Civil and human rights

Abortion Law Reform - is it time to decriminalize abortion in NSW?

Abortion (administering or having) has been a criminal offence in NSW since colonization. However, since 1971 NSW case law has established that abortion is lawful in exceptional contexts where it can be established that it is necessary to preserve a woman from serious danger to her life or mental or physical health and it is not out of proportion to the danger to be averted.  

Having to rely on this limited defense is a deeply flawed and unsatisfactory legal position for both women and medical practitioners.  The right to lawful abortion remains uncertain and limited in NSW, which generates reluctance among many practitioners to perform abortions, with serious consequences for many women.

The decriminalization of abortion has long been CCL policy.

There has been recent reform of abortion laws in the ACT (2002) Victoria (2008) and – more limitedly in Tasmania (2013). In these jurisdictions abortion has been decriminalized and is treated as primarily a health issue.

Many activists in NSW who support abortion law reform have been reluctant to campaign around the issue in recent times. This is because of the ever-present possibility that a very conservative NSW Parliament – especially Legislative Council – might react with stronger anti- abortion legislation removing the current lawful defences and thus make the situation far worse for women. 

The NSW Greens have decided to challenge this analysis and are attempting to revive a strong campaign for the decriminalization of abortion in NSW.  

Accordingly Dr Mehreen Faruqi  (Greens MLC) has drafted an abortion law reform bill which abolishes all criminal offences relating to abortion in NS W, as well as introducing some other protections including the establishment of exclusion zones around abortion centres and requiring medical practitioners who conscientiously object to abortion to refer a woman to another practitioner who does not have such an objection. 

NSWCCL has met with  Dr Faruqui and discussed her strategy and made some technical suggestions for changes to the draft bill. We have agreed to support the campaign – although we are very aware of the hostile attitudes of some members of the NSW Parliament and think it likely that the campaign will be a long one.

The Greens are holding consultations about the bill.  They will be holding a public meeting in the Glebe Town Hall on Monday  6th June at 6pm.  We urge interested members and supporters to attend.  

Dr Lesley Lynch

Vice-President

 

 

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Senate electoral reform survives onslaught

The Senate electoral reform bill passed though all stages of Parliament on 18th March after a marathon sittings – including a 28 hour non-stop Senate session.  This is a very good outcome for democracy in Australia. NSWCCL supports the new electoral process and is relieved Australia does not have to go to another election under the current broken and distorted system.

Sadly the Parliament is bitterly divided on this Bill which emerged from a unanimous Joint Committee on Electoral Reform (PJCEM) report over two years ago  – though the only cross-bench representative on that Committee was Nick Xenophon.

Given the huge role that then Labor Senator John Faulkner had in supporting this reform, it is particularly disappointing that the ALP felt it had to oppose the Bill with such vehemence.

 As indicated in our earlier report, NSWCCL understands the very real pressure of possible adverse electoral outcomes for individual parties in any changes to electoral processes.. Nonetheless, we had hoped that Parliament could have approached this vital legislative reform with much greater consensus about underlying electoral principles. 

After all no-one, bar some of the cross-benchers, argues that the current electoral process is fair or democratic. Few (we hope!) would disagree that it is better for voters to be able to directly choose who they want to vote for rather than party machines and other backroom players. Few would disagree that the Senate electoral outcomes in 2013 were not a manifestation of democratic process and did not fully reflect voters’ wishes.

The failure of our Parliament to build on the consensus achieved by the PJCEM is in significant part because of the failure of the major parties to act on the report in a timely fashion. Then unavoidable tensions emerged when the Government determined to rush the reforms through Parliament with a very short timeline for examination of the Bill and in close proximity to an election – and even more perturbing for some- a possible double dissolution.

But the bottom line is a significant reform has been achieved.

Amendment update

The original Bill was amended to include  partial optional preferential voting below the line (as well as above the line) following a recommendation from a very short review of the Bill by the PJCEM. This amendment addressed the one concern the NSWCCL had with the proposals.   

Lesley Lynch 

 

Related posts:

Senate electoral reform in the balance - 03/03/16 

NSWCCL submission to the JCEM - 29/02/16

 

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Senate electoral reform in the balance

The Australian Parliament is currently debating a Bill to reform the Senate electoral processes. It is very dismal listening: much abuse, much nonsense, and very little intelligent analysis.  And all happening in a last minute dash.  

Not Parliament at its best.

NSWCCL supports immediate reform of the distorted and undemocratic Senate electoral processes. We have urged this since the 2013 elections so dramatically illustrated the undemocratic processes and outcomes of this broken system.  We have made a submission to the Joint Committee on Electoral Matters supporting a Bill which, if amended on one key matter, will deliver that reform.

This Bill is supported by the Government, the Greens and Senator Xenophon.  The ALP and the other cross benchers vehemently oppose it.  Perceived electoral self-interest appears to be the common driver- with the possible exception of the Greens.

This is such a shame. Two years ago there was constructive consensus from all major players and Xenophon on the need for immediate action and for a comprehensive reform package recommended by a unanimous parliamentary committee report. This report was scathing in its criticism of the 2013 Senate election process and urged Parliament to act quickly so that Australian electors should not have to go to another election under  the current system.

