Yes Benita and Freya will be successfully prosecuted basing on the common core principles that act as guidance in the support of health and general wellbeing of the public in social settings. Prosecution can only be successful when the Constable considers these principles before deciding on Benita and Freya punishment. In law, the main aim of the core principles that support good health are to build confidence for the public in pinpointing good health practices that are underpinned by certain indicative actions. For instance, in the scenario above, the group of anti-abortion advocates is out to try every means to persuade women and ensure all women refrain from going through procedural abortion. The act performed by Benita and Freya to some extent could be supported by law because of their efforts to try and see that children are saved. However, with their act of failing to protect the privacy of Xena, they are liable and punishable by the court of law.
The common principles that would support Freya and Benita prosecution are;
Knowing the signs of distress that might lead to abortion and act in appropriate response
Understand the relevance of good health and well-being as well as have good knowledge on how one can promote these among people who need support and care
Promoting respect and dignity through maintaining confidentiality, integrity and value of an individual’s experience and knowledge
Ensure that legal and equality rights are upheld according to the law particularly in relation the Act of equality 2010
Maintaining safety and safeguarding individual responsibilities by assessing risks and support where necessary
In this scenario, Freya should be prosecuted because she did not act in a manner that is sensitive to the feelings of Xena. On the other hand, Benita who is a child cannot be charged because all she wishes to see is the saving of all children who she sees are a blessing. According to the Public Health and Wellbeing Amendment Act 2015, communicating in a way that can be seen or heard to one particular person is liable to an institute of proceedings. In the scenario above, Benita the child acted as though she had received complete training on how to address those she thinks want to procure an abortion. Because she is a minor, what the Constable would do is charge the mother Freya as it could be assumed that much of the training was gotten from the mother. Freya could be charged not only for her daughter’s mistakes but for her mistake as well. Sensitivity to the feelings ofthose being addressed should be key in finding out whether Freya and Benita should be prosecuted. And because both parties did not consider Xena’s feelings, the court should charge them for being insensitive in their abortion campaign.
As Xena walked into the termination center and walked past the protest group, Freya evidently performed a mime that was directed to Xena and later on pointed her hand at her expansive stomach accusatorily wagging her finger and Xena. Freya’s performance made the crowd shout to her response as Benita also shouted in rehearsal as many times as she might have been taught by her mother making them guilty for hurting Xena’s feelings. Apart from the behavior of Fray and Benita, the constable could also charge Freya and her group for setting up advocates 145 meters from the surrounding center yet the distance should have been at 150 meters away from the fence. Having the meeting closer to the fence was a sign of interfering or impeding without any reasonable excuse. Having the meeting close to the abortion site was intentional in causing ridicule to all those who visited the clinic which is not necessary and makes the group liable. The public health and wellbeing amendment act of 2015demands that every service carried out within and outside the abortion facility should protect the safety and privacy of those seeking services and this is well known to social workers as well. In as much as the social workers were aimed at ensuring that the rights of unborn children are met, there are certain behaviors that are considered prohibited even under non prohibited terms and are punishable by the court of law.
Just because the abortion bill prohibits women from seeking abortion services, it does not mean that the community is not free to express their views and demands in whatever form they like. It is evident that the behavior by Freya and Benita did not respect the privacy of Xena and both are liable to court in failing to provide an environment free from abuse, fear and harassment to Xena. In my view, the constable should charge them for intimidating patients in an manner that is disrespectful and intentional according to the charter.
