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You're missing a massive distinction in your attempts of comparison. Yes, your two examples are of a person commiting a crime. The issue at hand is about the
by s5300 5y ago
You're missing a massive distinction in your attempts of comparison.
Yes, your two examples are of a person commiting a crime.
The issue at hand is about the privacy of healthcare/medical status. You cannot say somebody aided in abortion if you cannot prove whomever they were around was pregnant. You cannot ask in a legal sense if somebody is pregnant, was pregnant, or is now not pregnant, and force them to give a truthful answer/disclosure, that's against pre-existing medical privacy laws. Does that make more sense to you?
And in an attempt to make slight sense of that to one of your answers - yes, the act of commiting FGM on a child, or perhaps an adult who was somewhat forcibly taken somewhere to have the procedure done against their will, is a crime committed by whoever did it. However - to convict this person of the crime, the person mutilated would have to testify. As it deals with medical privacy - they do have to and can choose not to testify. Especially with a child, it gets more tricky - the parent to a certain age can choose not to testify per their rights to their child's medical privacy. If somebody was hellbent on trying to make a child testify against the perpetrator, they could attempt a massive legal battle to get state custody of the child, who can then somewhat legally force the child to testify or face some sort of legal recourse. Otherwise, you're basically going to need video evidence of the crime being committed, or an eyewitness account from a law enforcement agent/FBI/etc for any chance of legal prosecution.