Abortion activists debate strategy

By Janet Parker SYDNEY — "Abortion: Potential crime or medical service?" was the theme of the second national conference of the Abortion Rights Network of Australia (ARNA) held on November 25. Reports on campaigns for improved access to abortion and for the repeal of all abortion laws still enshrined in state's criminal codes were presented to abortion rights activists from Queensland, South Australia, Victoria, Western Australia and NSW, heard reports on campaigns being waged across Australia. These activities ranged from public meetings, stalls, petitions, articles and letters to state-based newspapers, giving resources to high school student projects on abortion, participation in International Women's Day events and educating and lobbying parliamentarians. In at least two states, activists have been campaigning to prevent the sale of public hospitals to the Catholic Health Care Association — a move that would further reduce women's access to reproductive health services. While few abortion services exist in most states, they are mostly privately run (with the exception of South Australia where abortion has been "legalised"). They do not receive government funding or assistance, and are often based only in metropolitan areas (making access difficult for women from rural and isolated areas) and often have to rely on unsatisfactory translation services for non-English speaking women. In SA, where the abortion laws have been "reformed", serious constraints exist. Services have been limited to public hospitals, and most will not provide abortions over 12 weeks. Since 1992, abortions from 12-20 weeks have become available in Australia's first free-standing state-run abortion centre. Nevertheless, access remains difficult, particularly for young and low-income women. Last year in Canberra the first free-standing abortion clinic was established following the repeal of legislation restricting abortions to public hospitals. A bill calling for the repeal of all abortion laws in the ACT, drafted in 1994, was subsequently withheld when it appeared that the ACT government's most likely response would be to replace the existing statutes with SA-style legislation. Canberra activists, concerned that this would create a new set of problems, decided that they would continue the battle for repeal. New developments in the medical negligence case, CES vs Superclinics NSW, will soon bring a renewed challenge to the legal status of abortion in NSW. The case involved a NSW woman (CES) whose pregnancy remained undiagnosed for 19&189; weeks despite repeated visits to the doctor. When a doctor finally acknowledged she was pregnant she was told it was too late to have an abortion. The woman subsequently sued her doctors for damages on the basis that their negligence forced her to carry through an unwanted pregnancy. In finding against the woman, Justice Newman decided that she was claiming the "loss of an opportunity to perform an illegal act". In January 1995, CES won the right to appeal that decision. A counter appeal has since been brought forward by the Superclinics, and one of the defendant doctors. In response to this challenge, CES will have to successfully persuade the High Court that the abortion denied her was a lawful one. This appeal, to be heard in February/March 1996, will have important implications for abortion rights activists in NSW. Following former barrister Jim Staples' argument for the liberalisation — and not repeal — of the laws on abortion, there was a lively debate. Staples said this strategy was more likely to win parliamentary support. This position was hotly contested by participants who insisted that abortion must be treated like any other medical procedure, and be governed by the same regulatory acts such as the Medical Practitioners Act. Existing laws had nothing to do with protecting women's well-being it was argued. What these laws did was to allow courts and parliaments to control women's lives and reproductive choices. National coordinator of ARNA, Margaret Kirkby asserted that while repeal would not end conservative attacks on abortion rights, it was an essential starting point. Repeal was achievable through a concerted campaign which involved all sectors of the community she said.