Australian Attitudes to Early and Late Abortion

Total Page:16

File Type:pdf, Size:1020Kb

Australian Attitudes to Early and Late Abortion RESEARCH Australian attitudes to early and late abortion Lachlan J de Crespigny, Dominic J Wilkinson, Thomas Douglas, Mark Textor and Julian Savulescu ictorian abortion laws were ABSTRACT reformed in October 2008 following Objective: To investigate community attitudes to abortion, including views on whether a review by the Victorian Law V 1 doctors should face sanctions for performing late abortion in a range of clinical and Reform Commission. The laws in New South Wales, South Australia and Queens- social situations. land are similar to the old Victorian laws Design, setting and participants: An anonymous online survey of 1050 Australians which were criticised as being obsolete and aged 18 years or older (stratified by sex, age and location) using contextualised unclear.1,2 Recently, there has been debate questions, conducted between 28 and 31 July 2008. on abortion law reform in both Queensland Main outcome measures: Attitudes to abortion, particularly after 24 weeks’ gestation. 3,4 and NewThe SouthMedical Wales. Journal of Australia ISSN: Results: Our study showed a high level of support for access to early abortion; 87% of Previous surveys of community attitudes respondents indicated that abortion should be lawful in the first trimester (61% 0025-729X5-7 5 July 2010 193 1 9-121 to abortion©The Medical have severalJournal limitations.of Australia 2010 It is unconditionally and 26% depending on the circumstances). In most of the clinical and unclearwww.mja.com.au what proportion of those who sup- social circumstances described in our survey, a majority of respondents indicated that port theResearch right to access abortion believe that doctors should not face professional sanctions for performing abortion after 24 weeks’ it should be restricted on the basis of factors gestation. such as gestational age and women’s reasons Conclusions: Our data show that a majority of Australians support laws which enable 1 for seeking abortion. Europeans tend to women to access abortion services after 24 weeks’ gestation, and that support varies 8 support women’s access to abortion; Amer- depending on circumstances. Simple yes/no polls may give a misleading picture of 9 icans are more likely to oppose it. public opinion. Late abortion is especially controversial, although less than 2% of abortions occur at MJA 2010; 193: 9–12 10,11 20 weeks or later. Few data support the See also pages 13, 26 belief that Australians strongly oppose women’s access to late abortion,12 while surveys in the United Kingdom13 and Participants on this panel elect to either years, 11%; 40–44 years, 9%; 45–49 years, United States14 do report opposition. receive awards points or participate in a 10%; 50–54 years, 9%; 55–59 years, 8%; Given the limitations of existing data, prize draw in return for completing a survey. 60–64 years, 7%; у 65 years, 14% community views may be misinterpreted in A random sample (stratified by age, sex and • Location: New South Wales, 33% (21% public debate about abortion law reform. location) was invited to participate, pro- Sydney, 12% elsewhere); Australian Capital We conducted a survey of Australian atti- vided with a short preamble regarding the Territory, 2%; Victoria, 24% (18% Mel- tudes to abortion, including late abortion, subject matter of the survey, and then asked bourne, 6% elsewhere); Queensland, 20% during mid 2008. for their consent to participate. (9% Brisbane; 11% elsewhere); Western Aus- Respondents were asked to confirm their tralia, 10% (7% Perth, 3% elsewhere); South METHODS background information, such as age, sex Australia, 8% (6% Adelaide, 2% elsewhere); An online survey of Australian adults was and location, and provided with factual Tasmania, 2%; Northern Territory, 1%. conducted between 28 and 31 July 2008. information about the proposed law change Weighted frequencies and cross-tabula- The target population was defined as all in Victoria. They were then asked about tions were then used to produce results as their views on abortion. To avoid invalid or percentages. A summary of the results has Australian residents aged 18 years or older. 18 Oversampling was used in Victoria so that prompted answers, respondents were not been reported elsewhere. more statistically accurate results could be permitted to revise previous answers once In accordance with the National Health gained for Victoria, in light of its pending they had proceeded to a new question. The and Medical Research Council National questionnaire was tested before full online statement on ethical conduct in human abortion law reforms. To provide representa- 19 tive national results, the oversample for launch, and standard quality control pro- research, ethics approval was not sought Victoria was weighted to reflect (in addition cedures were applied. because the survey was anonymous and to other demographic criteria) the propor- The survey data were weighted15,16 by sex, followed procedures that are usual for pub- tion of the Australian population residing