Before Guyana legalized abortion , septic abortion was the third highest cause (19%) of hospital
admissions. Six months after the implementation of the new Act, there was a 41% reduction in
hospital admissions for septic abortions.9 Therefore, the legalization of abortion under certain
circumstances in Trinidad and Tobago would offer similar benefits such as the reduction of
unsafe abortions, the decrease in maternal mortality as a result of contracted infections from
unsafe abortions and less occurrences of infertility.
Additionally, legalizing abortion in certain circumstances would result in a positive domino
effect on the healthcare system. An official report from the Ministry of Health released in 2012
stated that approximately 4,000 women are hospitalized every year because of unsafe
termination of pregnancy, costing the state approximately $1 million10. The State would,
therefore, save medical expenses since the number of women who require a dilation and
curettage (D&C) procedure as a result of incomplete abortions would decrease. Thus, the
grounds for legalizing abortion should be broadened to reduce women’s need to resort to
clandestine procedures and the consequent health risks.
Perhaps, one of the most fundamental issues, with respect to abortion, brings forward the
controversy over whether the act of performing an abortion can be considered murder. The
classic definition of murder under the common law is that of Sir Edward Coke, which states:
"Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within
any country of the realm any reasonable creature in rerum natura under the King's peace, with
malice aforethought, either expressed by the party or implied by law, so as the party wounded, or
hurt, etc. die of the wound or hurt, etc. within a year and a day after the same."11
With reference to this definition of murder, only a 'reasonable creature in rerum natura' can be
the victim of a murder in criminal law. A 'reasonable creature' is one that has an independent
existence and accordingly, a foetus cannot be the victim of an offence of murder. Thus, it is not
murder to kill a foetus in the womb or in the process of leaving the womb. However, the debate
arises over the problem of determining at what stage does a foetus becomes a person. In the cases
9
Arthur, Joyce. "Yes, Legalizing Abortion Does Save Women's Lives." Abortion Rights Coalition of Canada, March 4,
2010.
10
Kowlessar, Geisha. "Referendum needed on abortions‐ Fuad." The Trinidad Guardian Media Ltd, 18 May 2012.
11
Ormerod, David. Smith and Hogan's Criminal Law, p489 (13th edn, Oxford University Press, 2011).
13