Leesa Limir Case Memoir

1. The individual or group that had their rights infringed—who were they?
The first time Leesa Meldrum ever wanted a baby was when she was just eight years old. She was a young girl standing in an airport, watching a mother carrying her baby. 40 years of age at the time, Leesa Meldrum is a single woman who was denied IVF treatment because of her relationship status. Ms Meldrum was devastated at the fact that she was never going to be able to have her own child. Leesa’s doctor, John Mcbain was highly sympathetic towards Leesa and her inability to have a child. Leesa Meldrum had her rights infringed as she was denied IVF treatment because she was a single woman. The groups that had their rights infringed were single or lesbian women. Ms Meldrum’s
Dr Mcbain and Leesa Meldrum had the contention that single women should be allowed access to IVF treatment whether or not they are married or single. However the Victorian state law had the opposing view of not allowing IVF to single women or those that are in a “de facto” relationship. The laws that existed at the time of the case were S8 of the infertility treatment act in Victoria and S22 of the Commonwealth sex discrimination act 1984. These laws impacted on Leesa Meldrum as she was unable to receive IVF due to the inconsistency of the Victorian and Commonwealth laws. John Mcbain took the case to court in order to justify the commonwealth law and allow it to be followed regarding S109 of the commonwealth of Australia constitution act 1990 which states that if there is any conflict between state and commonwealth laws in an area of concurrent power, commonwealth law must prevail. The state of Victoria had opposing views on this case as they believed that IVF may only be given to a woman who is married of ‘living in a de facto relationship’. Therefore lesbians, single and divorced women are excluded from