Answer by Kate Dodgson, Brisbane 4000 Qld

• Access to abortion involves many areas of international human rights.
• This includes
  • the right to health and healthcare,
  • the right to information,
  • the right to life,
  • the right to live free from discrimination and
  • the right to privacy.
• However each of these rights is open to a degree of interpretation.
• For example anti-abortion campaigners may cite the right to life of the unborn baby, while pro-access campaigners will focus on the right to life and dignity of the woman.
• In Australia, abortion is governed by the states and territories as they have responsibility for criminal law and healthcare under the Constitution.
• Their interpretations of these human rights have guided their laws regarding abortion.
• When drafting the Victorian Charter of Human Rights the drafters were conscious of the difficulty of interpreting the ‘right to life’ and expressly stated that ‘nothing in this Charter affects any law applicable to abortion or child destruction’. This is a clear example of how the states and territories consider abortion to be a matter for politicians to decide.

• The ACT does not have any criminal provisions making abortion illegal. Abortions can be performed in the ACT.
• Each jurisdiction has different rules and you will need to check the relevant legislation in your state or territory. A lawyer can also advise you on the rules that apply where you live.