Kapi-Mana News

Abortion as an election issue?

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Put a microphone in front of politician­s and it is usually difficult to shut them up. However, there’s one socially divisive subject virtually guaranteed to send most political candidates running for cover: Abortion law reform.

It has been nearly 40 years since Parliament last concerned itself in any substantiv­e way with abortion, and that reluctance makes efforts by the Greens to turn abortion law reform into an election issue noteworthy.

The Greens are proposing to decriminal­ise abortion and make access to abortion solely a decision between the woman and her doctor during the first 20 weeks of pregnancy.

Access to counsellin­g would be maintained, and abortion beyond 20 weeks would require serious and permanent health impacts on the mother, or serious abnormalit­ies in the foetus.

Abortion is currently an offence under the 1961 Crimes Act.

It becomes a legal procedure only if two consultant­s agree that the continuati­on of the pregnancy would seriously affect the mental or physical health of the woman, or that the foetus has a serious abnormalit­y.

Green Party women’s spokeswoma­n Jan Logie has called for a more honest approach.

‘‘The fact that 99 per cent of abortions are approved on mental health grounds and that rape is not grounds for an abortion reveals the dishonesty of the current legal situation,’’ she says.

‘‘By keeping abortion a crime, New Zealand has created an unnecessar­y stigma around abortion that has led to delays, erratic access to terminatio­ns depending on where you are in the country, and unnecessar­ily late terminatio­ns.’’ Perhaps. De- criminalis­ation, however, would seem unlikely to resolve all the issues concerning availabili­ty.

In parts of New Zealand, limited access to consultant­s and terminatio­n procedures also reflects the shortage of resources, and of health profession­als willing to do this work.

In effect, New Zealand has a 1977 law written quite conservati­vely, but interprete­d rather liberally.

Even so, as Logie says, a pregnancy resulting from rape – or from incest – is not automatic grounds for abortion.

If, in future, a socially conservati­ve government insisted that the law should be interprete­d strictly as written, that would change the abortion landscape.

In recent years, the courts have basically maintained the status quo, notably in the landmark 2012 Right to Life vs Abortion Supervisor­y Committee case.

By a narrow 3-2 margin, the Supreme Court ruled the courts should not require the committee to investigat­e whether the certifying decisions by individual doctors were valid.

To that extent, the current access to abortion is balanced on a quite narrow platform of legality and political will.

In the case of the Conservati­ve Party – a prospectiv­e National coalition partner – Colin Craig indicated to me in an interview last year his position was that parental consent should be required up to 16 – and possibly 18 – and that independen­t abortion counsellin­g should be mandatory.

Possibly, the Greens’ initiative will be only a footnote to the election campaign.

If so, the divisive issue of access to abortion will simmer away unaddresse­d and unresolved.

 ?? GORDON CAMPBELL ??
GORDON CAMPBELL

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