A British mother of 6-year-old girl because of heavy drinking during pregnancy is facing criminal injury compensation litigation final. Once the offense was held to set up, it means that the future of women drinking alcohol during pregnancy had a legal life of this behavior will likely be classified as a criminal offense.
British landmark lawsuit
An unprecedented court hearings in the UK Court of Appeal has been launched, and will make a decision this week. Once the court found the defendant offense was established, it means that British women drinking during pregnancy had a legitimate personal life of this behavior may be classified as a criminal offense, but also for the future prosecution of pregnant women may cause fetal harm behavior as criminal offenses created an unprecedented precedent. Therefore, the case has been given landmark profound social significance.
In northwest England where the Commission is a 6-year-old girl to "stunting" seeks Criminal Injuries Compensation, representatives of local government lawyers accused the girl's mother during pregnancy caused by heavy drinking girl suffering from fetal alcohol syndrome, so the mother violate personal Injury law 1861, should be held criminally responsible for their actions.
In January, the Criminal Injuries Compensation Board (CICA) and without the support of their demands. The reason is, "the girl's mother when the implementation of behavior (alcohol during pregnancy), a girl who is not a legal sense, ...... therefore, as a matter of law, not her mother's physical abuse may become a criminal offense main body."
In the latest administrative appeal that the prosecution emphasized when a child is born with fetal alcohol syndrome was her mother's drinking during pregnancy "direct result."
Fetal alcohol syndrome (Fetal Alcohol Syndrome, FAS)
Fetal alcohol syndrome is caused by drinking the mother during pregnancy leads to embryonic and fetal damage is known as fetal alcohol spectrum disorders (Fetal alcohol spectrum disorder, FASD) is a group of diseases states most serious kind. It manifests itself in three aspects: 1) characteristic facial include: nasolabial fold smooth, thin upper lip and small 2) stunted growth: the performance of height or weight lower than normal children of the same age 3) central nervous system question: varying degrees of cognitive impairment (low IQ), attention disorders, movement disorders, learning disabilities or language barriers can also have feelings, learning and social skills disorders.
FAS diagnosis depends on the above characteristic features of the mother during pregnancy and drinking history. The latter is not a necessary condition for pregnant women because it requires its own report, which has a memory error or deliberately concealing usually exist.
Another two cases are alcohol-related neurodevelopmental disorder (ARND) and alcohol-related birth defects (ARBD), there are different degrees of mental disorders, behavioral and learning problems.
Social harm fetal alcohol syndrome
FASD is the most common congenital mental defect. In the past the United States estimated that the incidence of FAS 1 -3 , the total incidence of FASD 9 , roughly every 100 live births in 1 case. According to a new study published in the journal of the American Academy of Pediatrics, Grade 1 children in the United States Midwest and fetal alcohol syndrome, FAS prevalence portions respectively 6? 9 , 11 ~ 17 , FASD overall prevalence of 2.4 ~ 4.8%, much higher than the previous estimate of 1%.
Lot FASD population both personal tragedy but also a huge burden to society.
At the same time, nerve function and behavior of these people in specific brain damage caused by obstacles to life, characterized by 1) impulsiveness and lack of control, lack of ability to judge the consequences of the 2) the behavior of a lack of planning and foresight, can not understand other people's 3) have a tendency to violence and 4) receptive companions abetting or simply to please friends and engage in criminal behavior.
Thus, these people are usually more likely to engage in criminal, but also easy to become a victim of crime, which cause great harm to the community secondary.
Fetal alcohol spectrum disorder is 100 percent preventable
FASD reason is very clear, that women drink during pregnancy, and even a small amount of alcohol can also lead to fetal tragedy, the greater the risk, the higher the alcohol consumption. Periconceptional stop drinking it can 100% prevent the occurrence of FASD.
Given its enormous social harm and 100% preventable, FASD has been a growing concern of the international community. September 2013, the First International Conference on Prevention of FASD in Edmonton, Canada, and produced by the International Charter FASD prevention, urged the international community of common concern and take urgent action to prevent FASD.
Women suspected of drinking alcohol during pregnancy criminal bodily harm
In summary, although the cause of women drinking alcohol during pregnancy are many reasons, but knowing that if pregnant women drinking can cause fetal damage caused by FASD occurs, in order to satisfy personal taste and still drinking, then it could harm the fetus identified as subjective existence once born babies suffering from FASD, is a subjective intentional injury behavior caused harm to the fact that the de facto consequence, it is determined as a physical intentional injury criminal offense seems entirely consistent with the spirit of the law.
Addictive substance abuse during pregnancy constitutes a criminal offense if the debate
In fact, whether the addictive substance abuse during pregnancy constitutes a criminal offense debate in the 1980s it has already begun. In the United States, some prosecutors have attempted to reference in the judicial practice has been a series of allegations of criminal law to drug and alcohol abuse during pregnancy constitute a criminal offense. In South Carolina, the state Supreme Court ruled that a woman named Whitne because cocaine use during pregnancy can cause fetal harm incur criminal liability. In Wisconsin,, a woman named Zimmerman because of alcohol abuse during pregnancy is facing an attempt of manslaughter and reckless conduct a damage alleged crimes. Tennessee is the only state to become addictive substance abuse during pregnancy through legislation constitutes a criminal offense.
In place Arizona, Florida, Georgia, Kentucky, Massachusetts, Michigan, Nevada, New York and Ohio, etc., prosecutors also have tried to make similar allegations, but so far none yet success stories.
Opponents in opinion, there are plenty of reasons to reject such a determination.
Mentioned above CICA think a fetus has not yet become independent natural person, it is one of the reasons.
In the UK, women charity warned that without violating the existing law under the premise of pregnant women for their own lives and behavior have freedom of discretion, any such decision could seriously damage women's autonomy.
Some people worry that once the decision, then the other women during pregnancy may cause fetal harm behaviors, such as smoking, a therapeutic drug, did not take appropriate care measures, as well as choice of delivery method, once fetal harm a fait accompli, it is not the same They will face criminal charges?
There are also concerns, substance abuse addiction in order to avoid criminal charges and women choose to give birth plan.
At the same time, there is a charity appeal for women during pregnancy abuse addictive substances alone can not be attributed to the responsibility of women, but rather by the whole society to share, and by giving women more care system and the establishment of appropriate services to reduce and eliminate the cause of women during pregnancy undesirable substances using fetal injury.
For China, in the foreseeable future, such as pregnancy and drinking behavior is classified as a criminal offense the possibility is almost unlikely. Periconceptional drinking problem also common, even as large row of Chinese wedding customs and exceptionally widespread and severe, and thus all the more necessary to remind the majority of women on high alert in order to have a healthy and smart baby, periconception stop drinking, even if it is a ah little.
Licensing and commercial cooperation, please contact zhidaoribao@baidu.com, Baidu know the daily chase responsibility and rights reserved.
Article Source: Baidu know daily (http://zhidao.baidu.com/daily)
Original link: http: //zhidao.baidu.com/daily/view id = 3131?