In my distress at the draconian draft Tasmanian Abortion legislation, I cannot help but come back to basic statements of our wider communities’ commitments to humanity in all its seasons.

There are clear statements of commitment from non-religious and religious people. I am familiar with Christian commitments and widely held non-religious commitments.

Yet, the Tasmanian Government’s draft legislation and Information Paper appear ignorant of non-religious secular philosophical frameworks which recognise the value and humanity of the unborn child.

The UN Declaration of the Rights of the Child, for instance, states in its preamble:

Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and  care, including appropriate legal protection, before as well as after birth….[i]

It is telling that the Bill removes Section 165 of the Criminal Code, which currently is a sanction against “causing the death of a child before birth.”  It thus eliminates from Tasmanian law any concept of legal protections for an unborn child, even in situations irrelevant to termination, such as acts of negligence or assault that result in prenatal death.  This is at odds with the international standard.

Similarly the Convention on the Elimination of All Forms of Discrimination against Women does not insist on unrestricted access to terminations.  Rather it emphasises the equality of men and women and the ability of women to exercise responsibility.  In relation to pregnancy the emphasis is on the provision of adequate antenatal and postnatal care.

To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.[ii]

In terms of family planning, the Convention is rightly concerned to eliminate any form of coercion over a woman’s reproductive choices.  There is no implication that termination services are necessary to achieve this, although the provision of information, contraception and the elimination of male domination in relationships are necessary. The latter need is clearly affirmed:

…On a basis of equality of men and women… the same rights in matters relating to their children; in all cases the interests of the children shall be paramount;… the same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights[iii]

The views of those of us who disagree with the proposed changes to the draconian draft abortion/termination (sic)  law in Tasmania are entirely commensurate with the expectations of the local community, and with international standards.