Sadly both the Government and the Opposition failed to act then. 

The current Bill provides a second, albeit belated, opportunity to enact these crucial reforms. It must  be amended to fully implement the Committee’s 2014 recommendations to allow partial optional preferential voting below the line.  This is an imperative if we are not to have an inconsistent and flawed new system.   

NSWCCL understands the self-interest electoral pressures on parties especially in the context of a mooted double dissolution in an extremely overheated political environment.  However,  on an issue as fundamental as the right of electors to be able to choose who they vote for, to control the allocation of their preferences and to not vote for candidates they don’t support , we have a right to expect our political parties and parliamentarians  to put democracy first.

 

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Submission to NHMRC concerning Assisted Reproduction Technology

The National Health and Medical Research Council has published draft ethical guidelines on the use of assisted reproduction technology in clinical practice and research. 

Responding to an invitation to comment, the NSWCCL has made a submission that supports these draft guidelines, applauding the NHMRC for their support for the autonomy of all involved and their rights to detailed, accurate, contemporary and relevant information concerning the procedures, legal consequences and otherwise of their decisions.

Some questions for which further comment is requested of the NHMRC include, (1) Payment for the risks and labour involved in egg donation, (2) Sex selection on non-medical grounds, and (3) the potential establishment of an Australian egg bank. 

Read the full submission here

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The Australian Parliament should legislate for same sex marriage

The last English speaking country remaining on the list.

 

 

The NSW CCL supports marriage equality and opposes holding a plebiscite or referendum on the issue. Peoples’ rights and freedoms must not be subject to a vote of a majority of citizens.

 

A cross party bill supporting the legalisation of same-sex marriage was brought to the Australian Parliament as it resumed this week, forcing us to consider the question of marriage equality. Sadly in a marathon party-room debate last Tuesday night, the Coalition decided against granting its members of parliament a free vote on marriage equality before the general election, postponing the debate. Again. Australia is indeed the only English speaking country which has not (yet) legalised marriage for same sex couples.

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CCL calls for continuation of Custody Notification Service (CNS) funding

NSWCCL this week has written to Minister for Indigenous Affairs Nigel Scullion and the Prime Minister Tony Abbott calling for the Federal Government to continue its funding of the Custody Notification Service (CNS).

The CNS is a telephone hotline providing personal and legal advice to indigenous people taken into custody. Under NSW legislation it is compulsory for the Aboriginal Legal Service (ALS) to be notified if an Aboriginal or Torres Strait Islander person is detained, and the CNS is the practical service that allows this to occur. Since its implementation, no indigenous deaths in custody have occurred in NSW/ACT.

CCL previously supported the campaign to 'Save the CNS' in 2013, and it is extremely disappointing that this essential notification service for indigenous people in custody is once again being threatened - particularly in the context of the recent report by Amnesty International that showed Australia incarcerates indigenous children at one of the highest rates in the developed world. It would reflect poorly on the Government's commitment to Closing the Gap and reversing the shameful over-representation of indigenous people in Australia's prisons if the CNS was to cease.

Letter to the Minister for Indigenous Affairs

See also: NSW ditches another protection for Indigenous people in custody, The Conversation, 10/06/2015 (Author: CCL member Eugene Schofield-Georgeson)

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Campaign for global abolition of death penalty

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NSW Council for Civil Liberties has joined with a number of other human rights groups calling for an overhaul to the way the Australian government campaigns to end the death penalty, today launching a new strategy document: ‘Australian Government and the Death Penalty: A Way Forward’.

Amnesty International, Human Rights Watch, the Human Rights Law Centre, Reprieve Australia, Australians Detained Abroad, NSW Council for Civil Liberties, Civil Liberties Australia and UnitingJustice Australia have joined forces to launch the blueprint.

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NSWCCL endorses UPR shadow reports together with joint NGOs and international surveillance groups

NSW Council for Civil Liberties has formally endorsed two separate Shadow Reports for the United Nations' 2015 Universal Periodic Review of Australia: firstly, a Joint NGO Submission together with a wide range of NGOs across Australia; and secondly, a submission specifically relating to Surveillance in Australia together with international and national surveillance groups. 

 

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NSWCCL condemns PM's attacks on Human Rights Commission

The NSW Council for Civil Liberties condemns the Prime Minister’s attack on the credibility of the Human Rights Commission (HRC), and Commissioner Gillian Triggs following the release of the Commission’s damning report into the detention of asylum seeker children.

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NSWCCL calls for mercy for two Australian citizens on death row in Indonesia

NSWCCL calls on the Australian government to make all diplomatic efforts to stop the executions of the two Australian citizens on death row in Indonesia facing imminent execution.  The NSWCCL has signed a joint letter with a range of other organisations to the Minister for Foreign Affairs, Julie Bishop, urging such efforts be made, and to the Indonesian Ambassador in Australia seeking mercy for the two Australian citizens facing imminent execution.

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