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Criminal Law- Script – The Abortion Law reform
Good morning/ afternoon,
Ladies and gentlemen of the Queensland Department of the Justice and Attorney-General, we must make clear changes to s224,225 and 226 of The Criminal Code so as though abortion can be legalised in all circumstances. The current problem with the existing legislation is it is unclear and different judges can interpret it in different ways, therefore resulting in no guarantee that a similar case will have the same result. (Children by Choice, 2016). The current legislation needs to be revisited so as though as there are fairer outcomes for the woman.
The Abortion Law reform (Woman's right to choose) amendment bill was introduced into parliament on the 10 May 2016, for
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According to The Woman’s Right to Choose bill sections 224, 225 and 226 need to be repealed so as though as it can be written in a way in which every judge interprets it the same way and there is no room for miss interpretation. S226 states that any person that is aware of supplies anything that is known to be used to procure the miscarriage of the woman, is guilty of the misdemeanour. S225 states that any woman that is the cause of her own abortion whether it is a poisonous substance or any form of force is liable for 7 years imprisonment. And s224 states that anybody who deliberately tries to cause the miscarriage of a woman, by administering or causing her to take positions, toxic substances or uses any force is considered guilty of the crime and is liable to imprisonment. The wording in s224,225 and 226 suggests that some form of conduct resulting in a woman’s abortion will be considered lawful …show more content…
Many women feel as if the current law is a violation of their human rights and disadvantages many young women (dr Carol Portman, 2017). Have you ever thought about the woman seeking abortion due to Domestic violence or sexual assault? And maybe they don’t want to relive what happened to them in court just, so they can file for an abortion. An example of this is Kelly who was 37 years old and a victim of rape fell pregnant due to the sexual assault she asked several GP’s if they would help her and said they couldn’t due to it being a criminal offence as of section 226 the criminal code. She didn’t want to go through the courts as she was traumatised by the event and didn’t want to relive it in front of her husband and 3 children she shortly after found a clinic which would help terminate her pregnancy but she was verbally abused by protestors calling her and her husband “baby killers” Kelly feels as if no woman should ever have to go what she did and be made to feel like a criminal over something that was haunting her” (Jamila,2018). According to the Woman’s Legal service research shows that unplanned or unwanted pregnancy are most common from the woman being in domestic violence situations and the pregnancy is used as a way for the perpetrator to control the situations. In which if the woman goes ahead with the abortion the male
Individuals’ right to keep and bear arms in self-defense should be further restricted. For example, George Zimmermann – neighborhood watch citizen responsible for the teenager Treyvon Martin’s death
Controversy and arguments that were setbacks in the ongoing battle for women’s rights, specifically the right to an abortion, were put to slight a rest with the landmark verdict of Roe v. Wade. The revolution in reproductive rights caused by Roe v. Wade evolved from a spark in the hearts of women everywhere. When women claimed their rights as humans, that was when the face of women’s equality in all aspects started to change. The case of Roe v. Wade was the official legalization of a woman’s constitutional right to get an abortion in the United States, but the aftermath of any case is what makes or breaks the future laws and regulations. Through all of the restrictions, regulations, and loopholes, Roe v. Wade’s verdict stuck and continued to
In conclusion, laws are passed for a reason in most cases it is to help, not hinder nor harm. Some may argue the Supreme Court should have not passed the bill in 1972 while others believe it is the women right to choose to have an abortion. Even though there will always be the naysayers in the back trying to do away with the law, there too will always be women like myself willing to exercise their right to choose. When the smoke clears and the dust settles, only the women who experienced such events in their life should speak on the psychological effects of abortions. However, I do know, as the poet so puts (Banh, 2014) it, I knew them all though faintly, I loved them all and I will always have an open space in my heart for all my un-born children.
For many years in Canada and many other countries abortion has been a topic of debate. In Canada, there has been no legislation regarding abortions since 1988 as the previous laws were said to violate women’s Charter rights under Section 7 which states that Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Due to this, the Supreme Court of Canada considered abortion legislation to be a violation of the Canadian Charter of Rights and Freedoms. Since then, no legislations regarding abortion has been changed. Joyce Arthur, executive director of the Abortion Rights Coalition
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
Laws against abortion kill woman. Even though abortion may be illegal, that does not mean woman will not go thr...
