by Joyce Arthur www.arcc-cdac.ca [email protected] First published November 2006 Revised January 2009

The Case for Repealing Anti- Laws

No country needs to regulate abortion via criminal or civil law. Only when abortion has the same legal status as any other health procedure can it be fully integrated into women’s reproductive healthcare.

The repeal of abortion laws is supported by guarantee of women’s equality can be used to evidence from , the only democratic overturn abortion laws, and ensure that country in the world with no laws restricting abortion is funded by the healthcare system abortion since 1988. have since as a medically-required service. Freedom of become earlier and safer, and the number of religion, the right to privacy, and the right to abortions has become moderate and stable. self-defense can also be used to strike down Current abortion care reflects what most laws. All anti-abortion restrictions are unjust, are comfortable with, and women harmful, and useless because they rest on and doctors act in a timely and responsible traditional religious and patriarchal manner, with no need for regulation. foundations. Laws kill and injure women, violate their human rights and dignity, Several legal arguments help build the case impede access to abortion, and obstruct for repeal. A constitutional healthcare professionals.

Table of Contents Abortion Politics and Practice in Canada ...... 2 History ...... 2 The Morgentaler Decision ...... 2 Abortion Access Improves After 1988...... 3 Abortion Availability and Statistics in Canada ...... 3 Still Some Access Problems ...... 4 Judicial and Constitutional Protections...... 4 Protecting Equality Rights...... 4 Protecting Abortion Funding...... 5 Protecting Religious Freedom ...... 6 Protecting Right to Privacy...... 6 Protecting Right to Self-Defense ...... 7 The Trouble with Laws ...... 7 Laws Reduce Access and Obstruct Doctors ...... 8 Laws Hurt Women ...... 8 Laws Rest on Patriarchal Assumptions ...... 9 Laws Rest on Outdated Traditions...... 9 Solutions for Repealing Anti-abortion Laws ...... 10

Abortion Politics and requirements substantially increased the risks to the health of pregnant women, both Practice in Canada physically and psychologically, especially in certain locations.1 This was found to violate History women’s “security of the person” (bodily Canada implemented a integrity) by a majority of the judges. strict anti-abortion law in 1869, In a concurring opinion, one judge, Bertha prohibiting abortions Wilson, also said that abortion is a Charter except to save the right based on women’s “,” woman’s life. In 1969, then- personal “liberty,” and “freedom of Prime Minister liberalized conscience.” Justice Wilson said: the abortion law by allowing a committee of doctors to approve hospital abortions if the “The right to liberty…guarantees to every woman’s life or health was in danger. individual a degree of personal autonomy However, abortion was still not a woman's over important decisions intimately decision, and was often unavailable unless a affecting their private lives. ... The woman lived in a big city. Most hospitals decision whether or not to terminate a didn’t have abortion committees and many is essentially a moral decision, that did refused permission for most and in a free and democratic society, the abortions. Abortion clinics were illegal. The conscience of the individual must be law resulted in poor and unequal access for paramount to that of the state." women, unnecessary obstacles, and delays. Wilson also said: From 1968 to 1988, Dr. of Montreal performed illegal abortions, opened “Liberty in a free and democratic society several illegal clinics across Canada, and was does not require the state to approve the arrested many times. He was acquitted by personal decisions made by its citizens; it juries four times, but a judge sentenced him does, however, require the state to to jail anyway. Dr. Morgentaler was a brave respect them. A woman's decision to terminate her pregnancy falls within this individual who almost single-handedly gave women the right to abortion on request. class of protected decisions. It is one that Eventually, his case made it all the way to will have profound psychological, the . economic, and social consequences for her. It is a decision that deeply reflects the way the woman thinks about herself and The Morgentaler Decision her relationship to others and to society at large. It is not just a medical decision; it is On January 28, 1988, the Supreme Court of a profound social and ethical one as well."1 Canada repealed the abortion law in its entirety, a ruling now known as the In the Morgentaler decision, the court “Morgentaler decision.”1 The judges said that actually invited Parliament to pass a new law enforcement of the law resulted in against abortion, one that would pass inequitable access and arbitrary obstacles for constitutional muster. So in 1990, the women, thereby violating their constitutional Canadian government tried to pass a law that rights under Canada’s Charter of Rights and would put doctors in jail for two years for Freedoms (the “Charter”). In particular, the performing abortions. There were massive law discriminated against disadvantaged protests by women across the country, and women—such as poor, young, and rural the new law failed to pass. The government women—many of whom were unable to said it would not try to legislate abortion access abortion services. The Supreme Court again. Today, even though Canada currently also found that the law’s unreasonable

