Laws Surrounding Abortion
Over the past several years, there have been many attempts made to mend Queensland’s current laws surrounding abortion with the abortion legislation being regarded as confining and outdated. As abortion treatments advance and become more common in society, it is still illegal for women living in Queensland to procure the operation. Over the past years, concerns have risen regarding the fairness of the law and its failure to align with modern society values. These concerns warrant investigation, along with the evaluative discussion regarding the fairness and equability of the relevant guidelines and legislation in place in Queensland.
According to the Queensland Criminal Code 1899, an abortion is legally defined as any deliberate procedure …show more content…
that removes, or induces the expulsion of, a dead embryo or foetus or a living embryo or foetus with the purpose of causing its death. The Queensland Criminal Code 1899, sections 224 and 225 covers the abortion laws that currently exist in Queensland. Section 224 states ,
Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years.
Similarly, section 225 deems,
Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a crime, and is liable to imprisonment for 7 years.
However section 282 (1) states that
A person is not criminally responsible for performing or providing, presuming that it is in good faith, a surgical operation or medical treatment on a person or an unborn child to preserve the mother’s life. This is in regard to the patient’s state at the time of the procedure and to all the circumstances of the case.
An issue that currently exists within the law regarding abortions in Queensland is it’s failure to align with modern society standards due to the criminalisation of abortion.
According to sections 224 and 225 of Queensland Criminal Code 1899, it is currently illegal for any persons to terminate or assist with the termination of an unborn foetus. Failure to abide by this law may result in a maximum sentence of 14 years imprisonment. This law is not fair, just or equitable as it does not align with the general opinion of Australian society. In order for a law to be fair, just and equitable, it must fairly balance individual rights with community good, should be clear and unambiguous, must be consistent and stable, should apply equally to all and should be capable of being enforced. A survey conducted by the Children by Choice Organisation indicated that over 80% of the participants thought that a woman should have the right to choose whether she terminates a pregnancy or not. This statistic clearly indicates that a large majority of the participants believe that abortion should be legalised and available to women. Moreover, the current abortion law is not fair, just or equitable as the need of the law is not understood within a majority of Australians and does not accord with individual and community notions of justice. Additionally, Current laws are inherently contradictory, given that testing for fetal abnormalities is not only legal but Medicare-funded, and yet women cannot …show more content…
act on the results. Similarly, it is estimated that between one quarter and one third of Australian women will experience an abortion in their lifetime (Children by Choice Organisation, 2017). However, although the majority of Australians believe that abortion should be legalised and statistics show that an estimated third of Australian women will experience an abortion in their lifetime, the procedure is deemed as illegal in Queensland. Therefore, due to the fact that the current abortion legislation in Queensland does not accord with community and individual standards, it is not classified as a fair, just and equitable law and fails to fairly balance individual rights with community good.
Abortion laws in Australia differentiate based upon the legislation in place in each state. all states with the exception of Queensland and New South Wales have legalised abortion and have placed the abortion legislation under health regulation acts or have allowed a less restrictive ability of access for the procedure. As a result of this, the abortion laws in Queensland have become inconsistent and outdated in comparison to the rest of Australia. Currently, abortion is regarded as a criminal offence in Queensland however, it is deemed legal up to 22 weeks if necessary to preserve the woman from a serious danger to her life or health beyond the normal dangers of pregnancy and childbirth or if the foetus has a defect which is considered to be "inconsistent" with life. Due to the fact that Queensland’s abortion laws are inconsistent and outdated in comparison to the abortion laws in other states, women in Queensland may feel disadvantaged and discriminated against as they do not have the same rights as other women living in the same country. In order for a law to be considered fair, just and equitable, it must be clear and unambiguous and apply equally to all. The abortion laws in Queensland do not reflect the requirements of a fair, just and equitable law as they are unclear and ambiguous and do not apply equally to all. The inconsistency and ambiguity of the law forces women living in Queensland to travel to other states in the case that they ever need an abortion. This is due to the fact that it would be illegal for women to go through the procedure in Queensland unless they are within the small minority that may receive an exemption to the law due to mental or physical health reasons. As a result, the abortion laws that currently exist in Queensland are inconsistent and outdated and as a result do not align with the laws of other states and create a sense of disadvantage and discrimination for Queenslander women.
Despite the issues that currently exist within the abortion legislation in Queensland, there are opposing views that agree with the current laws and criminalisation of abortion.
Views such as those of the Catholic church are a “pro life” group which believe in the moral side of getting an abortion. The Catholic Church has always censured abortion as a “grave evil”. The issue of abortion gathers controversy on the question of personhood. Most people believe that a person has a moral status: Taking the life of another person, barring extreme circumstances, is a grievous sin. Pro-lifers argue that the same is true of abortion, because fetuses are persons—hence the term “pro-life. Additionally, the Queensland Government introduced an amendment to section 282 of the Criminal Code in September, 2009. The amendment aims to provide a defence for doctors who are charged for performing unlawful procedures. If a doctor were to be charged, they would rely on this defence. The revised section
states:
A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill a surgical operation on or medical treatment of:
a) a person or unborn child for the patient’s benefit; or b) a person or unborn child to preserve the mother’s life; if performing the operation or providing the medical treatment is reasonable, having regard to the patient’s state at the time and to all circumstances of the case.
However, despite the moral issue on the topic of abortion, the current law does not align with the needs of society and is not a fair, just and equitable law.
In order for the Abortion laws to be enforced successfully and effectively, reforms must be made to align the laws with society values and standards. Based on the fact that abortion is currently a criminal offence in Queensland, reforms must be made to decriminalise the procedure in order to allow easier access for women and become a fair, just, and equitable law. Additionally, the exceptions to the law must be made less restrictive and abortion must be made easier to access. This includes allowing abortion for socio-economic reasons such as being financially unstable and unable to support a child or the simple reasoning of not wanting a child. By making these reforms, the law will become fair, just and equitable and will align consistently with current society values and other states.