in age and location according to the latest avail- lic opinion surveys. Victoria. able data from the Australian Bureau of Statis- The survey was conducted by a private tics;17 notably, the oversample for Victoria RESULTS market research organisation (Crosby Tex- was weighted to reflect actual population Four per cent of individuals who were tor, Sydney, NSW) with experience in meas- proportions of sex, age and location. The invited to participate in the survey declined, uring public opinion on health and medical weighted population breakdown was as fol- and 15% of started surveys were not com- issues. An online panel of more than lows: pleted. Of the 1050 respondents who com- 500 000 recruited participants (Permission- • Sex: male, 49%; female, 51% pleted the survey, 526 resided in Victoria Corp, Sydney, NSW) was used as a repre- • Age: 18–19 years, 4%; 20–24 years, 9%; and 524 resided in other states and territ- sentative sample frame for this study. 25–29 years, 10%; 30–34 years, 9%; 35–39 ories. After weighting the oversample for MJA • Volume 193 Number 1 • 5 July 2010 9 RESEARCH were slightly less likely to oppose sanctions 1 Attitudes regarding whether abortion should be lawful during each trimester than those without a religious affiliation. of pregnancy (effective national sample size, 798)* Public opinion research can have a major First trimester Second trimester Third trimester† impact on government policy and, there- Lawful 61% 12% 6% fore, on access to quality medical care. Although results of such research are quoted Unlawful 12% 28% 48% widely in medical literature, they are not Depends on the circumstances 26% 57% 42% usually peer reviewed. To our knowledge, Can’t say or don’t know 1% 3% 5% our study is the first detailed survey of Australian attitudes to late abortion that * Weighted frequencies and cross-tabulations were used to calculate percentages. † Total of percentages is greater than 100% due to rounding. ◆ includes attitudes in various clinical and social situations. Our findings challenge the belief that Australians strongly oppose Victoria, the effective national sample size each trimester and to sanctions in the vari- women accessing late abortion.12 15 was 798. Weighting factors other than that ous circumstances, of respondents who Limitations of our study include that it is relating to location fell within acceptable resided in Victoria and those who resided in cross-sectional at a single time point and margins (0.96–1.04). any part of Australia (differences, 0–4 per- small. Although the margins of error were The maximum margin of error for this centage points; maximum CI, ±2.5–4.3 per- small, these apply only to measuring a pro- effective national sample size of 798 is a centage points), nor between men and portion based on the total sample. However, 20 ±3.5 percentage point confidence interval women (differences, 0–4 percentage points; the sample size was sufficient to enable a in 95 of 100 cases (at the 95% confidence maximum CI, ±2.9–4.4 percentage points). high level of confidence, which makes the 21 level) with results of about 50%. Margins Seventeen per cent of women indicated they data generalisable to the Australian popula- of error are smaller for results further from had personally had a pregnancy termina- tion. The 4% opt-out rate in our study 50%, but may increase for analyses of sub- tion, and these women were more likely to minimised potential sample bias, and the samples. For example, the effective over- oppose sanctions than the female popula- 15% drop-out rate was not unusual for this sample for Victoria of 523 has a maximum tion generally (ie, all women, regardless of data collection method. ± margin of error of 4.3 percentage points in whether they had had an abortion) (differ- Online data collection might be replacing 95 of 100 cases with results of about 50%, ences, 6–20 percentage points; maximum paper-and-pencil surveys in academic ± and the effective sample for other states and CI, 6.9–11.5 percentage points). Respond- research.22 It enables more candid and con- territories of 505 has a maximum margin of ents aged 45 years and older were more sidered answers to highly personal and ± error of 4.4 percentage points in 95 of 100 likely to oppose sanctions than those aged potentially confronting issues. Potential cases with results of about 50%. 18–44 years (differences, 2–12 percentage problems associated with online survey ± points; maximum CI, 4.3–5.0 percentage research, many not unique to this Attitudes to abortion points). Respondents who nominated a reli- approach,22 include the use of volunteer Eighty-seven per cent of respondents indi- gious affiliation were slightly more likely to sampling rather than probability sampling, cated that abortion should be lawful in at support sanctions than those who reported the possibility that respondents are not rep- least some circumstances in the first trimes- no religion (differences, 2–10 percentage resentative of the target population, and the ± ter; 69% indicated this for the second tri- points; maximum CI, 3.4–6.6 percentage fact that not everyone has internet access.
