Professor Sjef Gevers:

I thank the Senator for his questions. He asked how the regulatory system operates and, if I understood him correctly, what position it places physicians in, if they can go along with it and what problems they may encounter with the current system. At first sight, it might seem that our law could deter doctors because abortion is still a crime and perhaps one could expect that they would be afraid of performing an abortion. However, the abortion law has been in place for more than 30 years and is broadly accepted. It has been an accepted practice. The provision in the criminal code is not a deterrent as long as one remains within the well defined limits of the abortion Act. The further question was whether it is easy for doctors to operate and proceed within those limits. Basically it is, because there is so much emphasis on the procedure of coming to a good decision. We do not have a system with substantive criteria, for instance, whether in this case there is a medical problem, how serious it is and whether the life of the mother is in danger. No, the system is open to a large extent but there must be a counselling process aimed at careful decision-making. That allows doctors to take on board different reasons and motives for abortion and different individual situations. That does not make the decision less serious and far-reaching, but basically it is an open system that does not confine doctors to certain pre-defined situations.