Au In the beginning was the Word
 

1. -      The abortion has always existed, although not with the easiness and diffusion it has now. In ancient Rome, roman historian Tacitus was astonished to observe that Jewish and Christian women didn't want to practice abortion. The problem is strongly present at this moment. A deep fight is taking place between the respect to human life from its beginning, and the freedom to abort. The conflict even goes to the language level, and, in this sense, the abortion appears like voluntary gestation interruption or like elimination of a human being in his existence initial phase. It represents a complex problem. It carries biological, juridical and theological data with it

2. -      Let us see the biological data. At the beginning of human life different phases are observed. In first place, the ovum fecundation by the spermatozoon (Oskar Hetwing, 1875), that takes place in the fallopian tubes and constitute the new biological reality, other than the mother. This initial cell, called zygote, contains in itself the genetic code, and the determination of all the hereditary biological and psychic process. It is also called germen, pre-embryo or pre-implanted embryo. In itself, embryo means germen.

3. -      Juan Ramón Lacadena, a Genetics teacher in the Madrid's Complutense University Faculty of Biology comments as follows: “The fecunded egg initiates its way towards the uterus, dividing itself in this way, reaching the uterus at the third or fourth day. It is to say, it is in a week from the fecundation when the embryo, already like blastoderm, starts to stick in the uterus walls, taking another week to end its fixation (nesting)”. (Faith and biology, PPC, Madrid, 2001,72).

4. -      The zygote is characterized by the all powerfulness, id est, by the possibility of subdividing itself into autonomous parts, with the same genetic code, like it happens in the case of monozygotic twins. The zygote goes from the form known like morula (16 cells forming a compact group) to the form known like blastula or blastocyst, connected embryonary cells that, through proliferation, grow to form the different organs. Growth in volume begins. The Greek word blastós means germen, outbreak, stem, son.

5. -            Fourteen days after fecundation the implantation or nesting in the uterus wall phase ends, required condition for the following feeding and development. It is also called the embryo phase. It goes from the third to the fourth week. At the beginning of this phase appears the shape known like gastrula (from the fifteenth to the eighteenth week) being different the three primitive germinal layers (ectoderm, mesoderm, endoderm) of those from which the diverse tissues and organs will derive. Between the seventh and eighth week, the skull, eyes outline, arms, legs and feet fingers, ears, can be identified.

6. -      Growing and matureness take place during the fetus phase. It goes from the eighth week to the end of the gestation. The fetus is the conception fruit from the end of the embryo period to the birth. Between these phases a series of vital process take place, determined by that genetic code constituted in the fecundation.

7. -      Some juridical data. In the ancient society, in Greece and in Rome, the abortion and the infanticide are generally allowed and socially accepted. This acceptance is based in the absolute authority of the father upon their children. Nevertheless, exceptions exist. The Hippocratic Oath includes an abortion rejection. The Cornelia Lex (about 85 B.C.) takes into account the penalties to those working with poison, including the abortive substances. Septimius Severo (193-211) sees the abortion like “an extraordinary crime” and the woman who aborts in condemned to the exile. Historian Flavius Joseph says that, in the Jewish world, “the law directs to educate every child, and forbids the woman to practice abortion; a woman guilty of that crime is an infanticide because she destroys a soul and decreases the race” (Contra Apion, II, 202)

8. -      In general, in the Christian society abortion is considered an assassinate and it is punished like a crime. Up to the tenth century, the penitence applied is limited to ten years, although the penitential books change. That of Theodore, Canterbury's archbishop (668-690), says that before the 40 days of development, penitence will be one year or even less; after this time, penitence will increase to three years. The Irish codes (about 675) distinguish between the baby's material fluid destruction (three years and a half penitence) and the flesh and spirit destruction (seven years and a half in bread and water, in continence). Distinction between the “formed fetus” and the “unformed fetus” is used. At the beginning of the tenth century, some canonical collections circulate collecting private type materials. The abbot Reginus of Prüm (about 900) includes a precept called si aliquis (if someone, from the initial words) that considers homicides to all those who wanted to do something against generation or conception. Reginus also includes a precept graduating the penitence, following if the fetus is more or less of 40 days old and if it is “animated” or not. Gracian´s decree (about 1140), that would have a great posterior influence, excludes that the abortion of a non-animated fetus (not formed) is considered like an assassination. The same will say Thomas of Aquinas, considering that animation (rational soul infusion) does not take place in the moment of conception, but later on. Nevertheless, Saint Thomas of Aquinas teaches that abortion is a grave sin, against natural law. (In IV Sent, dist. 31)

9. -      Civil code follows the steps of the canonical code. During the fourth century, in the Visigoth world, that who delivers an abortive product is punished to death. The woman is lashed, if she is a slave, and degraded, if she is noble. During the seventh century, the Chindasvinto´s code punish to death, or at least to blindness, to whom provokes abortion, or to the husband, if he orders or allows it. In France, during the Bourbons period, doctors, surgeons and obstetrics who provoked abortion, were condemned to the gallows.  In 1791, with the rationalism and the revolution, the penalty is reduced to 20 years in prison. The 1810 Napoleon's code punishes abortion with an “unlimited time” in prison. In Austria, under emperor Joseph the second, death penalty is eliminated in 1787 and the same happens in other western European countries. (See G. Grisez, The abortion, Ed. Sígueme, Salamanca, 1972, 285-408).

