By THE AGE
Added: Sun, 05 Oct 2008 23:00:00 UTC

Thanks to James for the link.

http://www.theage.com.au/national/abortion-bills-rights-breach-20081005-4ubn.html

Abortion bill's rights 'breach'

THE Catholic lobby has escalated the pressure on Victoria's lawmakers by claiming the bill that proposes to decriminalise abortion is in breach of the State Government's charter of human rights.

Catholic Health Australia's claim is based on legal advice, and is the latest attack on the controversial bill that will test politicians' consciences when debate begins in the upper house tomorrow.

The advice centres on a clause in the bill that will force doctors with a conscientious objection to refer women to a doctor with no such qualms. It says the clause breaches a doctor's right to freedom of religion, conscience and opinion.

Some doctors at Catholic hospitals have told The Age they supported the clause because it was needed to protect women from fanatics.

CHA has threatened to close its maternity services in Victoria if the bill were passed, because Catholic hospitals do not refer women for abortion.

CHA engaged lawyers Phillips Fox to review the legislation. Phillips Fox advised that the referral clause infringed the rights of doctors to privacy, freedom of thought, conscience, religion and freedom of opinion.

Under the charter, the Government should have considered these rights when the bill was introduced, and prepared a statement of compatibility.

"The wrongful exclusion of the charter from debate in relation to this bill has cut short a proper consideration of the human rights which may be affected," the advice said.

If the bill passes it will be legal despite breaching the charter. CHA spokesman Martin Laverty said this would prove the charter was worthless.

"We hope the upper house does not put Catholic hospitals in the position whereby we will be forced by law to operate in contradiction to our code of ethical standards," he said.

A senior doctor who has worked in a Catholic hospital said he and many of his colleagues believed the clause was necessary to protect women.

"The clause is there to stop the random fanatic sabotaging a woman's access to abortion," he said. "Most doctors are decent and honourable, and work around (a conscientious objection) to find a way that patients' needs are met. But some allow their consciences to trample over the rights of women, and it can lead to horrible outcomes."

He said one doctor withheld ultrasounds showing a foetal abnormality until it was too late for an abortion. The child was born and died a slow, unpleasant death, the doctor said.

Julian Savulescu, the Melbourne-raised philosopher who chairs Oxford University's Centre for Practical Ethics, said doctors must ensure patients had access to abortion services.

"The mere availability of services elsewhere is not the discharge of this obligation if the patient does not know how to access them," Professor Savulescu said.

When the bill was introduced two months ago, Women's Affairs Minister Maxine Morand said the charter included a clause saying it did not apply to abortion laws.

Health Minister Daniel Andrews said "effective referral" was medical best practice, as determined by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists and recommended by the Victorian Law Reform Commission.

Yesterday, more than 2000 protesters converged on the steps of the Victorian Parliament to voice their opposition to the bill. Earlier, 2500 packed St Patrick's Cathedral for a service, led by Archbishop Denis Hart, urging the bill's defeat.

TAGGED: HUMAN RIGHTS, POLITICS, RELIGION