When looking at the development of abortion policy, it is clear that it has always been a subject of controversy. Campaigns for the legalisation of...
The child could have a serious disorder from something such as the Zika virus and that child or the mother of the child should not be emotionally put through that. I can see the points made by the Pro-live such as abortion is murder, but abortion will most likely stay legalised in most Australian states like it is currently, and it will most likely stay that way. There are variables that could affect her choice. She could be poor, the child could have a birth defect, and so on. Giving her a right to decide whether she should abort the baby it’s entirely her choice. What if the mother was raped or she got pregnant from incest. Would you traumatise this mother with the child of the rapist for 9 months, and would you allow an inbred child that will most likely have a disability and be put through literal
In 1973, the supreme court passed a law called “Roe v. Wade case”. The law was passed to, “allow abortion on demand in the first trimester of a pregnancy.” (Robert H. lauer) The law has been under scrutiny by opponents of
The Georgia statutes, in contrast, have a modern cast and are a legislative product that, to an extent at least, obviously reflects the influences of recent attitudinal change, of advancing medical knowledge and techniques, and of new thinking about an old issue.We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigourous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion....The Texas statutes that concern us here are Arts. 1191-1194 and 1196 of the State's Penal Code. These make it a crime to "procure an abortion," as therein defined, or to attempt one, except with respect to "an abortion procured or attempted by medical advice for the purpose of saving the life of the mother." Similar statutes are in existence in a majority of the States.Texas first enacted a criminal abortion statute in 1854.
The birth of a child is usually a wonderful and priceless occasion. However, on June 5, 2015, an eleven-year-old girl gave birth to a newborn girl. Approximately a year before she gave birth, her 40-year-old father repeatedly sexually assaulted her. In this case, the unprepared eleven-year-old child decided to have the baby. This is a prime example that illustrates that the right to abortion should always be vested in the woman.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
Abortion laws first developed in the 1820’s within the United States. These laws were forbidding abortion after the fourth month of pregnancy (2). By the 1900’s, the American Medical Association and legislators outlawed the act of abortions and by 1965 abortion was banned in all 50 states(3). In 1973, the permissibility of “abortion” was innate with the proceedings of Texas’s “Roe v. Wade”. [410 U.S. 113 (1973)] which was the most consequential legal juncture on abortion.
Population control comes in many forms: cancer, famine, A.I.D.S, genocide, war and natural disasters, but never has one been so celebrated and socially accepted before abortion. Abortion has been practiced for hundreds of years and medical technology has advanced accordingly; providing a safer and much more sanitary procedure for the women receiving the operation, but the result remains the same for the defenseless child. Abortion continues to be one of the most debated and country dividing topics this nation has seen. In the recent past, there has been steady movement towards the governmental restrictions of abortion. The Partial-Birth Abortion Ban Act of 2003 was one of the greatest victories in congress related to this topic. The ban restricts a certain form of abortion (partial-birth abortion) past 24 weeks from conception (United States Congress). Even though this is a positive step in the right and moral direction, the act needs to be revised. It needs to have the allotted time reduced from 24 weeks to 20 weeks based upon new medical research that fetuses can “feel pain” prior to 24 weeks. Abortion will never become completely illegal (that is just harsh reality), but the restrictions that govern abortions can be fine tuned to incorporate a smaller and more humane window for abortions.
To be raped is to be sexually assaulted forcefully and unwillingly. According to the Uniform Crime reports, of all serious offenses, rape is probably “the most under reported crime.” Victims of rape are not only violated physically, they are violated mentally as well. It is a very traumatic experience that woman have to deal with for the remainder of their life. They usually incur symptoms of post-traumatic stress syndrome, stress disorders, fear, constant memories of the attack, a loss of confidence, and shame. (Mary E. Williams) These effects alter the victim’s life severely and can interfere with their day to day life and relationships. Being raped is a horrific crime that no woman should ever have to endure. In many cases victims of rape may become impregnated by the perpetrator leaving the victim to another form of violation. According to the Alan Guttmacher Institute, at least 9,100 abortions each year are attributed to pregnancies that occur because of forced sexual intercourse. (Irin Carmon)