ALRANZ News
Welcome to our new members. For those who want information about abortion services in New Zealand there is an excellent website at http://www.abortion.gen.nz/
For those who want medical professional information the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG) published a resource in November 2005 which is available at:
http://www.ranzcog.edu.au/womenshealth/pdfs/Termination-of-pregnancy.pdf
ALRANZ Treasuer Jan Riach thanks the West Coast ALRANZ group for their donation of funds remaining from an account set up many years ago to help West Coast women pay the costs of travelling to Christchurch for abortion. Donations were received from throughout New Zealand. As the account has not been used for some time a decision was made to close it and transfer the funds to ALRANZ National.
CEDAW
ALRANZ made a submission to the National Council of Women on the first draft of the CEDAW NGO Alternative Report 2005/2007 suggesting minor alterations to the sections on abortion and teenage pregnancy. The latter concerned the inability of nurses to dispense the subsidised brand of the emergency contraceptive pill Postinor-2. Submissions to the second draft closed on 3 February and further information is available on the NCW website: http://www.ncwnz.co.nz/
New Zealand Research
(a) President Dr Margaret Sparrow wrote a commentary on the research published by Professor David Fergusson of the Christchurch Health and Development Study and to view this click here. [Copies of the original research are available for ALRANZ member on request.]
In the research a link was found between abortion and the development of depression, anxiety, suicidal behaviour and substance abuse, but not alcohol dependence. The researchers acknowledge that there are strengths and weaknesses in their study and that more research is needed before strong conclusions can be drawn.
A shorter version of Margaret’s article was written for the Auckland Women’s Centre and included in their Summer newsletter. ALRANZ letters on the topic were also published in The Dominion Post and The New Zealand Herald.
(b) An article in the New Zealand Medical Journal in January 2006 discussed risk factors for unsafe sexual behaviour in Maori youth. The Adolescent Health Research Group used data from an anonymous national secondary school health survey in 2001. About half the Maori high school students (54% males and 48% females) reported having had sex and of those who were sexually active 30% failed to use contraception, putting them at risk of unplanned pregnancy and sexually transmissible diseases. Marijuana use and a poor home life were associated with unsafe sexual behaviour. Strengthening family relationships and minimising substance abuse were recommended as protective strategies.
Review of legislation
ALRANZ calls for Parliament to review out abortion laws for several reasons:
1. The Abortion Supervisory Committee (ASC) is unconstitutional. Mrs Marlene Lamb resigned in March 2005 and a replacement must be appointed by Parliament.
2. The ASC has repeatedly called for a review of the present legislation and reiterated this in their 2005 Annual Report.
3. The High Court action taken by Right to Life against the ASC identified debatable issues and deficiencies in the present legislation about the rights of the unborn child and the decisions made by certifying consultants. These should be settled by Parliament rather than through the Courts.
4. The system of certifying consultants is cumbersome and expensive. The assumption that doctors are better able to make a decision than the woman herself must be challenged. In the year ended 30 June 2005, fees payable to certifying consultants totalled $3,504.263.
5. Approving abortions on rigidly defined grounds is dishonest. The fact that 98% of abortions are carried out on the grounds of mental health is crazy.
6. There have been major changes in medical technology since 1977. The law was written when surgical abortions were the norm and now it restricts the provision of medical abortions. Medical abortions do not always need to be carried out in a licensed institution. Where appropriate women should be able to take medical abortion pills at home, with safeguards of course in case of emergencies.
7. Social changes in the last three decades, both in NZ and internationally, have placed greater emphasis on human rights, children’s rights and women’s rights concerning their sexual and reproductive health. (See human rights cases later in this newsletter.)
Social legislation
United Future MP Gordon Copeland took over sponsorship of a Bill originally inspired by Larry Baldock in the previous Parliament, which tried to insert the words “man and woman” into the Marriage Act. The Marriage (Gender Clarification) Amendment Bill was defeated 73-47 at its first reading in Parliament in December 2005. Despite it being a conscience vote there was a tendency for MPs to vote along party lines. Although not necessarily indicative of how MPs would vote on abortion issues the voting pattern does help to identify social liberals and conservatives.
It was the first vote on a social issue for the 27 brand new MPs and three who had returned after an interval, Tau Henare, Eric Roy and Anne Tolley.
Copeland was supported by the other United Future MPs. Labour opposed the bill 49-1, that one being Taito Philip Field. The Greens the Maori Party and ACT all opposed the Bill. National was divided 36-12, NZ First 5-2.
The 12 liberal-leaning National Party MPs who opposed the Bill were Blumsky, Connell, Finlayson, Groser, Henare, Key, Power, Rich, Simich, Te Heu Heu, Williamson and Wong.
The two NZ First MPs who opposed the Bill were Donnelly and Mark.
