Laws Surrounding Abortion

Over the past several years, there have been many attempts made to mend Queensland’s current laws surrounding abortion with the abortion legislation being regarded as confining and outdated. As abortion treatments advance and become more common in society, it is still illegal for women living in Queensland to procure the operation. Over the past years, concerns have risen regarding the fairness of the law and its failure to align with modern society values. These concerns warrant investigation, along with the evaluative discussion regarding the fairness and equability of the relevant guidelines and legislation in place in Queensland.

According to the Queensland Criminal Code 1899, an abortion is legally defined as any deliberate procedure
According to sections 224 and 225 of Queensland Criminal Code 1899, it is currently illegal for any persons to terminate or assist with the termination of an unborn foetus. Failure to abide by this law may result in a maximum sentence of 14 years imprisonment. This law is not fair, just or equitable as it does not align with the general opinion of Australian society. In order for a law to be fair, just and equitable, it must fairly balance individual rights with community good, should be clear and unambiguous, must be consistent and stable, should apply equally to all and should be capable of being enforced. A survey conducted by the Children by Choice Organisation indicated that over 80% of the participants thought that a woman should have the right to choose whether she terminates a pregnancy or not. This statistic clearly indicates that a large majority of the participants believe that abortion should be legalised and available to women. Moreover, the current abortion law is not fair, just or equitable as the need of the law is not understood within a majority of Australians and does not accord with individual and community notions of justice. Additionally, Current laws are inherently contradictory, given that testing for fetal abnormalities is not only legal but Medicare-funded, and yet women cannot
Views such as those of the Catholic church are a “pro life” group which believe in the moral side of getting an abortion. The Catholic Church has always censured abortion as a “grave evil”. The issue of abortion gathers controversy on the question of personhood. Most people believe that a person has a moral status: Taking the life of another person, barring extreme circumstances, is a grievous sin. Pro-lifers argue that the same is true of abortion, because fetuses are persons—hence the term “pro-life. Additionally, the Queensland Government introduced an amendment to section 282 of the Criminal Code in September, 2009. The amendment aims to provide a defence for doctors who are charged for performing unlawful procedures. If a doctor were to be charged, they would rely on this defence. The revised section