SA Parliament should decriminalise abortion and respect women's equality

The South Australian Government should demonstrate a commitment to women’s health and equality and decriminalise abortion, the Human Rights Law Centre said today in response to a report critical of the state’s outdated abortion laws.

Adrianne Walters, Senior Lawyer at the Human Rights Law Centre, called for Attorney-General Vickie Chapman to prioritise decriminalising abortion when Parliament returns in 2020.

“The Attorney-General has been handed a historic opportunity to finally get the law right when it comes to women’s equality and reproductive freedom in South Australia. Now is the time for Parliament to ensure abortion is finally treated as the healthcare matter that it is,” said Walters.

Abortion in South Australia is currently regulated by criminal laws written in 1969 and is only accessible in certain circumstances. The South Australian Law Reform Institute (SALRI) has recommended that abortions performed by qualified practitioners be removed from criminal law and be treated like other healthcare matters.

“The values and technology of 1969 should not limit a woman’s right to access the healthcare she needs in 2019. We’ve come a long way since 1969, yet South Australia’s abortion laws have stood still and women from regional and remote communities have borne the brunt of this injustice,” said Walters.

The report recommends that South Australia’s law allow for abortions to be performed by qualified practitioners with a patient’s consent, consistent with best medical practice. As an alternative, it suggests a law that would require two doctors to be involved in decision making for the rare cases in which an abortion is needed after 24 weeks gestation.

“Every person is different and every person must have the right to control what happens with their body. The law should support a person to make the best possible decision for their health, in consultation with their doctor. Having inflexible laws for different stages of pregnancy only makes it harder for doctors to do the right thing by their patients,” said Walters.

SARLI also recommends that doctors with a conscientious objection to abortion be required to refer their patients to unbiased health services care and calls for the creation of safe access zones to protect women from harassment when accessing abortion care.

“No one should have to run a gauntlet of judgment, abuse and harassment just to see their doctor. Attorney-General Chapman must act now to ensure that all people can access quality health services safely,” said Walters.

Media contact:

Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519