10. -    In the modern society large changes come out. Soviet Union legalizes abortion in 1920. Legalization pretends: to eliminate illegal abortion, to improve people's life level, to promote woman emancipation. Later restrictions (1936, 1944, 1955) pretend to favour population increase and fight abortion like burgess conscience residuals. In the rest of countries, says the soviet Encyclopaedia, the rich people aborts because of selfishness and the poor people due to their misery. During the thirties several Scandinavian countries assume abortion legalization, and Japan in 1948. From the sixties on, in the western countries abortion goes through a legalization process – with more or less restrictions depending on the countries. A massive reaction against legal punishment raises and a growing diffusion of the abortion is produced. Existing risks disappear, antidemographic mentality gains positions, freedom is exalted before the respect to a life in its beginning, human life is not considered in the initial phase, no desired or malformed children are avoided, secularisation process advances and the society gets itself free from the confessional tutelage.

11. – At present, the so named Law of Terms intends to change Spain's present law and to accommodate it to the European Union countries existing legislation. “Almost all of them have a law of terms combined with indications. Germany, Austria, Belgium, Denmark, Greece, Bulgaria, France, Norway and Finland, among others, show a term of free decision until 12 weeks of pregnancy. This term in increased until 18 weeks in Sweden. In Holland it reaches the 24 weeks, but in spite of this, statistical data show that this is one of the countries with lees abortions”, says Bibiana Aido, Equality Minister. “We do not want, she adds, a more permissive legislation, but safer. What we intend by changing the law is to end the juridical insecurity in the voluntary pregnancy interruption; an insecurity that, above all, affects the women, but also to the health professionals who draft the previous reports or practice the interruptions”. According to the available data, in 2007 112.138 abortions have taken place in Spain. It has accurately been said: “Our society in some moment will be ashamed of the abortions it provokes”

12. -    Some theological data. The Bible scarcely talks about abortion, since it is not practiced by the Jewish society. An abortion caused by a strike delivered to a pregnant woman is punished with a fine, according to what is imposed by the husband and through arbitration. (Ex 21,22). Life is a God's gift (Ps 127), lord of life and death (Dt 32,39). The parents participate in God´s creative work. The mother of the Maccabees brothers says: I wonder how you were born of me; it was not I who gave you breath an life, nor I who ordered the matter of your body.(2 Mc 7,22). And the sick Job: You wrapped me up in skin and flesh, knit me together with bones and sinews (Jb 10,11). An psalm 139: You deeply knew my soul and even my bones were known to you when I was formed in secret, fashioned in the depths of the earth. (Ps 139, 15).

13. - Prophets Jeremy and Isaiah, like Paul, feel themselves called by God from their mother womb (Jr1, 5; Is 49, 5; Ga 1, 15). They really recognize that their first relation came from God to them. In the name of God, Jeremy carries out the symbolic action of breaking a china jar in the Topheth valley, where children sacrifices are made. That is what I will do to this people and this city (Jr 19, 11). In the Gospel, when Elizabeth listens Mary's greeting and the baby leapt in her womb (Lk 1, 41), it is experienced like a signal given by the child.

14. -    From the beginning, the Christians defend human life in its mother's womb. Talking about the two ways frame (life-death, light-obscurity) we find the following precept in the Didaje and in the so-called Barnabas´ letter: “You shall not kill the son in his mother womb” (II,2; XIX,5). In the letter to Diogneto it is affirmed that the Christians “breed children, but they do not throw away foetus” (V.6) Athenagoras, a Christian philosopher from Athens, about 177 writes: “We affirm that those who practice the abortion commit homicide”, “what the woman carries in her womb is a living being” (Petition in favour of the Christians, 35). At the end of the second century, Clement of Alexandria affirms that the Christians “we do not kill with perverse instruments what the Providence has established for the human race” (Pedagogue, II.10,83 foll.) And the same Tertulian (about 155-220): “For us, since adultery is forbidden, is not even licit to finish up the foetus inside the uterus” (Apology, IX,8)

15. -    In the councils of Elvira (about 305) and Ancira (about 314) those practicing abortion are excommunicated. In the Eastern Church, Basil writes in the year 374 a letter as follows: “That who purposely destroys a foetus fall in the penalty foreseen for the homicide. We do not ask ourselves if the foetus is formed or not” (Letter 138). In the western church, Agustin criticizes those abandoning the children born against their will and adds: “This libidinous cruelty, or, if we want, cruel libido, reaches a point in which they employ sterilizing drugs and, if these are inefficacious, they kill the foetus in the mother's womb and throw it away”. (De nuptiis et concupiscentiis I,15,15).

