Socialist Action (US)

The monthly paper of Socialist Action, San Francisco, 1983–2010

"Democracy" versus human rights

Socialist Action, Vol. 10, No. 3, March 1992 · scan p. 2 · about 850 words

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"GET READY TO EXTEND OUR HOURS. THE SCHOOL BOARD CANCELLED ALL SEX EDUCATION CLASSES"

In a 1983 referendum In Ireland, voters narrowly approved a constitutional admendment that made all terminations of pregnancy illegal, even those resulting from rape. Because of this so-called "exercise in democracy" a 14-yearold rape victim has been denied her human right to end a pregnancy imposed on her by force and violence. By law, she must give birth to a child after having been raped by her best friend's father. Ireland's second-highest court issued a permanent injunction preventing the 14-year-old girl from traveling to Britain where she could have a legal abortion.

In his ruling, Judge Declan Costello of the High Court of Ireland said that the girl had repeatedly threatened to commit suicide if she could not have the abortion, and he acknowledged that the case was a "tragedy which involves a great measure of human suffering." But the judge ruled that under the Irish constitution's ban on abortion he had no choice but to issue the court order barring the operation.

By Between 4000 to 7000 women cross the Irish Sea every year to seek abortions in England and Wales, where they are legal. The judge's ruling would make criminals of them all, as well as anyone who assists them. Therefore it is important to know how this teenager's intentions came to the attention of Irish authorities.

It all started when her parents asked police whether they should retain tissue samples from the fetus—after the abortion-for use in criminal proceedings over the rape charge. The Irish forces of law and order said absolutely not! Thus the rape victim was put in a classic "Catch 22" trap: The court prevented her from having an abortion. Thus, a crucial element of proof for convicting the man who raped her was blocked by the same court's action. And if she carries the pregnancy to term, the crime against this 14-year-old girl is immeasurably worsened.

Apologists for such social injustice will argue: "But, the people of Ireland approved this law in a democratic referendum." Leaving aside, for now, how "democratic" the electoral procedure in capitalist "democracies" like Ireland really is, putting basic human rights up for a vote is an outrageous social injustice.

We have such a case in South Africa today. There the white minority has been asked by the head of that government to vote on whether or not apartheid the juridical denial of human rights to the Black majority-shall remain the law of the land. Any bets on the outcome of that election?

We also had such an infamous instance of "democracy" when slavery was instituted in this country and "democratically" upheld for over 80 years after the Declaration of Independence. That historic document declared that "all men are created equal." It failed to mention either Black people or women as having been created equal. We're still paying BACK ALLEY ABORTIONS for that one.

And after slavery was abolished, "Jim Crow" law-the American version of apartheid— was "democratically" upheld for nearly 100 years by the United States Supreme Court and both houses of Congress. And to this day, despite the Black movement's successful overthrow of "Jim Crow," de facto second class citizenship for Blacks still prevails.

But these instances of legal bypocrisy are only a drop in the bucket. American democracy is spotted by many other atrocities such as the branding of all American citizens of Japanese descent as dangerous to this country and then locking them up in concentration camps to be kept prisoner without trial during most of World War II.

And in another sphere of human rights just last year, the "democratically elected" House of Representatives and President of the United States forced striking railroad workers back to work under a contract imposed on them—in flagrant violation of the Constitution which proscribes involuntary servitude.

Voting on human rights, such as the right to life, liberty, and the simple pursuit of happiness is a ruling class trick.

No one has a right to vote on my right to life, liberty and pursuit of happiness—no matter how unhappy it makes them. And as long as the system of capitalist "democracy" compels me to yield my rights to someone else, my human rights are violated.

What is happening to that 14year-old young woman in Ireland is now a threat to young women everywhere and to all who love and care for them.

Whether it is "democratically elected" politicians who make the laws, or whether it is "impartial" judges who will "interpret" them, we don't have to accept their assault on our rights. We still have the right, and the duty, to get out there into the streets, in great numbers, and just say, "NO! We will not tolerate your assault on our basic rights-—not without a fight!"

All supporters of the right to choose must come out to march and protest in San Francisco on Sunday, March 29, and again in Washington D. C. on April 5, against the mounting attack on women's rights. LET'S MARCH IN SOLIDARITY WITH OUR YOUNG SISTER IN IRELAND!

← Contents of Vol. 10, No. 3, March 1992

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