Australian
Lawmakers Gear Up For Key Abortion Battle
By Patrick Goodenough
CNSNews.com Pacific Rim Bureau Chief
June 07, 2002
Pacific Rim
Bureau (CNSNews.com) - The makings of an epic ethical battle are underway
in Australia's smallest state, where rival lawmakers are proposing radically
different legislation -- either making abortion legal right up to birth,
or introducing measures to outlaw coercion and deny abortionists any
counseling role.
Wayne Berry,
the Labor Party speaker of the Australian Capital Territory (ACT) legislative
assembly, wants all laws relating to abortion repealed, favoring what
his pro-life critics have called a "free-market approach to abortion."
If successful,
his bill would allow abortion at all times and under all circumstances;
remove the current legal requirement to provide women with information
on abortion, possible health risks and alternatives to abortion, prior
to them going ahead; do away with a mandatory 72-hour "cooling
off" period aimed at preventing rushed decisions; and even remove
a requirement to keep statistics on abortion.
In the opposing
corner is Vicki Dunne, a Liberal Party lawmaker, who this week introduced
legislation that would have husbands, partners, parents or doctors jailed
for up to 10 years if convicted of forcing a woman into an abortion.
Dunne's legislation
would also prevent anyone involved in carrying out abortions -- abortionists
or associated staff -- from giving counseling to pregnant women considering
their options.
An existing
clause providing for 10 years' imprisonment for doctors who perform
illegal abortions would be retained, although Dunne's bill would do
away with a potential 10-year prison term for women who have illegal
abortions, replacing it with a token, one-month jail term.
Money angle
Introducing
her bill in the assembly, Dunne spoke of the commercial aspect of abortion,
noting that an abortion clinic's "financial success -- which can
be considerable -- depends on providing [abortions] to as many patients
as possible."
Clinics are
supposed to offer women advice about their options, but, Dunne noted,
if a woman subsequently decided to have her baby or put it up for adoption,
the clinic would not even get a counseling fee.
"Seeking
independent advice from an abortion clinic on whether it would be a
good idea to have the baby is like asking a car dealer whether you'd
be better off with a bicycle," she said.
"I want
to ensure that a woman contemplating an abortion is not pressured to
have an abortion by someone who stands to make money out of the process."
Coercion
Family members
and partners, too, can pressure women who were "highly vulnerable
to emotional blackmail" into making decisions they later regret.
"The
experience of post-abortion grief counselors is that their caseloads
have a high proportion of women who felt that they were forced to have
an abortion [by partners, relatives or doctors]," Dunne said.
"The
abortion clinic is not the only party who stands to gain if the woman
chooses an abortion."
Berry's proposed
legislation, meanwhile, has drawn strong reaction from pro-lifers. Feminists
for Life held a protest outside the legislature Wednesday, and the ACT
Right to Life group has also been campaigning hard against Berry's Bill.
ACT Right
to Life president Mary Joseph earlier called it a "a radical social
experiment" that would put ACT out of step with every other state
in Australia.
"The
world Wayne Berry foreshadows in his legislation is one where unborn
children can be aborted up to the moment of birth without any restriction,"
while statistics are not kept, hiding the "social problem"
from the community.
In the legislature,
Berry attacked his rival's proposals.
"Women
should have all the protection that goes with any other medical procedure,
without the tub-thumping misinformation that comes from Mrs Dunne and
her Right to Life supporters," he said. "They should be left
in peace like anyone else who has had a medical procedure."
Dunne contested
the view that abortion is a "medical procedure" at all.
"Medicine
is concerned with the 'diagnosis, treatment and prevention of disease',"
she said, citing a standard dictionary definition.
"Pregnancy,
as the mothers among us in particular are often assured, is not a disease.
Nor is there any disease for which abortion is a cure."
Dunne's coercion
proposals have raised concerns about possible abuse. One writer to the
Canberra Times daily said things could "get out of hand."
In a society
where someone could be sued for calling a work colleague "sweetheart,"
any advice or opinion regarding abortion by concerned parents, friends
or partners could be construed as coercion and lead to a prison term,
wrote Ruth Warner.
But in another
letter to the paper, Canadian pro-life campaigner Tina Arruda praised
the proposed legislation, saying many women were "corralled"
into abortion clinics by boyfriends, husbands or parents.
Representing
a population of just over 300,000 in a 900-square mile territory incorporating
Australia's capital, the ACT legislative assembly has just 17 members,
with Labor in a minority government.
Dunne's advisor,
Norman Abjorensen, said Thursday that six or possibly all of the Liberals'
seven members would support the Dunne proposal.
With the
right of a conscience vote, two of Labor's eight members have also voiced
support in principle, and two others were "wavering," he said,
adding that a majority looked possible.
The rival
bills are expected to be debated in August.
In Britain
this week, a pro-life group claimed to have obtained secretly-filmed
evidence of abortion clinic staff giving misleading or inadequate information
to women seeking advice on abortion.
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