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 2 has a conservative government, the Prime indicated under exceptional circumstances.” Minister has vowed not to re-open the Today, abortions on request are performed . up to 22 weeks LMP (last menstrual period). In practice, abortions are available up to 24 weeks LMP for genetic abnormalities, Abortion Access Improves After 1988 desperate social circumstances, and to With no legal restrictions in place, abortion protect maternal health. After 24 weeks LMP, services began to be managed under the abortions are available for lethal genetic as a “medically required” abnormalities.5 service. This federal law guarantees fully- funded healthcare to Canadians. Under the Here are some Canadian statistics that Act, abortion must be provided in the same indicate responsible abortion practice by way as any other necessary health service. women and doctors, in the absence of any For example, it must be performed by a regulations:6,7,8 doctor, it must be accessible to all Canadians in all areas of Canada, and it must be ƒ 97,254 abortions in 2005. funded.2 The quality of abortion care is ƒ 14.1 abortions per 1000 women (15-44). adequately monitored through the provincial ƒ 28 abortions per 100 live births. Colleges of Physicians and Surgeons, the ƒ 90% by 12 weeks gestation. same as any other healthcare procedure. ƒ 98% by 16 weeks. ƒ Less than 2% between 17 and 20 weeks. As a result, abortion services have become ƒ 0.4% after 20 weeks gestation. less isolated from mainstream medicine. ƒ About 25% of all Canadian women have at Many doctors have integrated abortion into least one abortion in their lifetime. their general practice, and many new ƒ About 75% of all women use contraception abortion clinics have been established. (not counting abstinence). Today, about 45% of abortions are done in ƒ Maternal mortality rate of 0.1% per clinics. 100,000 legal abortions.

There is also strong public support for Canada's abortion rate compares favourably abortion rights, and this support has been to western Europe’s rate of 12, the lowest growing since 1988. A survey in 2002 found abortion rate in the world. In contrast, the that 78% of Canadians agree that: “Women American rate is 20, and U.S. women must should have complete freedom to decide to navigate through a thicket of abortion have an abortion.”3 It’s reasonable to assume restrictions. (The global average rate is 29 that such high support for abortion rights is per 1,000 women9, with the highest number at least partly a consequence of the of abortions occurring in countries where it's Morgentaler decision. When laws and social illegal, and in countries with poor access to policies change, public opinion often follows contraception.) Canada’s abortion rates (but sometimes very slowly). increased after the old law was thrown out in 1988, but that was due to better access and less stigma. Rates began to decline in 1998, Abortion Availability and Statistics in and have declined steadily every year Canada since10. After the Morgentaler decision in 1988, the Canadian Medical Association recommended Almost all abortions in Canada are performed abortion on request up to 20 weeks after early because there are no legal barriers to conception.4 The Association chose that quick access (even though Canada has not timeframe because the might be viable yet approved ). In the United after 20 weeks. However doctors are free to States, many states have waiting period laws perform any later terminations that “may be and parental consent laws. This simply delays

