VEOHRC Statement - New abortion laws

01/10/2008

It is understandable that something as important as abortion law reform generates a lot of interest and a lot of passion. However in the midst of this debate we need to ensure that the Charter of Human Rights is not misinterpreted.

The Charter specifically outlines that “Nothing in this Charter affects any law applicable to abortion”. This was included because attitudes to abortion are extremely personal and there is no clear community consensus on this issue.

The rights contained in the Charter are not absolute, and competing rights and responsibilities need to be balanced. For example, a person’s freedom of belief can be compromised if it infringes on the health and safety of another individual.

In this case, a doctor’s right to freedom of conscience must be balanced against the legal rights of patients wishing to make free and informed choices. Freedom of conscience can also be applied to women seeking an abortion.

Freedom of conscience is not the only issue to be taken into account, and to suggest this is to simplify a very complex issue.

Sometimes limits on human rights are necessary in a free and democratic society that respects human dignity of each individual.

Dr Helen Szoke
Chief Conciliator/Chief Executive Officer
Victorian Equal Opportunity & Human Rights Commission