Is there still a need for abortion-specific laws? The capacity of the health framework to regulate abortion care

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Abstract

After prolonged periods of criminalisation, 20th and 21st century law reform has now moved abortion care closer to being regulated as health care in all Australian jurisdictions. However, no jurisdiction has yet tested the proposition that specific laws for abortion care are unnecessary. This article analyses the capability of health law, policy and ethics to regulate abortion comprehensively, without the need for either stand-alone laws or special provisions within health law. We examined this question in the South Australian context and concluded that the health framework provides the basis for equitable, safe and accountable abortion care that is also acceptable to the community.
Original languageEnglish
Pages (from-to)141-148
Number of pages8
JournalAlternative Law Journal
Volume46
Issue number2
Early online date8 Mar 2021
DOIs
Publication statusPublished - Jun 2021

Keywords

  • Public health law and policy
  • gender and the law
  • medicine and the law
  • abortion law

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