Recommended publications
  • Submission to Tas Legislative Council-Final
    Castan Centre for Human Rights Law Monash University Melbourne Submission to the Tasmanian Legislative Council Committee Government Administration A on the provisions of the 1 Reproductive Health (Access to Terminations) Bill 2013 July 2013 Prepared by: Ms Tania Penovic, Lecturer in Law at Monash University and Deputy Director, Castan Centre for Human Rights Law. Dr Ronli Sifris, Lecturer in Law at Monash University and Associate of the Castan Centre for Human Rights Law. 1 Aspects of this submission have been taken from: Ronli Sifris, ‘A Woman’s Right to Choose: Human Rights and Abortion in Australia’ in Paula Gerber and Melissa Castan (eds), Contemporary Human Rights Issues in Australia (Thomson Reuters, 2013) 251-273. 1 Comments on the Reproductive Health (Access to Terminations) Bill The Bill removes abortion services from the Criminal Code Act 1924 and places them within the ambit of medical services. We commend the removal of the crime of abortion from the Criminal Code. This approach to reproductive health services advances the rights of women and is consistent with standards of human rights applicable in Tasmania. Our submission will address a number of provisions of the Bill. We will first consider the removal of the crime of abortion from the Criminal Code in clause 14 of the Bill. We will then provide detailed comments on the Bill, with particular reference to clauses 4 to 9. Clause 14: Removal of the crime of abortion from the Criminal Code The Bill removes the crime of abortion from the Criminal Code and introduces a new framework which regulates abortion as a health matter.
    [Show full text]
  • Abortion, Homosexuality and the Slippery Slope: Legislating ‘Moral’ Behaviour in South Australia
    Abortion, Homosexuality and the Slippery Slope: Legislating ‘Moral’ Behaviour in South Australia Clare Parker BMusSt, BA(Hons) A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy, Discipline of History, Faculty of Humanities and Social Sciences, University of Adelaide. August 2013 ii Contents Contents ii Abstract iv Declaration vi Acknowledgements vii List of Abbreviations ix List of Figures x A Note on Terms xi Introduction 1 Chapter 1: ‘The Practice of Sound Morality’ 21 Policing Abortion and Homosexuality 24 Public Conversation 36 The Wowser State 44 Chapter 2: A Path to Abortion Law Reform 56 The 1930s: Doctors, Court Cases and Activism 57 World War II 65 The Effects of Thalidomide 70 Reform in Britain: A Seven Month Catalyst for South Australia 79 Chapter 3: The Abortion Debates 87 The Medical Profession 90 The Churches 94 Activism 102 Public Opinion and the Media 112 The Parliamentary Debates 118 Voting Patterns 129 iii Chapter 4: A Path to Homosexual Law Reform 139 Professional Publications and Prohibited Literature 140 Homosexual Visibility in Australia 150 The Death of Dr Duncan 160 Chapter 5: The Homosexuality Debates 166 Activism 167 The Churches and the Medical Profession 179 The Media and Public Opinion 185 The Parliamentary Debates 190 1973 to 1975 206 Conclusion 211 Moral Law Reform and the Public Interest 211 Progressive Reform in South Australia 220 The Slippery Slope 230 Bibliography 232 iv Abstract This thesis examines the circumstances that permitted South Australia’s pioneering legalisation of abortion and male homosexual acts in 1969 and 1972. It asks how and why, at that time in South Australian history, the state’s parliament was willing and able to relax controls over behaviours that were traditionally considered immoral.
    [Show full text]
  • Download Download
    HOW THE CRIMINAL LAW IN AUSTRALIA HAS FAILED TO PROMOTE THE RIGHT TO LIFE FOR UNBORN CHILDREN: A NEED FOR UNIFORM CRIMINAL LAWS ON ABORTION ACROSS AUSTRALIA ∗ PATRICK FERDINANDS This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia’s criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion. I INTRODUCTION This article seeks to discover whether or not the criminal law in Australia has failed to promote the right to life for unborn children, and if so, how. It will also examine closely the lack of uniformity in Australia’s criminal law in the 1 area of abortion to see if it plays a part in undermining the rights of unborn ∗ BA (Deakin University), LLB (Hons) (Charles Darwin University), Grad.Dip.Leg.Prac (Australian National University), Public Servant, Victoria.
