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NSW must ‘immediately follow’ Qld and decriminalise abortion
NSW is now the only jurisdiction in Australia where abortion remains a crime, and it must act now to address this anomaly, argues Australian Lawyers for Human Rights.
Jerome Doraisamy
ALHR’s comments came in the wake of the Palaszczuk government in Queensland passing legislation to decriminalise abortion in the Sunshine State and establish safe access zones around termination clinics.
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It was a “significant human rights win” for all women and girls in Queensland, ALHR president Kerry Weste said, and brings the state’s law in line with almost every other state and territory.
“We are extremely pleased that, after many years of advocacy, the law in Queensland will finally be updated to remove archaic provisions criminalising abortion. Queensland will now have laws that are consistent with Australia’s international legal obligations, community standards and current practice,” she said.
“ALHR congratulates the [Liberal National Party] for offering its members a conscience vote and commends the three LNP members who crossed the floor to support these vital reforms.”
“Importantly, the bill also recognises the need for safe access zones to enable patients, support people, and clinic staff to enter and leave clinics safely and free from harassment.”
Moving forward, the legal advocacy group is calling on the NSW government to “immediately follow suit”.
“In NSW, abortion remains a criminal offence punishable by up to 10 years imprisonment. NSW now finds itself in an extraordinarily archaic position as regards its laws on the termination of pregnancy,” Ms Weste said.
“Having just legislated safe access zones and in light of developments in Queensland, the NSW government should move immediately and swiftly to decriminalise abortion.”
Those who choose abortions should not be treated as criminals or subjected to harassment or intimidation, she argued, saying that making “this choice is a fundamental human right”.
“Currently 81 per cent of Australians agree a woman should have the right to choose whether or not to have an abortion and that between one quarter and half of Australian women will access an abortion service in their lifetime.”
“The United Nations Committee on the Elimination of Discrimination Against Women, the Special Rapporteur on the Right to Health, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child have all declared that states are obliged to provide access to safe and legal abortion services,” she concluded.
