Submission to the Tasmanian Legislative Council - Reproductive Health (Access to Terminations) Bill 2013
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Submission to the Tasmanian Legislative Council
Reproductive Health (Access to Terminations) Bill 2013
July 2013Our vision:
A Tasmania where young people are actively engaged in community life and have access to
the resources needed to develop their potential.
About YNOT
YNOT is the peak body for the non government youth sector in Tasmania. YNOT
represents the interests of its members and the interests of young people (aged 12-25) in
Tasmania. YNOT aims to represent these interests by collaboration and involvement of both
young people and service providers in identifying and responding to issues that are affecting
the youth sector in Tasmania.
Youth Network of Tasmania
A: Suite 4a/236 Sandy Bay Road, Sandy Bay
T: 6223 5511
M: 0458 235 511
F: 6223 2255
E: ceo@ynot.org.au
W: www.ynot.org.au
Authorised by: Joanna Siejka
Chief Executive Officer, Youth Network of Tasmania
Co-chair, Statewide Youth Collaborative Group
Prepared by: Joanna Siejka and Rebekka Gale
1Contents
Our vision................................................................................................................................. 1
About YNOT.............................................................................................................................1
Contents....................................................................................................................................2
Introduction...............................................................................................................................3
Our position...............................................................................................................................3
Point of reference: sections 4 (Terminations by medial practitioner at not more than 16
weeks) and 5 (Terminations by medical practitioner after 16 weeks)………………………..4
Accessibility..................................................................................................................4
Point of reference: section 9 (Access zones)............................................................................4
Stigma and Access Zones.............................................................................................4
Point of reference: sections 6 (Conscientious objection and duty to treat), 7 (Obligations
on medical practitioners and counsellors) and 8 (Woman not guilty of crime or
offence)..................................................................................................................................4-5
Decriminalisation of termination and providing the service.........................................4
Costs..............................................................................................................................5
Concluding statement................................................................................................................5
References.................................................................................................................................6
2Introduction
The Youth Network of Tasmania (YNOT) makes this following submission in support of the
proposed legislative changes initiated by Health Minister, Michelle O’Byrne, in March of
2013 to remove termination from the Criminal Code Act 1924 and enact the Reproductive
Health (Access to Termination) Bill 2013. There have been advancements in the medical
profession and societal acceptance regarding a woman’s right to make informed choices
about her body. YNOT believes that up until now legislation has not changed to ensure
congruency between law and contemporary social values. Therefore, YNOT gives full
support to the enactment of the Reproductive Health (Access to Termination) Bill 2013 and
feels that such a change is long overdue.
YNOT is the peak body for the non government youth sector in Tasmania. YNOT
represents the interests of its members and the interests of young people (aged 12-25) in
Tasmania. YNOT aims to represent these interests by collaboration and involvement of both
young people and service providers in identifying and responding to issues that are affecting
the youth sector in Tasmania.
Our Position
YNOT maintains that termination of pregnancy is a medical procedure between a woman
and her medical practitioner/s and should not be a moral issue punishable by the State.
Research conducted in 2012 by Family Planning demonstrated that 86% of women surveyed
agreed that termination of pregnancy should be treated as a health issue rather than a
criminal issue. The proposed Bill supports this idea in its move to decriminalise
termination procedures.
YNOT suggests that young women are especially vulnerable in terms of unwanted
pregnancies and the proposed legislation would particularly benefit this group. While each
individual case is different, young women have multiple things going on in their lives at any
one time, and limited information about, and access to, termination services only puts more
emotional stress on young women at an already difficult time. YNOT believes that as long
as termination remains a criminal offence, young women face the possibility of serving
several years in jail for the procedure and therefore reducing their chances of finishing an
education and gaining future employment. In addition, young women in particular face the
social stigma surrounding high numbers of unwanted pregnancies due to media portrayal of
teenage pregnancy. YNOT believes that in passing the proposed Bill and making
termination procedures legal, the stigma on young women in particular will be reduced.
Tasmania has one of the highest rates of youth pregnancies when compared nationally (ABS,
2012) and many young women are unsure about the options available to them. The
proposed Bill is beneficial in limiting and reducing this confusion. Young Tasmanian
women are severely disadvantaged in both accessibility to and available funds for
termination services. YNOT understands that many young women resort to seeking costly
termination services interstate (Denholm, 2013), whereas others do not have the means to do
so and continue with an unwanted pregnancy. This can have detrimental effects on a young
woman’s education, job opportunities, financial stability and mental health. YNOT supports
this change as decriminalising termination in Tasmania would reduce this disadvantage to
young women.
