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August 25, 2009
Queensland is an odd place. It is the face of modern Australia as well as that of old Australia. Queensland’s abortion laws are now the most antiquated and repressive in the country. Abortion remains a criminal offence. As Professor Caroline de Costa has pointed out in Crikey:
Both medical and surgical abortion, even by registered medical practitioners, remain crimes in Queensland under legislation that uses wording from 1861...It is true that there have been no prosecutions of doctors since Dr Peter Bayliss was acquitted in 1986 but the law remains in the Criminal Code, and as the case currently before the courts in Cairns shows, the police are prepared to prosecute both a woman making a personal decision for herself, and her supportive partner.
Queensland women are now having to travel to Sydney for a medical abortion since the protection offered to doctors who perform abortions in Queensland, based on the case against Dr Harry Bayliss in 1986, only applies to surgically-induced abortions.
de Costa adds that so far the Bligh Government:
has suggested letters and words of reassurance for doctors, and some tinkering with section 282 of the Criminal Code so that there is a defence for medical as for surgical abortion. The assurances of persons currently in positions of power provides little legal certainty even while those people remain in their posts, and none whatever when they depart.
Premier Bligh did say on Q+ A that her personal view is that abortion should be a matter between a woman and her doctor. However, she quickly added, there shouldn’t be any attempt to change the existing law because there wouldn’t be the numbers in the Queensland Parliament for it to get through.
So there is to be no decriminalisation of abortion in Queensland under a Blight Government. Something needs to be done. As Andrew Bartlett points out the situation for individual women seeking an abortion and for doctors prepared to provide is now totally untenable. Beirne School of Law Associate Professor Heather Douglas at the University of Queensland said:
Studies suggest that around 80 percent of survey respondents agree that a woman should have the right to choose whether she has an abortion. For many women - and for the health budget- abortion using drugs is a safer and cheaper option. As a result of the current legal position, there is virtually no access to abortion through the public hospital system in Queensland. This means that abortion in Queensland is also a class issue. Women with greater access to funds are more able to travel to obtain an abortion and to pay the private medical fees associated with abortion.
The ethical point is that woman should never be prosecuted for undergoing abortion, that the decision about abortion should be between the woman and her practitioner; and the regulations covering abortion should be in the health regulations in the 21st century.
What now? Women should be able to access safe legal abortion and should not have to suffer further indignities and possible penalties because she has sought and had an abortion performed.
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I think it raises the issue of political cultures also.
It seems de rigeur that politicians will not the rock the boat, particularly on issues with economic and or socio cultural "equity" implications. In effect, this refusal to "lead", even when priciples of breached ethics and palpable injustice are involved.
As have said elsewhere, the specific example deals with the consequences of an ideologically undertoned sub culture within a society capturing government.
In effect, the old ALP is now a misappropriated shopfront for a collusion of social conservative/DLP/ Hansonist, opportunist and eco ratonalist influences.
The ALP has assumed the role held by Howardism as a trucheon for different types of vested interests and authority, against individual autonomy, social concern and freedom of thinking. As with predecessors like Bjelke Peteren and Howard, the current tendency is content to masage publicopinbion rather than educate it or rouse it from its "self imposed tutelage".
Be it Cubbie creek or RU486, the reactionary corporatist entity, solely concerned with maintainence of power and ignorant of alternative uses for culture and society, turn on emancipatory thinking in the interests of the new inner clique. Logic and good intentions are turfed out the door.
Be it Howardism or Right-Laborism, self reflexivity and possibility take a back seat to the slaughter of the goose laying the golden egg, and misunderstood internal impulses to control seeking gratification.