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 3 the procedure, causes unnecessary stress to private abortion clinics across Canada. 14 the patient, and increases the medical risk. (Because abortions have been deemed Ironically, anti-abortionists say that because medically required, the federal government Canada has no laws against abortion, women says they must be fully funded regardless are having them right up to the point of where they are done, public hospitals or delivery. But hardly any abortions occur after private clinics.) 22 weeks gestation, and none on healthy or women. The natural limiting Canada has experienced its share of anti- factors for late abortions are very low need, abortion harassment and violence, most of it and the tiny number of providers trained and imported from the United States. The worst willing to do such procedures. of the violence has subsided since 2000, however. Only a few clinics experience Canada enjoys one of the lowest maternal picketing, with the level of picketing and mortality rates for abortion in the world.11 harassment generally far lower than in the Canada also has a very low complication rate United States. For the most part, Canada’s for abortion, about 1-2%, and these are anti-abortion movement focuses on lobbying mostly minor complications.12 This shows we efforts, such as trying to stop taxpayer don't need laws to force doctors to practice funding of abortion, and restrict late good medicine. In fact, such laws are more abortions (unsuccessfully so far).15 likely to foster bad medical practice. For example, a law prohibiting a particular Having no laws against abortion helps, but abortion technique means that the doctor it’s important to have active government may have to use a procedure that's riskier for support to improve services. However, that patient. Canada’s current problems are gradually being solved—they are not caused by having no laws against abortion. Progress would be Still Some Access Problems much slower if Canada had abortion Some women still have problems accessing restrictions. , because abortion remains politicized. For example, about 80% Judicial and Constitutional of hospitals don’t perform abortions. In addition, some hospitals have long waiting Protections lists, a requirement for doctor referrals or approvals, quotas or gestational limits, and Protecting Equality Rights anti-abortion staff who misinform or judge Women are different than men because of 13, patients seeking abortions. their capacity to bear children. Childbearing has a much more profound effect on It’s harder for rural women to access women's lives, than for men. To truly achieve abortion services than it is for city women. equality with men, women must not be Many women must travel long distances to disadvantaged under the law because of find an abortion provider. Access is also poor pregnancy. There should be no laws in more conservative areas, especially the regulating pregnancy, because that puts a Atlantic provinces in eastern Canada. special obligation on women that is not placed on men. One private abortion clinic (in New Brunswick) receives no funding from In Canada, women’s equality is guaranteed government , forcing women to pay under the Charter of Rights and Freedoms for their own abortions. However, this is after (our constitution). In today’s climate, it’s a successful 20-year political battle that unlikely that any anti-abortion law would forced several provincial governments to withstand a constitutional challenge. obey the Canada Health Act and fully fund Canadian courts have consistently protected

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 4 women’s right to abortion. Subsequent court Even in national constitutions that do not cases since 1988 have cited and built on the have an explicit guarantee of equality for Morgentaler decision, thereby strengthening women, there are usually other clauses that it. For example, in 1989 the Supreme Court will support the repeal of abortion laws. For ruled that a male partner cannot force a example, in the U.S. Constitution, the 14th woman to have a baby.16 Amendment says no state can “deny to any person within its jurisdiction the equal Many court cases by anti-choice activists protection of the laws.” This clause, and have failed to give rights to fetuses. Under similar clauses in other national constitutions, Canada’s federal Criminal Code, fetuses are should require the repeal of abortion laws not legal persons until they completely exit because they unfairly apply only to women. from the birth canal, alive. This requirement, together with the women’s equality clause in An essential element of a democracy is that the Charter, has effectively tied judges’ legislators who pass laws must be subject to hands when it comes to considering fetal those laws, just like any other citizen. rights cases. Women are legal persons and However, every abortion restriction in every fetuses are not, so judges cannot restrict country was passed by legislatures made up women’s established constitutional rights in mostly of men. Further, all men in a society favour of the hypothetical rights of fetuses. are automatically exempt from anti-abortion For example, one court decision ruled that a laws. Basic human rights are violated when woman and her fetus are considered half the population is given a privileged legal "physically one” person under the law. “The status with more freedom and power, simply 18 legal unity of pregnant woman and fetus due to their gender. precludes the finding of a duty of care” to her fetus, because that “would amount to a Protecting Abortion Funding profound compromise of her privacy and autonomy.”17 This finding essentially gives a Currently, abortion services woman the right to defend her life and health are fully funded by Canada’s by having an abortion. universal medical insurance system as a “medically It’s the uniquely important role of courts to required” service. The uphold peoples’ constitutional rights by Morgentaler decision did not striking down laws that infringe on those address the issue of taxpayer rights. Since any restriction on abortion funding of abortions, but unacceptably limits women’s rights, abortion even this would probably be restrictions can (theoretically) be struck deemed a constitutional equality right for down in a constitutional democracy that women, if a court challenge was made. protects women’s equality. In 1991, the Canadian province of Likewise, abortion rights should never be Saskatchewan held a referendum on abortion subject to a vote by the electorate, and anti- funding during its provincial election. 63% of citizens voted to stop insuring abortion choice laws should never be enacted based 19 on public referendums. We cannot trust services. However, the reigning conservative citizens to fairly protect the constitutional government lost the election, and when the rights of minorities and disadvantaged new government stepped in, it commissioned groups. In the case of abortion, social lawyers to review the referendum results and opinions are often rooted in stereotypical offer advice. The lawyers decided that de- assumptions about women’s “proper” role as insuring abortion would probably not survive a child-bearers, and in religious beliefs about Charter challenge because it would the value of fetal life, at the expense of discriminate on the basis of sex. The pregnant women’s lives. Saskatchewan government never acted on the referendum.20

