Decision raises fears over abortion
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A landmark High Court ruling has raised fears New Zealand could return to the days of the 1940s, when many women died from illegal abortions.
Justice Miller this week delivered a judgment criticising the way New Zealand's abortion laws are applied. The ruling looks set to tighten access to abortions.
In the judgment, the judge expressed "powerful misgivings" about the lawfulness of many abortions.
Data from the Abortion Supervisory Committee tended "to confirm (the) view that New Zealand essentially has abortion on request", he said.
The judgment was on a case brought by the Right to Life group, which charged that the committee had failed on five counts to carry out its statutory duties.
The committee oversees abortion in New Zealand. In its 30 years, it had never struck off a licensed practitioner, the judgment said.
"In one case, where a consultant expressed views apparently consistent with abortion on request, the committee verified that she remained eligible."
More than 98 per cent of abortions were authorised on the grounds a woman's mental health was at risk. That seemed "remarkably high", the judge said.
The committee had stated the law was being used more liberally than Parliament intended, he said.
"There is reason to doubt the lawfulness of many abortions authorised by certifying consultants," he said.
Right to Life has hailed the judgment as the most significant for abortion law in 30 years.
Right to Life lawyer Peter McKenzie, QC, said he hoped it would have an immediate effect.
The judge refused one remedy Right to Life sought (an order to the supervisory committee to carry out its statutory duty). He reserved his decision on another, whether he should issue declarations, until after counsel for both parties had considered the decision.
The declarations would be "a means of translating (the judgment) into workable statements", McKenzie said.
Family Planning chief executive Jackie Edmond said there was a danger the ruling would make access to abortion more difficult for women. "If you start restricting abortion, we know that that actually leads to other things.
"We're talking back into the 1940s and '50s, when New Zealand had a significant number of women die every year of illegal abortions. I don't think that's where, as a country, we want to head."
Christchurch GP Pippa MacKay, who performs abortions at Lyndhurst Hospital, said women needed access to safe abortions.
"For as long as people have been having sex, there have been abortions," she said. "Unplanned pregnancies won't go away because abortion is illegal. That would be putting women's lives at risk."
MacKay said she was disturbed by the implication that she and other doctors were not operating within the law. "As far as I'm concerned, I apply the law. If someone says to me they will suffer depression if they have a child, then I accept that."
The chairwoman of the Royal Australia and New Zealand College of Gynaecologists and Obstetricians, Gillian Gibson, said there were significant risks in unauthorised practitioners carrying out abortions.
"We do have a safe abortion service and we've got a lot to lose by changing that in any way."
New Zealand Medical Association chairman Peter Foley said the judge's findings had to be respected. "We either have a law and we work to it, or we don't bother with the law and do what we want to."
In the judgment, the judge said Parliament "appears untroubled by the state of the abortion law".
Justice Minister Annette King said it was premature to talk about the implications of the judgment. "When it is completed and a judgment is made, the Government will seek in-depth advice from Crown law on the implications."
- © Fairfax NZ News
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I can't believe in this free country people are debating a woman's right to choose - it's apalling. We're not in the dark ages! It's not something I would choose for myself, but I support others who do choose this path.
I, too, have known women who have chosen to go ahead with abortion and it was definitely the right decision for them - they were also required (yes required, not requested,) to attend counselling sessions first to ensure they understood the implications of their decision and advised of possible complications and so on.
It's not always black-and-white looking at what's right and wrong. But having an abortion in New Zealand isn't about strolling in to your doctor's office, having the abortion and walking out again like it's being made out to be.
Morgan, I'm sure unborn children can't prefer anything, since they're kinda not sentient and all.
Sandra, I'm sure that most unborn children would prefer the option of not having an abortion.
Yes just what the world needs - more people. Particularly unwanted people. How about we look after the people we've got first off. Instead of picketing abortion clinics, go work in a soup kitchen.
I see this article is already swamped with pro-life propaganda.
"Honey, I would've aborted you, but the government didn't let me"
1940's News flash A few mothers killing their children hurt themselves in the process - Some even have died!
1945 Soldiers in a European army point out the difficulty the subclass that they had to kill caused in their country. They pointed out they were less than human better dead than causing trouble as undesirables. They argue that it is legal so it is Moral anyway in their country.
2008 News Flash! Women and highly profitable clinics responsible for the Killing of 18,000 Children this year complain that the Killing process should not be banned as the little Mongrels are inconvenient. These women suffering from 40% higher rates of Mental illness than those who don't kill children, point out that their Children's body is their own. And their own Body should not cause harm to them so the Children must be killed as it???s their right. They also state they need to do it for their own mental health. No Children's Spokesman was available to speak, though the children are noted to try to avoid the Killers and try putting out a muffled scream while they are being killed. Some insane lunatic right wingers who hate everything good, have tried to point out that it is not nice to do this when the child was not involved in the decision to be sacrificed for their mothers convenience. Also they point out that the cause of the situation was in all but a handful of cases a year the result of these women???s own decisions to have fun. Despite multiples of these right wing lunatics offering to take such unwanted children the women???s spokespeople speak of how these unwanted children will be better dead than to not be loved. The Queue to adopt being thousands long is stifled by a process that is made so complex that it excludes almost anyone who could have a child in a normal fertile circumstance anyway. A Judge suggests this is not good social Behaviour. A Women???s advocate pointed out yesterday that it is a privilege and not a right for the Children to not be killed. Some feminist policy documents constantly point out the need for a woman to be free of the responsibility in sex to be equal with men. This is sometimes considered to be the core of the issue motivating woman demanding this killing right. It is an issue of the need for Power. We await updates in this so so complex moral decision.