3Point of reference: sections 4 and 5
Accessibility
As they currently stand, State laws make it difficult for women to access the services needed
to facilitate termination of unwanted pregnancy. YNOT suggests that access to services is
particularly problematic and extremely limited for young Tasmanian women due to the high
number of women living in poverty and the way the population is spread across the State
(Department of Premier and Cabinet). For many young women this inaccessibility to
adequate services can lead to unsafe terminations or unwanted children. YNOT believes a
young woman seeking a termination service has the same right as any other woman to safe
and respectful termination services. Other than the woman’s consent, the proposed Bill
imposes no restrictions on termination procedures carried out during the first 16 weeks of
pregnancy. YNOT supports this provision as it is providing equal access for young women.
YNOT also supports terminations being performed after 16 weeks of pregnancy, if
additional criteria are met. YNOT believes that the proposed Bill is needed, as current laws
are preventing women from making informed and safe choices about their own health and
well being.
Point of reference: section 9
Stigma and Access Zones
Unfortunately, many young women seeking a termination face the distressing impacts of
social stigma, in the form of intimidation and harassment. Therefore, YNOT strongly
supports the inclusion of access zones in the proposed Bill. We firmly believe that the
inclusion of zones of 150 parameters around establishments providing terminations will
significantly reduce the harassment, intimidation and protesting that young women are faced
with when accessing this service. YNOT views access zones as a practical means of
providing a safe environment for young women and reducing intimidations, harassment and
the consequent social stigma imposed on young women.
Point of reference: sections 6, 7 and 8
Decriminalisation of termination and providing the service
YNOT supports the change that encompasses the decision to terminate a pregnancy is left up
to each individual woman and that terminating a pregnancy would not result in criminal
charges for either the woman or the medical practitioner/s. YNOT believes that it is
unacceptable that currently a woman and her doctor can be imprisoned for performing a
termination, and therefore this proposed change to legislation is welcomed. Under section
seven of the proposed Bill, medical practitioners will not be forced to perform a termination
(and no counsellor forced to provide services), if they object to the procedure on moral
grounds but they do have an obligation to refer the woman to another practitioner who they
reasonably believe does not hold the same objection. This provision is congruent with
current medical codes of ethics, as not to refer a woman on currently could result in
professional sanctions. Under the proposed Bill non-referral will also result in a substantial
monetary penalty. In the case of a medical emergency, the proposed Bill stipulates that it is
a doctor’s duty of care to perform a termination and for a nurse to assist. YNOT supports
these provisions, and maintains that they are protecting the health and well being of women
while not requiring medical practitioners to compromise their own beliefs unless the
situation is classified as an emergency.
4Costs
Many young women travel interstate in order to access a termination service, which leads to
significant financial loss. The cost of the procedure, airfares, accommodation and other
basic needs all impact on young women looking to access this service. Decriminalising
termination in Tasmania would allow young women to remain in the state and rely on social
supports such as family, friends or teachers which she would not otherwise have if travelling
interstate. Furthermore, YNOT is of the opinion that terminations of pregnancy under the
proposed Bill would further benefit young women if they were provided under the public
health care system as many other medical procedures are. This would reduce the financial
burden on young women and reduce the risk of young women waiting until they can afford
the service. Delaying a termination procedure leads to increased risk to physical and mental
health therefore YNOT maintains that providing terminations under the public health system
would benefit vulnerable young women.
Concluding Statement
YNOT considers that this reform is overdue and supports the move to remove termination
from the Criminal Code Act 1924 thereby decriminalising the procedure. YNOT is in full
support of the Reproductive Health (Access to Termination) Bill 2013 and maintain this is a
step forward in improving safe and affordable services for women, particularly young
vulnerable women.
5References
Australian Bureau of Statistics (ABS) (2012), Births Australia, accessed on 10th July 2013,
http://www.abs.gov.au/ausstats/abs@.nsf/mediareleasesbyCatalogue/8668A9A0D4B0156C
CA25792F0016186A?OpenDocument.
Denholm, M (2013), “Abortion Bill cuts Criminal Sanctions”, The Australian, accessed 03rd
July 2013, http://www.theaustralian.com.au/national-affairs/state-politics/abortion-bill-cuts-
criminal-sanctions/story-e6frgczx-1226593546139.
Department of Premier and Cabinet, The Evidence for Social Inclusion in Tasmania”,
accessed 03rd July 2013, www.dpac.tas.gov.au/__data/assets/word.../Appendix_1_-
_Data.doc.
Family Planning Tasmania (2012), Family Planning Abortion Research Report, accessed
03rd July 2013, http://endtheconfusion.com.au/wp-content/uploads/2013/03/Family-
Planning-Research-Report-May-2012.pdf.
6You can also read
