
Australia isn’t the most progressive amongst Western democracies. It was only in 2021 that Abortion was officially decriminalized in South Australia, with The Termination of Pregnancy Bill only coming into effect in mid-2022. This sheds some light on problems surrounding accessibility to abortion services for pregnant people and the potential revision for doctors being given the choice of conscientious objection (CO).
What is conscientious objection?
Conscientious objection is the legal ability and right afforded to doctors to refuse to provide an individual with access to abortion. These doctors must tell pregnant people seeking abortion that the procedure is available for them to access, and must also refer them to a professional who will provide them the service. It has been enshrined into law in states such as Queensland and Victoria. However, the principle itself affords doctors the ability to potentially delay an individuals access to abortion.
Abortion can be performed in different states, however at which point it can be performed differs. Abortion can be performed at up to 24 weeks in both the Northern Territory and Victoria with the authorisation of one doctor. In New South Wales and Queensland, abortion can be performed up until 22 weeks with one doctors approval. In South Australia, abortion can be performed with the approval of one doctor until 22 weeks and 6 days. Tasmania has perhaps more conservative laws with abortion being permitted until 16 weeks, beyond this point two doctors must authorise the procedure. Western Australia being the most conservative state requires two doctors to allow for an abortion to be performed up until 20 weeks, abortions after 20 weeks would require 6 doctors on a panel to approve of the procedure.
Despite laws in place to permit pregnant people to access abortion without being criminalized, actual access to abortion isn’t equitable or fairly distributed. Concerns around where pregnant people are geographically located has a drastic impact on their access to abortion. For example, some doctors in rural towns may work within a Catholic hospitals and may fear being ostracised or the potential of losing their job if they assist patients to get abortions. Additionally, the costs of medical and surgical abortion isn’t necessarily financially affordable, and those without Medicare (such as those on some forms of visas) being another potential factor which limits an individual’s access to abortion. Abortions are generally provided through the private healthcare industry, therefore reducing their accessibility, with costs varying depending on if the individual is having a medical or surgical abortion, as well as how far along the pregnancy has progressed. For example, in the Northern Territory, it can cost up to $8,500 for a surgical termination if the individual found out they were pregnant later on during gestation. For people with healthcare or concession cards, a medical or surgical abortion from Family Planning NSW can be bulk billed, however, there would be a gap fee ranging from $350-$450 for surgical abortions. In some clinics within the private sector, the medication required for a medical abortion can require an individual to pay $500. However, SBS also noted that in some hospitals, abortion services can be offered for free with a Medicare card.
Furthermore, some general practitioners are able to prescribe abortion medications, however it is a small minority (10%) who are able to provide this essential form of healthcare. It must be also be highlighted how marginalised groups in society face significant barriers in trying to access abortion, particularly First Nations and refugee women, and women who have disabilities.
I argue that the medical field should remain a strictly secular space in which doctors must put aside their personal beliefs in order to provide the general public with access to essential healthcare resources. The ability for doctors to have the right of conscientious objection puts many pregnant people in a place of precarity, potentially prolonging their access to abortion like it did for one woman from a migrant background, who ‘threatened suicide and self-abortion‘ after being denied access to abortion from both a religious and public hospital. Abortion is healthcare. These spaces should be secular in nature, and should be occupied by doctors who can put aside their own religious and moral convictions in order to treat patients with respect and dignity by affording them access to healthcare, which is a fundamental and basic human right.
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