At last a Judge who has made a sensible decision. These burecrats are just rubber stamping these doctors actions without any thought for the babies or the women involved. The research shows that a women's mental health will suffer if she DOES have an abortion.
The actual number of abortions per woman of child bearing age is decreasing although the total number of abortions has increased with population increases and growing ethnic populations.
To revert to the 1940/1950's would be totally unacceptable and I cannot believe that at the end of my reproductive life this debate is on the agenda again.
As a baby-boomer my generation was the first to have access to free contraceptives and I know it is possible to avoid unplanned pregnancies. Compulsory sex education was first proposed in 1953 the year I was born and we still do not have compulsory sex education with adolescents parents still being able to withdraw them from this necessary knowledge information.
The sooner we have compulsory sex education and completely free contraceptives and information on this in all new settler languages then the abortion rate will not drop to a lower level.
Culture and contraceptive ignorance will always lead to unwanted and unplanned pregnancies and for girls who have been sexually abused and lack the maturity and ability to say no to unwanted sex unwanted pregancies will continue.
The Right to Life people cannot be our conscience and force women and girls into having unwanted babie; it is between them and their God as to their choice in this matter. Right to Life cannot play God on earth, it is in Gods hands.
I'm Pro-me that means I had a right to be born and it's wasn't my Mother's discussion or right to take my life away, even if she hadn't yet delivered me into this world. Scientific facts prove that I had my own unique DNA etc at conception. This DNA will never be repeated, my only chance to life even at the point of conception. But obviously some are still living in the dark ages and aren???t aware of latest technology with 3D ultrasounds and scientific facts that prove that Human life starts at conception. So PLEASE listen up. Scientific facts have proven that an unborn Baby???s Hearts starts to beat about 23 days after conception, see http://www.amnionet.com/p47.htm for more info. With the baby???s heart beginning to beat at about 23 days after conception, (just over 3 weeks) most women don???t even know they are pregnant by this stage. This means abortions stop a human heart. That???s murder. It???s also rightfully against NZ law. See NZ Crimes act 1961 part8- crimes against the person abortion 182. Killing unborn child-(1) Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in such a manner that he would have been guilty of murder if the child had become a human being. To make things much worst about 95% of abortions are performed from 8wks onwards, take a look at this beautiful 7 week unborn child 3D scan see http://www.amnionet.com/ It???s really no wonder why the ultrasound screens are turned away and the women are allowed to see their precious unborn baby, how it truly is, in the 3D scans. Anyway you can argue all you want about philosophic theory, religious faith beliefs etc etc.. but scientific facts of human development are very clear that the beginning of human life is at conception, human life is created and the unborn at conception has its own unique DNA etc. This is not debatable, not questioned. It is a universally accepted scientific fact. End of story??? And how about the concerns for the women carrying the unborn child, if they abort their Breast cancer risks may sky rocket??? see the following for ???definitive studies??? and references. http://www.abortionfacts.com/online_books/love_them_both/why_cant_we_love_them_both_23.asp So if you have an unplanned pregnancy it???s against the law to abort. So if you use your freedom of choice for pleasure you can???t just kill the baby because you don???t want it. Yet there are hundreds of people who want your baby, those that are on massive adoption waiting lists, why not let them welcome a Child into their family???and why not keep that baby???s heart beating?
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I agree with Sandra. The statistics show that 77% of people who are against abortion are men. While i absolutely wouldn't suggest that men should not be able to hold an opinion on this subject, they certainly shouldn't be allowed to criticize people who make this decision considering that they will never have to make it. Your own personal religion is also not a justifiable reason to want to impinge someones right to control their body and affect their decision making process.
In reference to the ruling, i think it shows a flaw in the way the law was originally drafted. When it was made there was no way the government would have been able to allow "abortions on demand", so they added the "mental health" card. Which was essentially a way for woman to go in; say that they would have "severe mental health difficulties" if the baby was born, and receive a abortion because they chose to request it. I support a law change on this, but only to make it more open and actually officially allow abortions on demand for any woman who requests it.
Dona, i have to agree with you that woman need both support and education to (ideally) prevent the situation (by use of contraception and or condoms). Support for the woman post abortion is also i good idea i tend to think.
Mental health is a loophole, one that should either be made official or not changed at all!
tom :)