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The Greens and the campaign for a woman’s right to choose

By Sylvia Hale - posted Thursday, 21 September 2017


For women, the right to reproductive freedom and an unrestricted right to economic independence,as part of a process of breaking down hierarchical structures and beginning to re-order values by eliminating the division between the public and the private domain.

Long-term activist for human rights and social justice, and early Greens member, Jenny Ryde was involved in organising the International Women's Day March and Reclaim the Night. Before her death in 2001, she ran for The Greens at state or federal level on five occasions and consistently advocated a woman's right to reproductive freedom.

Lee Rhiannon's election to the NSW Parliament in 1999 and Kerry Nettle's to the Senate in 2001 saw Greens MPs advancing the issue at both state and federal levels. Among other issues, Kerry focused on the 'morning after' pill, RU486.

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The World Health Organisation had trialled the drug, the results demonstrating that it was a safe and effective method of terminating a pregnancy. Throughout the 1980s it was easily accessible in many countries and by the 1990s it looked as though it would be available in Australia.

1996 saw the conservative Howard government elected but without a majority in the Senate. DLP Senator Brian Harradine, a determined opponent of women's reproductive rights, held the balance of power. He did a deal with the devil and agreed to support the privatisation of Telstra in return for restrictions on the importation of abortion-inducing drugs. By June 1996 legislation was in place that enabled the Minister for Health to veto importation and listing of such drugs.

After months of debate and with Tony Abbott as Minister for Health, in February 2006, a cross-party group of women senators introduced a private members bill challenging the 1996 legislation. Kerry Nettle, wearing a T-shirt sponsored by the Young Women's Christian Association and bearing the words, 'Mr Abbott, Get your rosaries off my ovaries', attracted widespread attention. On 9 February, the Bill passed the Senate and subsequently the Lower House.

But, although ostensibly available in Australia since 2006, the drug was expensive and only 200 doctors were authorised to prescribe it. It took until 2012, on an application by Marie Stopes International, for its importation to be approved. Lee Rhiannon, by then a Greens NSW Senator and spokesperson for Women, paid tribute to the women Senators who in 2006 had worked to bring this about.

On International Women's Day in 2012, Rhiannon's article on reproductive rights was published on the ABC's 'The Drum'. It highlighted the tactics of a small group of placard-waving individuals whose activities intimidated patients and staff of clinics that provided abortion services.

As a Greens NSW MP, Rhiannon regularly raised, in the parliament and on the streets, women's reproductive rights. In May 2009, she sponsored a forum in the NSW parliament on abortion law reform in NSW and a month later presented a petition calling for decriminalisation of abortion and referral of the matter to the NSW Law Reform Commission for inquiry. She spoke out regularly on the case of a young Queensland couple who were arrested under that State's Crimes Act for procuring an abortion. She again called for law reform to remove abortion from the NSW Crimes Act and for it to be 'regulated like any other medical procedure'.

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Mehreen Faruqi, who had entered the NSW parliament in 2013, continued Rhiannon's efforts to decriminalise abortion in NSW.

Although the courts had held that abortion was lawful when deemed necessary to prevent risk to the life or health of the woman, whether a specific procedure was 'lawful' was dependent on the interpretation of an individual judge – a totally unsatisfactory position for women and for doctors, and one that was inconsistent with overwhelming public support in NSW for women who choose to have an abortion

Faruqi's bill to decriminalise abortion and provide safe access zones around clinics was introduced into the Upper House of the NSW Parliament on 11 May of this year. The Greens mounted the #End12 campaign in support of this parliamentary work. The bill sought to bring NSW into line with laws in Victoria, the ACT, Tasmania, and the Northern Territory.

Its defeat, when every member of the Liberal and National parties voted against it, ensured that NSW would continue to be out of step with modern medical practice and community opinion.

Faruqi deplored the outcome but commented that she was 'proud of the campaign we have run over the last few years and will continue'. She is now focusing on employment discrimination against pregnant women.

Campaigning for woman's right to choose has a long history among The Greens.

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About the Author

Sylvia Hale was a Greens member of the NSW Legislative Council, 2003-2010. Prior to that she was a joint-founder of and publisher at Hale & Iremonger, 1977-2003.

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