16. -    About the human soul origin (if it is transmitted by generation or if it is immediately created by a new God's blowing) Agustin manifests his doubts and prefers “not to affirm what he cannot understand within the human reason nor to demonstrate with the divine authority” and he counsels “to imitate the Maccabees´ mother, who, even knowing that she had bred from her husband, and that the Supreme Creator had formed them in body and soul, nevertheless, she tells them: I don´t  know how you appeared in my womb”(From the soul and its origin, I, 13,16 and 15,25).

17. -    When does the human life begin? When initiated human life is already a human being?. As far as the first question is concerned, the teacher Lacadena says: “no scientific would doubt to answer that in the moment of the fecundation; id est, when from two different realities – the ovule and the spermatozoid – a new reality comes out – the zygote – with a potentiality of its own and a genetic autonomy, since, although he depends on his mother to subsist, his development takes place mainly according to his own genetic program. Since this genetic program is specifically human and not that of a mouse or a carrot, the new life is, evidently, human”. And about the second question “the range of opinions is ample and curious: from those considering that human life is a human being from the very moment of the conception, to those who base their opinion in relational criteria like being accepted by their parents, being recognized by the society, be intentionally procreated, be intended to live, ect. In the biological context in which we move, such relational criteria cannot be taken into account”, “from the genetic point of view, there is not to day a doubtless scientific answer

18. -    Two hypotheses exist in the Christian tradition. The successive animation, also called delayed, is defended by Thomas of Aquinas (1225-1274), who follows it from Aristotle (384-322): each shape requires a matter apt to receive it. The human soul (shape of the body) would be infused after the initial matter development: “rational soul is created by God when human generation is completed”, “this soul is sensitive and vegetative at the same time, corrupting in themselves the previous forms”, “the man engenders what is similar to him as far as due to the virtue of his seminal substance the matter for the reception of the rational soul is prepared” (Suma theological, I, c. 118, a.2). Aristotle places the initiation of the human being 40 days for men and 80 for the females after fecundation. Immediate animation was defended by some of the fathers or the Church  (Gregory of Niza, Basil, Tertulian) and it became common doctrine because it is presented, in case of doubt, like the surest position. When human life is at the stake, she must receive the benefit of doubt.

19. -    Most recent Church's teaching is unanimous: “Human life must be taken like sacred, since from its beginning it presupposes Creator's action” (John the XXIII, Mater et magistra. 1961), “life must be protected with most care from the conception; te abortion like the infanticide are abominable crimes” (Vatican II, GS 51), “that who procures abortion, if it takes place, will be excommunicated” (CIC, c. 1398), “human life must be respected and protected in an absolute way from the moment of conception” (Catholic Church Catechism, p. 2270), “a human being who initiates life is what is eliminated (with the abortion)”, “fecundation initiates human life adventure” (John Paul the II, EV 58).

20. -    It is not the same to deliver a moral judgement over the abortion than to deliver it over its unpenalization or legalization. Besides, “legalization it is not the same that unpenalization. Legalized behaviour becomes a right; that who desires to carry it out, may count on the State protection. On its side, unpenalization does not mean that the behaviour is not legal, nor that the State should protect it”, says Jose-Roman Flecha, a teacher on moral theology in the Salamanca Pontificious University (Fountain of life, Ed. Sigueme, Salamanca, 1999,194). The Christian must act according to his conscience, but taking into account that the laws are for all citizens. Civil law is not decreed to oblige citizens to accomplish the Christian moral precepts, but to regulate common living together. In the present situation, it is necessary to recall the fact the right to conscience objection that any health professional may formulate.

21. -    It is also necessary to recall: the Church establishes a new relationship with the world, when she leaves the old identification between Cristianisme and society, she comes out of the situation of Christianity, opts to live like a community in the middle of the society, respects the autonomy of the temporal questions, acknowledges the legitimate social pluralism, renounces to impose the Gospel by force, offers it in the weakness of the freedom. We take into account Jesus attitude, who does not yield to the pressure to ask the penalization for the woman who commits adultery (or abortion), but who calls her to conversion: Neither do I condemn you; go away and don't do it again (Jn 8,11).

* Dialogue on diverse positions:

-         First phase is considered human life (or not)

-         It is only a cellular life, biological material

-         It is a human life in his way

-         When human life is at the stake, benefit of doubt is due

-         The abortion like the infanticide are abominable crimes

-         Abortion penalization is requested

-         Unpenalization is accepted

-         Christian society has imposed brutal and criminal penalizations

-          Unpenalization and legalization is mixed

-          Conscience objection of the health professionals is respected

-         Legalization is accepted

-         Legalization is denounced

-         Abortion is denounced

-         A call to conversion is delivered

-          Our society will be in due time ashamed of the abortion it provokes

-         Present problems: day's after pill, DIU, assisted reproduction, frozen embryos, embryo's therapeutic cloning, investigation with embryonaire mother cells