    [Show full text]
  • Induced Abortion in Australia: 2000-2020 Published by Family Planning NSW 328-336 Liverpool Road, Ashfield NSW 2131, Australia Ph
    Publication Information Induced abortion in Australia: 2000-2020 Published by Family Planning NSW 328-336 Liverpool Road, Ashfield NSW 2131, Australia Ph. (02) 8752 4300 www.fpnsw.org.au ABN: 75 000 026 335 © Family Planning NSW 2021 Suggested citation: Wright, S. M., Bateson, D., & McGeechan, K. (2021). Induced abortion in Australia: 2000-2020. Family Planning NSW: Ashfield, Australia. Acknowledgements: Authors: Sarah M. Wright, Research Officer, Family Planning NSW Deborah Bateson, Medical Director, Family Planning NSW Kevin McGeechan, Consultant Biostatistician, Family Planning NSW Internal review: The production of this document would not have been possible without the contributions of the following members of Family Planning NSW staff: Dr Yan Cheng, Senior Research Officer, Family Planning NSW Dr Clare Boerma, Associate Medical Director, Family Planning NSW 1 Contents Data used in this report ____________________________________________________ 3 Key indicators ________________________________________________________________ 3 Primary data sources ___________________________________________________________ 3 Purpose of this report __________________________________________________________ 4 Terms and definitions __________________________________________________________ 4 Data sources and limitations ____________________________________________________ 5 State government abortion notification ______________________________________________________ 5 Medicare Benefits Schedule and Pharmaceutical Benefits Scheme data ___________________________
    [Show full text]
  • The Abortion Rights Debate
    Volume | 402 Justin Healey Edited by Rights Debate The Abortion The VOLUME 402 THE ABORTION RIGHTS DEBATE ISSUES IN SOCIETY Volume | Volume The Abortion 402 Rights Debate Edited by Justin Healey This e-book is subject to the terms and conditions of a non-exclusive and non-transferable SITE LICENCE AGREEMENT between THE SPINNEY PRESS and: St Peter's Collegiate Girls School, Stonyfell, [email protected] First published by PO Box 438 Thirroul NSW 2515 Australia www.spinneypress.com.au © The Spinney Press 2016. COPYRIGHT All rights reserved. Other than for purposes of and subject to the conditions prescribed under the Australian Copyright Act 1968 and subsequent amendments, no part of this publication may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior permission. Inquiries should be directed to the publisher. REPRODUCTION AND COMMUNICATION FOR EDUCATIONAL PURPOSES The Australian Copyright Act 1968 (the Act) allows a maximum of one chapter or 10% of the pages of this work, whichever is the greater, to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited, Level 11, 66 Goulburn Street Sydney NSW 2000 Telephone: (02) 9394 7600 Fax: (02) 9394 7601 Email: [email protected] REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES Except as permitted under the Act (for example a fair dealing for the purposes of study, research, criticism or review) no part of this book may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without prior written permission.
    [Show full text]
  • All the Choice and All the Responsibilities: an Exploration of the Agency Perceived by Women with Children Around Their Childbearing
    COPYRIGHT AND USE OF THIS THESIS This thesis must be used in accordance with the provisions of the Copyright Act 1968. Reproduction of material protected by copyright may be an infringement of copyright and copyright owners may be entitled to take legal action against persons who infringe their copyright. Section 51 (2) of the Copyright Act permits an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research or study. The Copyright Act grants the creator of a work a number of moral rights, specifically the right of attribution, the right against false attribution and the right of integrity. You may infringe the author’s moral rights if you: - fail to acknowledge the author of this thesis if you quote sections from the work - attribute this thesis to another author - subject this thesis to derogatory treatment which may prejudice the author’s reputation For further information contact the University’s Director of Copyright Services sydney.edu.au/copyright ALL THE CHOICES AND ALL THE RESPONSIBILITIES: AN EXPLORATION OF THE AGENCY PERCEIVED BY WOMEN WITH CHILDREN AROUND THEIR CHILDBEARING Donna M. Y. Read Faculty of Rural Management The University of Sydney A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy 2014 For my mum Joyce Louise Read (1925-1999) I miss her every day i ABSTRACT This thesis presents findings from an exploratory study of agency around childbearing perceived by women with children from a feminist perspective.