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 5 In any jurisdiction with a national health Protecting Religious Freedom insurance system, the costs of medically required services are generally covered, Although largely untested in court, it can be depending on how the determination of argued that women’s right to abortion should “medically required” (or similar criteria) is be protected under constitutional religious made. All abortions should be taxpayer- freedom guarantees (including freedom of funded as medically required, because conscience). This works in two ways. forcing women to pay for their abortions First, the decision-making process a woman hampers their ability to get one, and thereby goes through when considering an abortion discriminates against poor women especially. relies on her religious and philosophical Ultimately, whether an abortion is "medically values, and her personal morality. Therefore, required" or not is a decision that only the the decision itself should be protected as an pregnant woman has the right to make (with exercise of religious freedom, as well as the the assent of her doctor), not a medical ability to carry out that decision. organization and certainly not the government. Second, the anti-abortion viewpoint is What if a government wants to pay only for primarily based on fundamentalist religious those few abortions that are truly required to beliefs about the proper role of women, and 22 save a woman’s life or physical health? The the value of fetuses. Anti-choice people problem then becomes: who decides which believe that motherhood is women’s primary, abortions meet those criteria? In Canada, sacred role, and that embryos and fetuses medical organizations have refused to do so, are full human beings specially created by saying it’s up to the medical discretion of God, complete with souls. Anti-choice individual doctors21. Also, the World Health protesters and terrorists argue in court that Organization’s definition of health includes their religious beliefs about the immorality of “mental health”. This really fits all abortions, abortion compel them to break the law. In since if a woman wants an abortion, that is effect, they say that “God’s law is higher than proof enough that having a baby would be man’s law”. But if abortion is supposedly psychologically stressful for her. The call to wrong on religious grounds, any laws fund only some abortions is based on the restricting abortion must be based on myth that women have abortions for reasons religious doctrine, making them of “convenience” and that such abortions are unconstitutional. Judges must prevent a a “lifestyle choice” unrelated to medical minority from imposing its beliefs on all of necessity. secular society, because that would be a violation of everyone else’s freedom of However, childbirth costs are funded by religion. governments even though women choose to have a baby for socio-economic reasons, not Protecting Right to Privacy medical reasons. No pregnancy outcome is “elective” of course—women’s reproductive The Morgentaler decision also cited a capacities are an inalienable part of their woman’s right of privacy in making a decision and human rights, more so than to terminate her pregnancy. This is not an for men. If women’s unique reproductive explicit constitutional right, either in Canada healthcare needs are not fully funded, or the U.S. However, the right to privacy is women are made subordinate to men. And if found in the “security of the person” clause in all pregnancy outcomes are not equally Canada’s Charter, which “protects the dignity funded, the government holds the "right to and privacy of individuals with respect to choose" instead of women—poor women in decisions concerning their own bodies.”23 particular. That's discrimination, and a violation of women’s equality rights. In the United States, abortion rights are founded on a right to privacy derived from

