Another Child is Born

In Prince Albert last week, a woman walked into a Wal-Mart, gave birth in a washroom, and left the baby face down at the bottom of the toilet. The store manager discovered and resuscitated the child.

The police asked that the perpetrator come forward “to ensure that she is OK.” The Saskatchewan Attorney-General announced that any woman doing something similar “won’t be prosecuted.” The Saskatoon Star-Phoenix reported “an unprecedented amount of public support for the mother and baby channeled through the store.”

A few days later, the woman did indeed come forward, and was given counseling. No charges were laid, although police say they are reserving that option. She spent no time in police custody. Her identity has been protected by authorities.

Now imagine the same situation, with only the sex of the perpetrator changed. A young man slips into Wal-Mart and leaves a baby face down in a toilet. The mother knows nothing about it.

Would he not be charged? Would his identity be protected? Would he be sent for counseling at government expense?

I doubt it. What do you think?

As the public outpourings illustrate, it is almost instinctive among us to want to exempt women from the entire criminal justice system. Laws, and discipline, apply only to men; women are free to do as they choose. In some cultures, this is a matter of law—in pre-modern Korea, for example, women could not be prosecuted for any crime short of treason. In our system, the pro-female bias is less overt, but just as real. I feel the same way myself—instinctively. It is, perhaps, man’s instinctive love for women. Even though, if this sort of preference were given to one class or race of men, over another, the injustice would be obvious.

But there is a serious disconnect here in our thinking. If women are not to be held responsible for their actions, they also cannot safely be given responsible positions. Notably, if they are not responsible for their actions towards children, they must not be given custody of children.

And yet, at that opposite end of the equation, we insist on equality, in the workforce, and absolute preference, in the case of child custody.

We cannot have it both ways. Though there are indeed two different ways in which equality of the sexes can be honoured.

The first way is the traditional one, in more or less all cultures: women are not held responsible for their actions, but are accordingly not given responsibilities, without some male supervision. Rights and responsibilities then balance out overall.

The second is to treat men and women in the same way. But this means, if we are going to insist on “affirmative action” quotas in the workplace and in promotions, we must also and equally insist on quotas in the prisons and in child custody. With equal rights to sue for compensation.

To have one without the other is the one really clear case of discrimination.

But this is not just a question of equality. It is a question of public safety as well. There is great danger in elevating to power and responsibility people who will not be held responsible for their actions, do not expect to be held responsible, and who have not had the prior experience of being held responsible for their actions. Individuals can rise above this, but statistically, it is hardly a prescription for peace, order, and good government.

We have our choice: two forms of equality. But, even for the sake of our future as a society, the current situation cannot be permitted to continue: one in which women have all the rights, while men have all the responsibilities.