Ninth International Conference on Health, Wellness & Society

Abstract

This paper explores the law relating to abortion in Australia through a “pro-choice” lens. It begins by considering the need for decriminalisation as a precondition to the adequate facilitation of access to abortion services. As part of this discussion, the paper argues that the criminalisation of abortion is problematic for a number of reasons. For example, it contravenes the notion that the right to terminate a pregnancy falls within existing human rights norms, it increases the stigma attached to abortion, and it undermines the need for certainty and clarity in the law. It then proceeds to consider other factors, besides criminalisation, which affect women’s access to services. As part of this discussion the paper engages in an analysis of the law in the various Australian jurisdictions and considers the extent to which access to services is facilitated adequately. For example, it considers the “health exception” to prohibitions on abortion together with the imposition of gestational limits before discussing other relevant issues such as abortion on grounds of foetal abnormality, access to medical abortion, conscientious objection, non-legal barriers to access and the introduction of safe access zones.