WA must fully decriminalise abortion and reform outdated laws
Western Australia has a unique opportunity to demonstrate its commitment to the health and equality of women and all people who experience pregnancy by reforming the state’s outdated abortion laws, the Human Rights Law Centre have told the McGowan Government in a submission to inform the government’s drafting of new abortion laws.
While the McGowan Government introduced safe access zones laws in 2021, Western Australia is the only state yet to fully decriminalise abortion. Abortion is legal in most circumstances in Western Australia. However, the regulation of abortion care through an exception in the criminal law has a stigmatising and chilling effect on service provision and patient care.
Further, a number of medically unjustified legal rules are making it particularly hard for people in regional and remote areas to access the care they need, while some women in distressing situations are being forced to fly interstate for abortion care in more complex cases.
Adrianne Walters, Associate Legal Director with the Human rights Law Centre, said:
“Abortion is healthcare. Access to abortion is a human right. No one should fear prosecution for needing healthcare. WA’s laws have failed to keep up with modern medical practice and community values. The laws are outdated and include a number of medically unnecessary rules that act as a barrier to timely and compassionate abortion care. It is beyond time for the McGowan Government to act.
“Restrictive abortion laws lead to delayed treatment and poorer health outcomes, particularly for people living remotely and people who face systemic discrimination in the health system, such as Aboriginal and Torres Strait Islander women and women with disability. No other health procedure has been regulated in law like abortion. It is time to start treating abortion like all other healthcare and focusing on achieving the best possible reproductive health outcomes for all.
“It’s important to remember that the law is only part of the picture. Access to reproductive healthcare across Australia is still tenuous for many. There is so much more that governments can do to properly fund and support reproductive healthcare, from increased public funding to nurse-led care. This would result in better health outcomes for everyone.”
The Human Rights Law Centre have made a range of recommendations about legislative reform, drawing from our extensive experience of working with health experts and law-makers across Australia, including in Western Australia, on abortion law reform.
Read Abortion as healthcare in law here.
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au
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