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Public responsibility for abortion care and the role of law

  • Barbara Baird
  • , Michael Thomson
  • , Angela Dawson
  • , Deborah Bateson
  • , Kirsten I. Black
  • , Sue Shilbury

    Research output: Contribution to journalArticlepeer-review

    18 Downloads (Pure)

    Abstract

    As part of a global liberalising trend, the last two decades have seen abortion decriminalised in each of Australia’s States and Territories. In this article, we focus on New South Wales (NSW) – the country’s most populous jurisdiction – and locate the State’s abortion law reform in its global context. Abortion was decriminalised in NSW in 2019. As part of this, the State introduced a new legal framework that continues the long history of exceptionalising abortion in the legal regulation of heath care. Furthermore, while decriminalisation is a necessary modernising reform, it is not a guarantee of improved access to services. This has been the experience in a number of decriminalised jurisdictions, including NSW. In this, we argue that services remain simultaneously over- and under-regulated. Responding to this, and centring public responsibility for abortion care, we propose a model designed to advance universal access to abortion services. In this regard, there remains a central role for law and policy in improving health equity. In addressing the role of law in post-decriminalisation jurisdictions, we advance understandings of law as a determinant of health.

    Original languageEnglish
    Pages (from-to)12-34
    Number of pages23
    JournalMedical Law International
    Volume25
    Issue number1
    DOIs
    Publication statusPublished - Mar 2025

    UN SDGs

    This output contributes to the following UN Sustainable Development Goals (SDGs)

    1. SDG 3 - Good Health and Well-being
      SDG 3 Good Health and Well-being
    2. SDG 10 - Reduced Inequalities
      SDG 10 Reduced Inequalities

    Keywords

    • Abortion
    • abortion law
    • decriminalisation
    • health equity
    • health services
    • legal determinants of health

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