be the end of that.

Abortionist Prabha Sivaraman

Abortionist Prabha Sivaraman

But according to Yorke, pro-lifers are turning to ECHR in hopes of overturning the ruling.

Spearheading the appeal, leading religious rights barrister Paul Diamond will argue that the right to life outlined in Article 2 of the Human Rights Convention applies to the prenatal stage of pregnancy.

The case will also highlight that the “discriminatory” practice continues to be used by couples in Britain – namely those from certain ethnic backgrounds – who continue to prioritise having a boy over a girl.

European guidance appears to support the group’s basis for appeal. …

Mr. Diamond will argue that the previous recommendations issued by the Council of Europe’s decision-making body appear to support their case.

In 2002, the Council issued guidance to member states advising that they should “prohibit prenatal selection by sex,” while in 2011, Resolution 1829 called on all member countries to “introduce legislation” banning the discriminatory practice. …

The group [Christian Concern] adds that the application will call on “all of Europe to prohibit abortion on grounds of sex” and will seek to show that “the DPP failed” to uphold “this principle”. …

Andrea Williams of Christian Concern, speaking to the Sunday Telegraph, said, “It is a privilege to stand alongside Aisling in her courageous fight to challenge the establishment to deliver justice. “

He added, “So far, justice has not been done. These doctors were breaking the law when they agreed to offer abortions on the basis of gender. As a result of the refusal to act, baby girls in the womb in Britain remain at risk.”