    [Show full text]
  • Abortion and the Law in New
    NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE Abortion and the law in New South Wales by Talina Drabsch Briefing Paper No 9/05 ISSN 1325-4456 ISBN 0 7313 1784 X August 2005 © 2005 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent from the Librarian, New South Wales Parliamentary Library, other than by Members of the New South Wales Parliament in the course of their official duties. Abortion and the law in New South Wales by Talina Drabsch NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE David Clune (MA, PhD, Dip Lib), Manager..............................................(02) 9230 2484 Gareth Griffith (BSc (Econ) (Hons), LLB (Hons), PhD), Senior Research Officer, Politics and Government / Law .........................(02) 9230 2356 Talina Drabsch (BA, LLB (Hons)), Research Officer, Law ......................(02) 9230 2768 Lenny Roth (BCom, LLB), Research Officer, Law ...................................(02) 9230 3085 Stewart Smith (BSc (Hons), MELGL), Research Officer, Environment ...(02) 9230 2798 John Wilkinson (MA, PhD), Research Officer, Economics.......................(02) 9230 2006 Should Members or their staff require further information about this publication please contact the author. Information about Research Publications can be found on the Internet at: www.parliament.nsw.gov.au/WEB_FEED/PHWebContent.nsf/PHPages/LibraryPublications Advice on
    [Show full text]
  • Plaintiff S99/2016 V Minister for Immigration and Border Protection and Another
    243 FCR] PLAINTIFF S99/2016 v MNR FOR IMMIGRATION 17 FEDERAL COURT OF AUSTRALIA Plaintiff S99/2016 v Minister for Immigration and Border Protection and Another [2016] FCA 483 Bromberg J 28, 29 April, 6 May 2016 Private International Law — Choice of law — Torts — Proper law — Where putative duty of care required Minister of the Commonwealth to procure a safe and lawful abortion for a person assessed as a refugee offshore — Abortion made available in Papua New Guinea — Where apprehended breach of duty an omission to procure an abortion that is safe and lawful — Whether proper law of apprehended negligence the law of Australia or the law of Papua New Guinea. Torts — Negligence — Duty of care — Unauthorised maritime arrival claimed refugee status having been transferred to Republic of Nauru — Found to be refugee and temporarily settled — Where rape occurred causing pregnancy and physical and psychological harm — Where dependence upon Commonwealth of Australia for financial and medical needs — Where abortion only able to be procured with the assistance of the Commonwealth — Whether duty of care to exercise reasonable care to procure a safe and lawful abortion — Consideration of whether Commonwealth voluntarily assumed responsibility for refugee — Consideration of statutory scheme giving rise to relationship between refugee and Commonwealth and refugee’s continued presence on Nauru — Whether higher standard for the imposition of a duty of care on public authorities applicable to foreign public authorities — Migration Act 1958 (Cth), ss 198AA,
    [Show full text]
  • At- Home Telemedicine for Medical Abortion in Australia
    Original research At- home telemedicine for medical abortion in Australia: a qualitative study of patient experiences and recommendations Laura Fix ,1 Jane W Seymour,1 Monisha Vaid Sandhu,2 Catriona Melville,2 Danielle Mazza,3 Terri- Ann Thompson1 1Ibis Reproductive Health, ABSTRACT Cambridge, Massachusetts, Key messages Introduction This study aimed to explore patient United States 2 Marie Stopes Australia, experiences obtaining a medical abortion using ► Delivery of medical abortion using Melbourne, Victoria, Australia an at- home telemedicine service operated by telemedicine at- home is convenient and 3Department of General Practice, Marie Stopes Australia. Monash University, Notting Hill, acceptable to patients. Victoria, Australia Methods From July to October 2017, we ► At- home telemedicine may improve conducted semistructured in- depth telephone access to medical abortion in settings Correspondence to interviews with a convenience sample of medical where travel distance and travel costs Laura Fix, Ibis Reproductive abortion patients from Marie Stopes Australia. impede patient access to services. Health, Cambridge, MA 02140, USA; lfix@ ibis repr oduc tive health. We analysed interview data for themes relating ► Additional provider education about org to patient experiences prior to service initiation, medical abortion, and the use of at- during an at- home telemedicine medical home telemedicine for its delivery, can Received 10 February 2020 Revised 13 May 2020 abortion visit, and after completing the medical help support patient access to care. Accepted 14 May 2020 abortion. Results We interviewed 24 patients who obtained care via the at- home telemedicine BACKGROUND medical abortion service. Patients selected The Australian Therapeutic Goods Admin- at- home telemedicine due to convenience, istration approved a mifepristone and ability to remain at home and manage personal misoprostol combination pack for termi- responsibilities, and desires for privacy.