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 6 the 14th and 9th Amendments (which A woman with a born child is under no legal respectively, protect personal liberty, and obligation to donate a kidney or blood to other rights not mentioned in the save her child's life, so how can a fetus have Constitution24), and from two court decisions even more rights over the woman’s body in 1965 and 1972 that legalized birth than her born child? It can’t. Even if a fetus control.25 The latter precedents made the has a right to life, a pregnant woman cannot 1973 Roe v. Wade ruling possible. be required to save it by loaning out her body for nine months against her will. Once a The right to privacy does not have to be an woman is pregnant, she must give her explicit constitutional right because it’s self- consent for the pregnancy to continue.27 In evident that personal privacy underlies our response, anti-choice people say that most fundamental human rights. If we don’t because the woman chose to have sex, she have the freedom to choose our lifestyle, our must accept the risk of pregnancy. But sex is friends, and our jobs, then we’re not free at not a contract for pregnancy. People have a all. The most sacred realms of privacy are constitutional right to non-procreative sex our family life and sexual life. Private because of legalized , which activities such as enjoying sex with those we implicitly provides the right to have sex are attracted to, choosing who to marry, and without reproducing. Regardless, consent to deciding whether we want children and when, sex does not entail consent to pregnancy, are absolutely integral to our identities and any more than consent to swimming implies liberty in a democratic society. consent to drown.

Protecting Right to Self-Defense The Trouble with Laws The constitutional right to “security of the Laws against abortion do person” also encompasses a person’s right to nothing to stop abortion, obtain or refuse medical treatment, and to or even reduce them. A physically defend oneself from attacks by recent study by the another. Democratic countries generally World Health recognize and uphold these rights, at least on Organization28 found that a common-law basis. overall abortion rates in the world are similar, A fetus is not a legal person in Canada, but it regardless of whether may have rights in other jurisdictions to abortion is illegal in a country or not. In other some extent. However, it can be argued that words, restrictive abortion laws are not women have the right to abortion even if the associated with a low abortion rate. In fact, fetus is a person with legal rights—because in countries where abortion is widely abortion rights can be advocated from a self- available (including Canada) there has defense framework, instead of “choice.”26 typically been a decline in abortion rates over time, especially when contraception use A fetus is not innocent, as anti-choice people rises. claim. Although an unwanted fetus has no ill intent, it is exploiting the woman's body and In countries that have banned safe abortion, endangering her life and health against her about 19 million desperate women seek will. Bringing a pregnancy to term is far illegal abortions every year. 68,000 women riskier than having an abortion, and any die every year as a result, and at least five pregnancy has a profound effect on a million are hospitalized due to woman's whole being, mentally and complications.29 Countries with strict abortion physically. Therefore, a woman has the right bans (mostly in the developing world) usually to defend her life and health with an allow an exception to save the woman’s life. abortion. Ironically, such bans result in many times

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 7 more maternal deaths than in countries with Abortion laws are frequently hollow anyway, more liberal abortion laws.30 The hypocrisy of because it’s assumed they reduce abortion laws that pretend to save women’s lives, but when they don’t. For example, very few which actually slaughter them by the abortions occur in the third trimester except thousands, demands their immediate repeal. in dire circumstances, so passing a law that prohibits late abortions except for health While some countries ban abortion totally, reasons is pointless, as well as insulting to others have few or no laws, and many women and doctors. enforce statutes regulating various aspects of the abortion decision and procedure. Such The way to reduce abortion is to make laws are generally not required for any other contraception universally accessible, teach medical treatment. Examples include responsible sex education, and give people mandatory waiting periods, parental consent positive incentives to raise kids, such as laws, obligatory counseling, and early financial bonuses and family support gestational limits. Differing legal frameworks programs. also lead to “abortion tourism,” forcing women to travel out-of-country to obtain the care they need, and discriminating against Laws Reduce Access and Obstruct women without the resources to travel. Doctors