In November 2005 The United Nations Human Rights Committee (UNHRC) issued a decision in its first abortion case, Karen Llontoy v. Peru. The decision establishes that denying access to legal abortion violates women’s most basic human rights. This is the first time an international human rights body has held a government accountable for failing to ensure access to legal abortion services. Where abortion is legal it is government’s duty to ensure that women have access to it.
In 2001, Karen, a 17 year old Peruvian woman was 14 weeks pregnant when doctors at a public hospital in Lima diagnosed the fetus with anencephaly, a fatal maldevelopment of the brain. She decided to have an abortion but was denied access by the hospital’s director and was compelled to carry the pregnancy to term. She was forced to breast feed for the four days that the infant survived.
Karen’s case to the UNHRC was supported by the Center for Reproductive Rights in partnership with the Latin American and Caribbean Committee for the Defense of Women’s Rights and the Counseling Center for the Defense of Women’s Rights. The decision is available from:
www.reproductiverights.org/pr_05_1117KarenPeru.html
Human Rights-UK
Sue Axon, 51 of Manchester, mother of five, lost her legal battle in the High Court in London for parents’ “right to know” if girls under 16 are being advised on abortion. She claimed that current guidelines undermine her role as a parent and infringe her parental rights under the European Convention on Human Rights.
Mr Justice Silber heard the case in November and issued his ruling in January 2006 stating that parents’ rights under human rights legislation were over-ridden by children’s right to confidentiality, if they were mature enough to understand the implications and therefore competent to take such decisions.
The ruling upholds the legality of guidance issued by the UK Department of Health in 2004 which states that children should be urged to talk to their parents or another adult but doctors should respect girls’ confidentiality.
Mrs Axon regrets having an abortion 20 years ago that caused her “guilt, shame and depression”. She has two teenage daughters. The elder, Joy, became pregnant after her mother initiated the case and is expecting a baby due on her 17th birthday in March.
Human Rights-Slovakia
An attempt by the Vatican to reduce the number of abortions in Slovakia has raised concerns in the European Union about the loss of rights for women. A draft treaty drawn up in 2003 between Slovakia and the Holy See would allow hospital staff to refuse to do abortions or fertility treatments on religious grounds. Staff would not be obliged to refer to another healthcare provider. A panel of EU lawyers says this could restrict the rights of those who want such services in a predominantly (70%) Catholic nation.
Human Rights-Poland
In February 2006 the European Court of Human Rights heard the case of Tysiac v. Poland and a decision is awaited. Alicja Tysiac, a 35 year old single mother of three was refused an abortion in 2000 despite warnings that having a baby could make her blind. Her sight is now significantly impaired.
http://www.echr.coe.int/Eng/Press/2006/Feb/HearingTysiacvPoland070206.htm
Other Overseas News
Australia
The Therapeutic Goods Amendment (Repeal of Ministerial responsibility for approval of RU486) Bill 2005 was jointly introduced into the Commonwealth Parliament by four senators as a private members’ Bill. The senators were Fiona Nash (National), Judith Troeth (Liberal) Lynn Allison (Democrat leader) and Claire Moore (Labour).
The Bill was confined to changing the method of approval of RU486 (mifepristone) or any other abortifacient introduced into Australia. Under existing legislation since 1996 approval has been by the Minister of Health and Ageing in contrast to the procedure for all other drugs via the Therapeutic Drugs Administration (TGA). Because Minister Tony Abbott is anti-abortion, no applications have been approved.
The Bill was referred to a Senate Committee. In December 2005 and February 2006 the Community Affairs Legislation Committee heard submissions from a wide range of interested parties including the TGA and medical professionals. Over 4000 submissions were received although some 1500 were ruled outside the scope of the inquiry, most of these from anti-abortionists. Public debate and lobbying was intense.
The risks of RU486 were emphasised especially as there have been 5 deaths following medical abortion since 2001. These occurred in healthy young women who developed infections with a bacterium called Clostridium sordelli which exists naturally in the genital tract but in rare cases is known to cause toxic shock syndrome after childbirth. Four of these occurred in the USA and one in Canada. No direct relationship to mifepristone has been identified.
On 9 February the Senate voted 45-28 to remove the power of veto from the Minister. After a heated and at times passionate debate, the Bill returned to the House of Representatives on 16 February when it was carried with voices, no-one calling for division. A victory for pro-choice advocates.
Unlike New Zealand, Australia does not have accurate statistics on abortion. The Institute of Health and Welfare estimates that over 84,000 were performed in 2003, 95% in the first 13 weeks of pregnancy, with an abortion rate for all age groups of 19.7 per 1000 women. In 2004 the New Zealand rate was 20.5.
Meanwhile in the Victorian State Parliament they are at least talking about decriminalisation. Abortion in Victoria is technically illegal but is performed under the common law Menhennitt ruling of 1969. Abortion was liberalised in Western Australia in 1998, Tasmania in 2001 and the ACT in 2002.
