ST. JOHN’S, Antigua (AP) — Doctors, nurses and activists in Antigua and Barbuda are fighting a colonial-era law that largely bans abortions, igniting a debate about women’s reproductive rights on the tiny twin-island nation.
A top local court ruled this month that a legal challenge launched by a doctor and a nonprofit organization will go ahead as it dismissed the government’s motion to strike the case.
If the case prevails, it could yield a landmark decision and prompt other jurisdictions to follow suit, said attorney Sherrie-Ann Bradshaw, who filed the constitutional challenge.
Abortion in Antigua and Barbuda is allowed only if a woman’s life is in danger. Laws dating from when the nation was under British colonial rule dictate that women who terminate their pregnancies under other circumstances could face up to 10 years in prison, and those who help them could face up to two years.
“Women’s rights are being trampled,” said Alexandrina Wong, executive director of the nonprofit Women Against Rape.
Wong hoped for a favorable hearing, though she acknowledged her optimism was tempered by pressures from local religious groups.
On Dec. 5, a judge will rule on whether Antigua and Barbuda’s Evangelical Alliance can be added to the case as an interested party.
The alliance represents 66 congregations from seven religious denominations. If the judge rules in its favor, that would give the anti-abortion religious group an opportunity to be heard during the court case.
“Who speaks on behalf of that unborn child?” said Pastor Olson Daniel, the alliance's president. “Who gives us the right to undo what God did?”
The government has argued that a court battle is not needed because sections of a sexual offenses act were repealed nearly 30 years ago, decriminalizing abortion.
Activists contend this is not the case. The legal challenge they filed argues that sections of the law “fail to provide guidance on the crucial difference between lawful and unlawful termination of pregnancy and consequently, encourage arbitrary and discriminatory application of the law.”
It also states that the lack of clarity has a “chilling effect” on those seeking or providing abortions.
Deputy Solicitor General Carla Brookes-Harris said a ruling from the court should help settle the matter and provide guidance regarding interpretation of the laws.
Abortions remain a contentious issue in the socially conservative Caribbean region.
Several Caribbean nations prohibit abortion altogether, including Jamaica and the Dominican Republic, while others such as Trinidad and Tobago allow abortions only to save a woman’s life or protect her health.