Pregnant and drug dependent: Ministry of Justice tries to intervene with prosecution
Drug use during pregnancy seems like a choice without any consequences. However, the Dutch Public Prosecution Service (OM) has decided to prosecute a mother for using alcohol and drugs during her pregnancy. Mariëlle Bruning, Professor of Child Law, tells current affairs programme ‘Nieuwsuur’ that she understands the decision taken by the OM. However, it’s difficult to draw the line when it comes to intervening.
During the last five months of her pregnancy, the woman in this case drank alcohol and used the drugs GHB and flakka. Child protection services knew about it and placed the mother under supervision. Despite this, she continued to use alcohol and drugs and refused help.
In response, the prosecution has taken a step that – as far as we know – is unique: it has decided to prosecute the mother. According to the OM, she was an addict and the child was at risk. The Dutch Child Care and Protection Board welcomed the prosecution as it could force the mother to accept help and realise that her actions were punishable by law.
‘I can understand the OM’s decision,’ responds Professor Bruning on Nieuwsuur. ‘The woman’s three other children have all been placed in care. She’s pregnant with her fourth child and still uses drugs excessively, which is extremely harmful.’
Professor Bruning adds that prosecution is complex in this case as there is no legal basis for it. ‘Judges should extend the legal provisions to unborn children. The issue is whether the unborn child is already considered to be a human.’
Another legal complexity is the amount of drug use during pregnancy that constitutes attempted manslaughter. Professor Bruning explains: ‘How much drug use counts as excessive drug use that could result in attempted manslaughter? And does the same apply to alcohol use? How about smoking? And where’s the cut-off point? That causes legal uncertainty, which I think will be problematic.’
The child has now been born and continues to live with the mother for the time being. The Child Care and Protection Board hopes that a verdict will result in the mother complying with agreements on providing safe care for her child.
More information
See the NOS article (in Dutch).
Image: Liv Bruce via Unsplash+