It is still a crime in NSW where abortions are carried out under the common law Levine ruling of 1971. A landmark trial against a Sydney doctor, is set down for the NSW Supreme Court in July 2006. Dr Suman Sood is the first doctor in NSW to be charged with the manslaughter of a fetus in more than 34 years. She is alleged to have given a 20 year old woman some tablets for a late term abortion and sent her home where she gave birth in the toilet to a baby boy who lived for four hours.
In December 2005 the US Supreme Court under the new Chief Justice, John Roberts took up its first abortion case in five years considering the New Hampshire state law requiring notification of a parent before a minor can terminate her pregnancy.
Planned Parenthood of Northern New England argued that the law introduced in 2003 but not invoked, places an undue burden on women. A parent must be notified 48 hours in advance of any abortion for anyone under 18 years unless the minor’s life is in danger.
A federal judge and a US appeals court declared the New Hampshire law unconstitutional because it lacked provisions for an exception involving a medical emergency that was not life threatening.
The Supreme Court was divided on the issue and has instructed an appeals court to reconsider the case. Retiring Justice Day O’Connor said in a 10-page court opinion that the appeals court was wrong to invalidate the law wholesale.
In the USA no state may ban abortion but states may regulate abortions. Curbs should not place an “undue burden” on women. The most common restrictions are parental consent, counselling and waiting periods. An article in Time (30 Jan 2006) gives details. Minors who want an abortion must inform at least one parent in 21 states, while 13 require parental notification. Some states also have laws relating to late term abortions but a Supreme Court ruling makes these laws unenforceable.
With the retirement of Justice Day O’Connor and her replacement by the more conservative Judge Samuel Alito, pro-choice groups are concerned about future Supreme Court decisions on abortion. 55 year-old Alito is a Roman Catholic of Italian descent and is the second conservative judge chosen by President Bush. He has been a federal appeals court judge since 1990. His appointment was confirmed by a sharply divided Senate 58-42 mainly along party lines.
United Kingdom
A recent opinion poll was conducted on the legal limit for an abortion and whether it should be reduced from its present 24 weeks. The survey showed that 47% of women believe it should be reduced and another 10% wanted late abortions banned. Fewer men thought the limit should be reduced but overall only one person in three agreed that the ‘the current time limit is about right’. The FPA opposed any reduction saying there needs to be access to late abortions after 20 weeks because a woman may not find out she is pregnant until 18 weeks or there may be a fetal abnormality. Less than 1% of abortions take place after 20 weeks. Surveys still support access for the other 99%.
The British government is defying the USA by giving money for abortion services in developing countries to organisations that have been cut off from American funding. The Department for International Development has set up a fund and will contribute ₤3 million over two years. It is hoped that other countries such as Scandinavia, Netherlands and Canada will join the initiative.
The “global gag” rule as it has become known, was first introduced in 1984 and re-imposed by President Bush in 2001. Organisations applying for US funds must sign an undertaking not to counsel women on abortion or provide abortion services. These restrictions are considered responsible for an increase in unsafe abortions by stopping funding to clinics that primarily provide contraception.
The International Planned Parenthood Federation (IPPF) was asked to write a report on the extent of unsafe abortion and this was released in January 2006. “Death and Denial: Unsafe Abortion and Poverty” reveals that about 19 million women will risk unsafe abortions this year, of whom 70,000 will die. This accounts for 13% of the 500,000 maternal deaths each year. Hundreds of thousands of others suffered serious injuries. Over 96% will come from the world’s poorest nations. The report is available at http://content.ippf.org/output/ORG/files/13108.pdf
Italy
In the run up to general elections in April, Prime Minister Silvio Berlusconi is trying to woo Catholic voters by proposals to restrict imports of the abortion pill, to provide pro-life volunteers in state-funded abortion advice centres and to oppose civil unions between homosexuals.
In January tens of thousands of gays and women demonstrated in Rome and Milan, two days after Pope Benedict XVI condemned homosexual marriage and the use of the abortion pill.
Against a background of mounting pressure from the Roman Catholic Church for a review of the 1978 abortion laws, a parliamentary committee proposed a commission of inquiry into the workings of the act.
Because of the very low fertility rate in Italy a proposal in December 2005 to pay women not to have abortions received support from politicians from both right and left. Several MPs are sponsoring a budget amendment to provide baby bonuses for women in straitened economic circumstances including single, unemployed women and those from low income families.
Italy’s current law provides for abortion on request in the first 12 weeks of pregnancy. Last year a law on assisted fertilisation gave embryos full rights from the point of conception and it is feared that this could be used to restrict access to abortion.
Canada
In January 2006 Canadians elected a Conservative minority government seeking change after 13 years of Liberal governance but not necessarily giving a broad mandate for social conservatism. However, Dr Henry Morgentaler at the forefront of the battle for abortion rights for four decades is apprehensive about possible changes. Canada has no restrictions on abortion and Ottawa legalised gay marriage last year.