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Safe access zones will improve safety of women, human rights lawyers say
Women seeking an abortion should not be intimidated and abused when trying to visit their doctor, the Human Rights Law Centre said as it calls for the government in South Australia to pass sensible and proportionate safe access law zones.
Naomi Neilson
The Healthcare (Health Access Zones) Amendment Bill 2019 is due for debate after it passed the upper house a fortnight ago. The proposed law would promote the safety and privacy of women with automatic safe zones around Pregnancy Advisory Centres.
“Women should not have to run a gauntlet of abuse, harassment and intimidation when trying to see their doctor,” Ms Walters said. “Safe access zone laws work to protect a woman’s right to access healthcare safely and privately.
“Right now, women trying to act on a private medical decision are being harassed and harangued in public by anti-abortion activists. This has to be stopped.”
South Australia and Western Australia are the only two states in Australia to have not yet legislated for safe access zones. Within these safe access zones, it is an offence to intimidate or threaten another person or obstruct them from accessing the premises.
However, this proposed law will go further than other jurisdictions, including by having prohibitions in place to prevent “attempts to communicate” about abortion and creating a maximum penalty of two years imprisonment for a person found guilty.
“We commend commitment of politicians across the floor to ending public intimidation of women as they walk into a medical appointment, but laws need to carefully balance the right to access healthcare with freedom of expression. It is important that proposed laws do not create a precedent that threatens protests more broadly,” she said.
“Some simple amendments will ensure it strikes the right balance.”
Earlier this year, the High Court of Australia upheld safe access zone laws in Tasmania and Victoria. Even though the laws limit freedom of political expression, the High Court found they were justified because of the “critical importance” of ensuring that women can access the healthcare they need safely and without intimidation.
“We urge the South Australian Parliament to take guidance from Victoria’s safe access zone laws, which have received the High Court’s constitutional tick of approval.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