According to the Queensland Criminal Code 1899, an abortion is legally defined as any deliberate procedure …show more content…
that removes, or induces the expulsion of, a dead embryo or foetus or a living embryo or foetus with the purpose of causing its death. The Queensland Criminal Code 1899, sections 224 and 225 covers the abortion laws that currently exist in Queensland. Section 224 states ,
Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years.
Similarly, section 225 deems,
Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a crime, and is liable to imprisonment for 7 years.
However section 282 (1) states that
A person is not criminally responsible for performing or providing, presuming that it is in good faith, a surgical operation or medical treatment on a person or an unborn child to preserve the mother’s life. This is in regard to the patient’s state at the time of the procedure and to all the circumstances of the case.
An issue that currently exists within the law regarding abortions in Queensland is it’s failure to align with modern society standards due to the criminalisation of abortion.
According to sections 224 and 225 of Queensland Criminal Code 1899, it is currently illegal for any persons to terminate or assist with the termination of an unborn foetus. Failure to abide by this law may result in a maximum sentence of 14 years imprisonment. This law is not fair, just or equitable as it does not align with the general opinion of Australian society. In order for a law to be fair, just and equitable, it must fairly balance individual rights with community good, should be clear and unambiguous, must be consistent and stable, should apply equally to all and should be capable of being enforced. A survey conducted by the Children by Choice Organisation indicated that over 80% of the participants thought that a woman should have the right to choose whether she terminates a pregnancy or not. This statistic clearly indicates that a large majority of the participants believe that abortion should be legalised and available to women. Moreover, the current abortion law is not fair, just or equitable as the need of the law is not understood within a majority of Australians and does not accord with individual and community notions of justice. Additionally, Current laws are inherently contradictory, given that testing for fetal abnormalities is not only legal but Medicare-funded, and yet women cannot …show more content…
act on the results. Similarly, it is estimated that between one quarter and one third of Australian women will experience an abortion in their lifetime (Children by Choice Organisation, 2017). However, although the majority of Australians believe that abortion should be legalised and statistics show that an estimated third of Australian women will experience an abortion in their lifetime, the procedure is deemed as illegal in Queensland. Therefore, due to the fact that the current abortion legislation in Queensland does not accord with community and individual standards, it is not classified as a fair, just and equitable law and fails to fairly balance individual rights with community good.
Abortion laws in Australia differentiate based upon the legislation in place in each state. all states with the exception of Queensland and New South Wales have legalised abortion and have placed the abortion legislation under health regulation acts or have allowed a less restrictive ability of access for the procedure. As a result of this, the abortion laws in Queensland have become inconsistent and outdated in comparison to the rest of Australia. Currently, abortion is regarded as a criminal offence in Queensland however, it is deemed legal up to 22 weeks if necessary to preserve the woman from a serious danger to her life or health beyond the normal dangers of pregnancy and childbirth or if the foetus has a defect which is considered to be "inconsistent" with life. Due to the fact that Queensland’s abortion laws are inconsistent and outdated in comparison to the abortion laws in other states, women in Queensland may feel disadvantaged and discriminated against as they do not have the same rights as other women living in the same country. In order for a law to be considered fair, just and equitable, it must be clear and unambiguous and apply equally to all. The abortion laws in Queensland do not reflect the requirements of a fair, just and equitable law as they are unclear and ambiguous and do not apply equally to all. The inconsistency and ambiguity of the law forces women living in Queensland to travel to other states in the case that they ever need an abortion. This is due to the fact that it would be illegal for women to go through the procedure in Queensland unless they are within the small minority that may receive an exemption to the law due to mental or physical health reasons. As a result, the abortion laws that currently exist in Queensland are inconsistent and outdated and as a result do not align with the laws of other states and create a sense of disadvantage and discrimination for Queenslander women.
Despite the issues that currently exist within the abortion legislation in Queensland, there are opposing views that agree with the current laws and criminalisation of abortion.
Views such as those of the Catholic church are a “pro life” group which believe in the moral side of getting an abortion. The Catholic Church has always censured abortion as a “grave evil”. The issue of abortion gathers controversy on the question of personhood. Most people believe that a person has a moral status: Taking the life of another person, barring extreme circumstances, is a grievous sin. Pro-lifers argue that the same is true of abortion, because fetuses are persons—hence the term “pro-life. Additionally, the Queensland Government introduced an amendment to section 282 of the Criminal Code in September, 2009. The amendment aims to provide a defence for doctors who are charged for performing unlawful procedures. If a doctor were to be charged, they would rely on this defence. The revised section
states:
A person is not criminally responsible for performing or providing, in good faith and with reasonable care and skill a surgical operation on or medical treatment of:
a) a person or unborn child for the patient’s benefit; or b) a person or unborn child to preserve the mother’s life; if performing the operation or providing the medical treatment is reasonable, having regard to the patient’s state at the time and to all circumstances of the case.
However, despite the moral issue on the topic of abortion, the current law does not align with the needs of society and is not a fair, just and equitable law.
In order for the Abortion laws to be enforced successfully and effectively, reforms must be made to align the laws with society values and standards. Based on the fact that abortion is currently a criminal offence in Queensland, reforms must be made to decriminalise the procedure in order to allow easier access for women and become a fair, just, and equitable law. Additionally, the exceptions to the law must be made less restrictive and abortion must be made easier to access. This includes allowing abortion for socio-economic reasons such as being financially unstable and unable to support a child or the simple reasoning of not wanting a child. By making these reforms, the law will become fair, just and equitable and will align consistently with current society values and other states.