Earlier this month, under section 23 of Offences Against the Person Act 1861 lawyers were attempting to gain compensation for a child (6) suffering from Foetal Alcohol Syndrome (FAS). The event has sparked a public debate on whether legislation should be introduced to prosecute pregnant women who drink.
My thoughts? Quite simply no.
That’s not to say I am in favour of drinking whilst pregnant nor would I ever I advocate it. However, I am in favour of a woman’s right to make decisions for herself concerning her own body.
Firstly let’s look at what the professionals say:
NHS Choices: They are unsure how much is safe to drink during pregnancy and so state the safest option is not to drink. However, if you do want to drink, stick to 1-2 units, once–twice a week. (Supported by the Department of Health).
NICE Advice: During the first 3 months of pregnancy you should not drink due to risk of miscarriage. For the rest of your pregnancy you should (as before) have no more than 1-2 units, once –twice a week.
Royal College of Gynaecology: You should avoid drinking although drinking small amounts shows no harm.
From this, it’s quite clear the first trimester should be alcohol free yet there is no explicit direction not to drink during the second or third. Drinking in moderation seems to be acceptable medically although not encouraged.
A key question to start with; will criminalising drinking whilst pregnant actually help? In the case that has relit the debate, the mother is an addict. She began drinking when she was just 13 and also turned to drugs during her teens. Would turning her into a criminal for drinking whilst pregnant be the best solution? Probably not. For addicts the best way to help both the mother and child would be to support her in giving up alcohol. To criminalise addicted women would make their recovery harder.
And in the case of other women who casually drink, would criminalising them be appropriate? Should we be finding more reason to separate children from their parents? The NHS’ recommendation of an amount would indicate moderate drinking could be acceptable. So why should we take it upon ourselves to prosecute these women?
A friend of mine compared drinking during pregnancy to child abuse. They used it as a potential justification for criminalisation. His point being they are harming a foetus’ development, which in itself is abuse. In 2012-2013, 252 children were diagnosed with FAS can lead to facial deformity, physical and emotional development issue and poor memory/attention span. Such affects to a child will have incredible impacts on their life and so the argument of child abuse could be held as valid. However, is it with the same intent?
Of course the life of the unborn child is important but once we start regulating the choices pregnant women have, where will we stop? There are so many other factors, which can lead to birth defects.
Leading me onto my next question; do we have the right to legislate on such an issue? The Chief Exec of the British Pregnancy Advisory Service (BPAS) has argued that if we start here, it could start a snowball effect. What about for vital medications, which have in instances, been shown to affect foetus development? Should we legislate to stop women taking these? Or certain foods which can be detrimental? Or even the different types of childbirth? Where will we draw the line? Again I’m not suggesting alcohol is good for a child or should be drunk during pregnancy but there are so many other risk factors.
And what about regulation? How would we regulate pregnancy drinking? I mean realistically. Let’s say a law passed, how would we monitor what people do in the privacy of their own homes? How can we know when a woman becomes aware of their pregnancy? In fact how will others know of a pregnancy in order to prosecute or accuse? Are we going to start introducing random pregnancy tests to women we think may be pregnant and are having a drink?
For me, a better solution would be stronger campaigns advising against drinking whilst pregnant, more support for women who need help in stopping and more respect for women to make their own decisions.
Image Credits: The Guardian