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Abortion law reform - Expert Reaction
A briefing paper on abortion law reform has been handed to Justice Minister Andrew Little, after he commissioned the work in February.
The briefing paper outlines three options for reform - all of which include taking abortion out of the Crimes Act. The sticking point is around whether a statutory test should be required before an abortion could be performed - meaning the health practitioner performing the abortion must be satisfied the procedure is appropriate, taking into account the women's physical and mental health.
The options are:
A: no statutory test at all:
decision made by the pregnant woman in consultation with her
health practitioner
B: statutory test
C: no statutory
test until 22 weeks
The SMC asked an expert to
take a closer look at the alternative legal
models.
Associate Professor
Joe Boden, Deputy Director, Christchurch Health and
Development Study, University of Otago,
comments:
Note: Dr Boden is speaking on behalf of the team behind the Christchurch Health and Development Study, which have followed the lives of 1265 children born in Christchurch during mid-1977.
"Based on our research, we think this briefing paper is beginning to move in the right direction. However, the statutory test given for Options B and C are problematic, for the following reasons.
"The statutory test requires that a physician can certify that a woman’s mental health and wellbeing will be improved (i.e. not compromised) if she is allowed to have the procedure.
"The difficulty with this is that there is
currently no evidence to suggest that elective abortion
improves mental health in women who are experiencing an
unwanted pregnancy. There is, however, evidence of the
following (from our study):
1. Elective abortion does
have an effect on life outcomes, such that it allows women
to continue on their life course pathway without
interruption.
2. There is some evidence that elective
abortion is a cause of mental health disorder. However, the
size of this effect is small (about a 20% increase in risk),
and it is no greater than the risk posed by many other life
events. Furthermore, the effect is largely confined to women
who are conflicted about having the abortion, suggesting
that abortion services should include a screening process in
which women who report mixed feelings are provided access to
counselling and support.
"These issues, of course, are a serious indictment of the rationale for the current legal status of abortion as well (because exceptions are granted on the basis of a state of affairs for which there is no evidence). Given this, we would suggest that Option A is the best pathway forward for abortion laws
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