In practice, many abortion restrictions Laws reduce access not only by creating actually impede good medical care, such as arbitrary obstacles and delays, but by delaying treatment unnecessarily and marginalizing abortion services outside the providing false information to patients. This healthcare system, shifting the focus away increases the medical risks of abortion and from basic healthcare, and turning abortion causes psychological and physical distress to into a political target for legislators and women.31 Also, when abortion is illegal, there extremists. can be no medical research and no progress As a result, laws hurt abortion providers by made to improve abortion care and protect isolating them outside the medical women’s health. mainstream, disrespecting professional The sheer diversity of legal situations around medical judgments made in the patient’s best the world is proof that abortion laws have interests, and interfering in the confidential nothing to do with quality healthcare, and doctor/patient relationship. The imposition of instead are politically-motivated. Abortion anti-abortion laws says, in effect, that laws are unrelated to women’s real medical legislators can make better medical decisions needs and concerns, and divorced from the than doctors. Even worse, anti-abortion laws best practices of medical professionals. They threaten health workers with prosecution. No are simply holdovers from the days of other medical procedure carries with it the criminal abortion, or recent products of threat of criminal punishment—abortion is religious ideology. singled out for special treatment. But physicians should never work under the Anti-abortion laws institutionalize the stigma shadow of prosecution simply for providing of abortion. Laws imply that abortion must be medical care. restricted because it is wrong and bad, and people who need or perform abortions are also wrong and bad. But no law will change Laws Hurt Women the fact that a woman desperately needs an Besides violating women’s equality rights, abortion, and a doctor wants to help her. As and discriminating against disadvantaged a result, abortion restrictions foster hypocrisy women the most, anti-abortion laws also hurt and disrespect for the law because they often women by: force women and doctors to skirt the laws or disobey them.

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 8 ƒ Turning them into criminals, or state- ƒ Motherhood is a woman’s highest calling. controlled baby-making machines. ƒ All women should be (and want to be) ƒ Fostering prejudice against women who mothers. need one. ƒ Women must sacrifice themselves to raise ƒ Rejecting women's moral reasoning. kids. ƒ Distrusting women to make their own ƒ Women must endure the discomfort and decisions about their lives. pain of pregnancy and childbirth as their ƒ Protecting fetuses instead of pregnant natural duty. women. ƒ Women who have abortions are “bad” or ƒ Punishing women for having sex for “victims.” pleasure. ƒ Women who have abortions suffer ƒ Punishing women for “shirking” psychologically (at least they should). motherhood. ƒ Women are irresponsible or too emotional, and need direction and guidance. The state has no legitimate interest in ƒ To “protect” women, we must restrict protecting the fetus at any stage, except to abortion. provide social and medical resources to pregnant women to ensure good outcomes for their . (And a good outcome Laws Rest on Outdated Traditions can be an abortion.) Pregnant women are in Laws against abortion also rely on tradition, the best position to take care of their fetuses, for example: so we should trust women to make decisions on behalf of their fetuses, not the state. ƒ Pro-natalism—societies have a preference for birth over abortion. Further, the question ƒ The right to have babies is unquestioned of when life begins, or and unrestricted, but abortion is frowned whether abortion is upon. , are matters ƒ Children are treated like possessions of of personal opinion. parents, instead of individuals with rights. These issues cannot ƒ The Church, God, and Bible are anti- be agreed upon by abortion. society or legislated. Only the pregnant This traditional thinking no longer works for woman has the right our modern society with its focus on human to decide the moral rights. Why should we favour birth over value and status of abortion when we live in an overpopulated her fetus, because it’s world; when society will never reach no-one else’s agreement on the moral status of the fetus; business. The fetus becomes a person when when we know that unwilling mothers and 32 the woman carrying it decides it does. unwanted children tend to suffer; and when becoming a parent should be the private Laws Rest on Patriarchal Assumptions decision of the woman and her family?

