This legal basis recognizes the free choice of a woman. Guidelines for safe abortion, § 4.2.1.6. Nevertheless, according to the general principles of necessity of criminal law, an abortion can be legally performed to save the life of a pregnant woman. In addition, Trinidad and Tobago, like a number of Commonwealth countries whose legal systems are based on English common law, follows the decision of the English Rex v decision of 1938. In Bourne, a doctor was acquitted of the crime of abortion in the case of a woman who had been raped. The court ruled that abortion was legal because it was performed to prevent the woman from becoming a “physical and mental wreckage,” setting a precedent for future abortion cases conducted on the grounds of preserving the pregnant woman`s physical and mental health. A woman has the right to know the status of her pregnancy and to respond to this information; Health protections or social reasons can be interpreted as including the burden on the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot be legally refused because the woman may decide to terminate her pregnancy. Guidelines for safe abortion, § 4.2.1.4. The penalty for a woman who has an abortion is four years in prison, and the sentence for a doctor or other person performing the procedure is the same.
Helping to find someone to perform an abortion or other preparatory steps is also illegal and is punishable by two years in prison. [3] Trinidad and Tobago was an island nation under British rule until 1962. [2] As a result, many of its laws mirror those of the United Kingdom, including the Offences Against the Person Act 1861, which states that abortion is illegal. “The Committee is concerned that: (…) (a) The low level of awareness of reproductive health issues among young people, in particular because reproductive health education is not part of the official curriculum; (b) the high incidence of teenage pregnancies and sexually transmitted diseases; (c) The high number of clandestine and unsafe abortions to which adolescent girls are subjected and which pose a serious threat to their lives; (d) The lack of data and insufficient attention given by the State party to adolescent health problems, including developmental, mental and reproductive health problems. The government of Trinidad and Tobago is affiliated with the Catholic Church and many laws are based on Christian commandments. The Billings Ovulation Method of Natural Fertility Regulation said they work under the Archdiocese`s Commission for Family Life of the Catholic Church. [5] The Catholic Church, and therefore the government, believes that sexual intercourse only serves to unite marriage and/or to produce babies. An alternative solution to legalize all abortions, known as the Billings Ovulation Method, has been proposed by the Church with the Billings Ovulation Method of natural fertility regulation. [5] This method suggests that women should observe symptoms in their bodies that indicate whether they are fertile or sterile, and this determines whether or not the couple should engage in sexual activity or abstain.
Health professionals who invoke conscientious objection must refer the woman to another voluntary and trained provider in the same or another easily accessible health facility. If referral is not possible, the medical professional who objects must perform a safe abortion to save the woman`s life, prevent serious injury to her health, and provide emergency care if the women have complications from an unsafe or illegal abortion. Guidelines for safe abortion, § 4.2.2.5. Although the law states that abortion is allowed to save a woman`s mental health, the law does not give a clear definition of the mental health problems included. As a result, it can be difficult for doctors, lawyers and midwives to assess when the law should be followed when it comes to mental health.