Abortion Reform: A State Crime or a Woman's Right to Choose?

Abstract

Abortion law in Australia varies between States and Territories and many of the laws are outdated, confusing and uncertain. Ambiguity within the law has arguably grown since the introduction of medical abortion by means of drugs such as RU486. Despite widespread support for the provision of legalised abortion and access to relevant services, in most States, abortion continues to be a criminal offence and lawfully available only under certain circumstances. While most Australian jurisdictions have seen significant developments in abortion laws over the past 15 years, Queensland’s abortion laws are extremely outdated. Proceeding on the basis that safe and legal access to abortion is both morally and socially desirable, this article critically examines the Queensland legal position in relation to abortion before turning to an overview of developments in other jurisdictions. The article concludes that law reform is urgently needed throughout most of Australia and particularly in Queensland.

JEL Classification: K00