    [Show full text]
  • Family Planning NSW SDG Inquiry 28 March 2018
    28 March 2018 Senate Foreign Affairs Defence and Trade References Committee [email protected] Re: Senate Foreign Affairs Defence and Trade References Committee Inquiry into the United Nations Sustainable Development Goals Dear Sir/Madam, Thank you for the opportunity to provide a written submission to the Senate Foreign Affairs Defence and Trade References Committee Inquiry into the United Nations Sustainable Development Goals (SDG). Family Planning NSW is the leading reproductive and sexual health (RSH) agency in Australia with over 90-year’s history and an in-depth understanding of where Australia sits in terms of key RSH goals outlined in the agenda. Family Planning NSW provides RSH services, professional education and training, and research and evaluation in Australia, focusing in NSW. We are DFAT accredited and provide international development activities in RSH across the Indo-Pacific region. The Pacific has some of the worst RSH indicators globally, with high rates of unintended and teenage pregnancies, sexual violence and unacceptably high rates of cervical cancer deaths. Our international projects closely align with the United Nations’ SDGs and in particular: • Goal 3: Ensure healthy lives and promote well-being for all at all ages • Goal 5: Achieve gender equality and empower all women and girls Across Australia, there is a lack of national co-ordination on key RSH issues and no recognised national data collection on related 2030 RSH agenda indicators. Available evidence indicates that vulnerable populations including Aboriginal and Torres Strait Islander people, young people, culturally and linguistically diverse people, people with disability and those living in rural or remote areas are left behind the general population on key RSH action items.
    [Show full text]
  • Submission to the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Ms Tlaleng Mofokeng
    Submission to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Ms Tlaleng Mofokeng The right to sexual and reproductive health – challenges and opportunities during COVID – 19 June 2021 Introduction The Castan Centre for Human Rights Law (Castan Centre) is an academic research centre within the Faculty of Law at Monash University in Melbourne, Australia. We undertake research, policy work, student programs and public engagement on human rights and have sought to inform government policy and legislation to ensure that human rights are respected and protected. This submission is written by the Castan Centre’s research group leader in gender and sexuality, Dr Tania Penovic and its Deputy Director, Dr Ronli Sifris. We are grateful for the opportunity to provide a submission to the Special Rapporteur on the right of everyone to the highest attainable standard of physical and mental health, Ms Tlaleng Mofokeng. The COVID-19 pandemic has amplified pre-existing barriers to sexual and reproductive health services, goods and facilities and shed light on the means by which barriers can be dismantled. Before and during the pandemic, abortion has remained among ‘the least accessible or equitable healthcare services’ in Australia. Barriers to abortion access have been the subject of nationwide empirical research which we undertook between March 2017 and November 2020. Our submission will draw on this research1 in addressing the key questions in the quiestionnaire and focus on opportunities and challenges in advancing abortion access in Australia. AUSTRALIAN ABORTION LAWS Abortion in Australia is regulated at the state and territory level, with distinct regimes governing the legality of abortion in each jurisdiction.
    [Show full text]
  • Advancing Reproductive Rights Through Legal Reform 1
    2020 Advance Access: Advancing Reproductive Rights through Legal Reform 1 Advance Copy – Citation Ronli Sifris, Tania Penovic and Caroline Henckels, ‘Advancing Reproductive Rights through Legal Reform: The Example of Abortion Clinic Safe Access Zones’ (2020) 43(3) University of New South Wales Law Journal (advance). ADVANCING REPRODUCTIVE RIGHTS THROUGH LEGAL REFORM: THE EXAMPLE OF ABORTION CLINIC SAFE ACCESS ZONES RONLI SIFRIS,* TANIA PENOVIC** AND CAROLINE HENCKELS*** The past two decades have seen significant reforms in abortion law throughout Australia. From the perspective of advancing women’s reproductive rights, the most significant abortion law reforms have been the decriminalisation of abortion, removal of impediments to accessing medical abortion, the imposition of an ‘obligation to refer’ on medical practitioners with a conscientious objection to abortion, and the introduction of safe access zones around abortion clinics. This article focuses on the introduction of safe access zones as a key legal reform that has been implemented in a number of Australian jurisdictions to support and promote women’s reproductive rights, drawing on empirical research conducted by the first and second authors and discussing this research in the context of the recent High Court decision confirming the constitutionality of safe access zones. I INTRODUCTION The 21st century has seen significant reforms in abortion law throughout Australia. From the perspective of advancing women’s reproductive rights,1 the * Senior Lecturer, Monash University Faculty of Law; Deputy Director, Castan Centre for Human Rights Law. ** Senior Lecturer, Monash University Faculty of Law; Deputy Director, Castan Centre for Human Rights Law. *** Senior Lecturer, Monash University Faculty of Law; Associate, Castan Centre for Human Rights Law.
    [Show full text]