The following patriarchal beliefs are the root Many people may not be ready or able to cause of all abortion restrictions, and form provide properly for a child. But children the basis of the anti-abortion viewpoint. The have rights, and they deserve respect, love, main anti-abortion goal is not to "save and the best chance at a good life. Of course, babies," it's to keep women in their the right to have a child is fundamental and traditional roles. should not be restricted, but abortion is also a fundamental right on an equal basis.

January 2009 www.arcc-cdac.ca/action/repeal.pdf Page 9 Churches and religious doctrines should It’s also important to be confident of victory, never dictate how we live our lives in a and not to compromise unless absolutely secular society with secular laws. Besides, necessary. The pro-choice lobby can win the the Bible is pro-choice. Several passages say debate, because at the end of the day, anti- it is better to die in the womb than live an choice beliefs and strategies are usually less unhappy or wicked life.33 influential with the government and public than it might seem. The opposition is often Anti-abortion laws violate various human over-confident and unrealistic in their rights precisely because they rest on expectations. patriarchal traditions and religious doctrines that are antithetical to modern notions of To conclude, no country needs any laws social justice and equality. This means we against abortion whatsoever. Canada has can point to anti-choice views and arguments shown that women and doctors act in a themselves as proof of the harm and timely and responsible manner, without injustice of abortion restrictions. punitive criminal laws to control them. This gives Canada a special responsibility to the world – to be an ambassador for the proven Solutions for Repealing Anti- concept that abortion practice can be abortion Laws successfully managed as part of standard healthcare, and that having no law is better Here’s some suggested solutions to get rid of for women. harmful anti-abortion laws:

ƒ Elect pro-choice politicians. References ƒ Lobby the government against existing or proposed abortion restrictions. All web pages last accessed Jan 7/09. ƒ Build strong networks with women’s 1 Regina v. Morgentaler. 1 SCR 30. 1988. At: groups, medical organizations, human http://scc.lexum.umontreal.ca/en/1988/1988rcs1 rights organizations, and other progressive -30/1988rcs1-30.html. groups to support legal abortion as a basic 2 Arthur, Joyce. Canada Health Act Violates human right. Abortion Services. 2000. At: ƒ Collect evidence of laws’ harms, find www.prochoiceactionnetwork- plaintiffs, and challenge laws in court. canada.org/articles/healthact.shtml. ƒ Publish studies on abortion practice to help 3 , 78% favour abortion rights: Survey prove that laws do not reduce abortion or shows support is touching its all-time high. make it safer. November 27, 2002. At: ƒ Educate the media, government, health http://members3.boardhost.com/uwsfl/msg/61.ht ml. professionals, and public about the harm and futility of abortion restrictions. 4 Canadian Medical Association. CMA Policy: ƒ Engage in positive rhetoric about the Induced Abortion. December 1988. At: http://policybase.cma.ca/PolicyPDF/PD88-06.pdf. ethics of abortion: Abortion is a moral and positive choice that liberates women, 5 Abortion Rights Coalition of Canada. Late Term saves lives, and protects families. Abortions (after 20 weeks). 2005. At: www.arcc- cdac.ca/positionpapers/22-Late-term- ƒ Guarantee women’s equality in countries’ Abortions.PDF. constitutions. ƒ Empower women in society by changing 6 Statistics Canada. Percentage distribution of induced abortions by gestation period. 2003. At: public policies. www.arcc-cdac.ca/StatsCan-gestation-times- ƒ Prioritize childcare and child-rearing as a 1995-2003.xls. universal concern, not a "woman’s issue." ƒ Challenge the religious basis of anti- 7 Arthur, Joyce. A Direct Attack on Abortion Rights. October 2008. At: www.arcc- abortion laws, and keep church and state cdac.ca/action/bill_c338.html.

separate.

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