Florida, United States
Court declares 16-year-olds not “mature” enough for an abortion
According to the three judges, the young woman had “not proven by clear and convincing evidence” that she was mature enough to decide on an abortion (symbolic photo)
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In Florida, a pregnant and orphaned 16-year-old wanted to abort her child. But a court ruled that the teenager wasn’t “mature” enough to make such a decision.
A teenage pregnant woman in the US may be forced to carry her child to term against her will. The 16-year-old, who no longer has parents, appealed an earlier judgment dated August 10. In it, a district judge barred her from having an abortion without the consent of a parent or guardian, as required by Florida law. A three-person appeals court in Florida now largely agreed with the district judge. The reason given was that the teenager “is not mature enough to decide whether she wants to terminate her pregnancy”.
According to the judges, the young woman had “failed to demonstrate by clear and compelling evidence” that she was mature enough to make an abortion decision, according to the judges. “After reviewing the paperwork, we affirm the court’s decision under the strict standards of appeals review set forth (in the Consent Act),” the decision reads.
According to the judge, the abortion case should be re-examined
However, the case has not yet been decided. While two of the judges clearly sided with the district judge, the third only partially agreed and partially disagreed. In his view, the Court of Appeals should send the case back to allow for further consideration.
“The minor is almost seventeen years old and has no parents. She lives with a relative but has appointed a guardian,” the judge stated. “She is aiming to graduate from high school and is taking part in a program to support young women who have experienced trauma in their lives.” The teenager experienced renewed trauma from the death of a friend just before she decided to request an termination of her pregnancy.
He also noted that in her application, which she hand-filled, the teen insisted that she was mature enough to make that decision, saying she wasn’t ready to have a baby, saying she wasn’t job, that she is still going to school and that her father is unable to support her. Her guardian also agreed with her decision.
Supreme Court overturned abortion rights in July
In July, the US Supreme Court handed the decision on abortion rights to the states. A number of states had already prepared legislation in the event that the Supreme Court overturned abortion rights. Since then, extensive restrictions, including bans on abortion, have been in effect in around half of the US states – or they are likely to come into force soon. Before the ruling, abortions were legal across the country at least until the fetus was viable. In southern states like Arkansas or Alabama, abortions are now also banned in cases of incest or rape. There are usually only exceptions in the case of medical emergencies. Even children could be forced to carry a child.
In the case of young people, there should not be much time left. In Florida, as of July 1, abortions after the 15th week of pregnancy are only possible in exceptional cases, for example when the life of the mother is in danger or the fetus has a fatal abnormality.
Watch the video: The stern title was a sensation at the time: in 1971, numerous women in the stern confessed to having an abortion, although they were threatened with imprisonment. Today, the initiator of the campaign, Alice Schwarzer, looks back and draws a sad conclusion.
Sources: Judgment of the Court of Appeal, NBC Newswith material from DPA