Abortion: Common, Safe, Yet Criminally Prohibited in Australia - Essay Sample

Introduction

Abortion is common, safe and the only medical procedure that is criminalized in Australia due to some archaic and flawed legislation that was adopted from Victorian England. It has been the subject of criminal law in various states in Australia other than the Australian Capital Territory. Various states and territories have established legislation that prohibits unlawful abortion. States such as Queensland, South Australia, Victoria, Tasmania, Western Australia, and the Northern Territory have established legislation that provides a statutory explanation of when abortion is deemed unlawful. Therefore, while there exist various debates on the legality of the procedure, in Australia it depends on where one lives, and so does the costs and availability of the procedure. This is the case because the abortion laws are not made by the federal government but by the state and territory governments. A study by "ABC health and wellbeing" shows that approximately a quarter to third Australian women would opt to terminate a pregnancy at some point in their lives (Willis, 2018). Moreover, the majority of Australians support laws that allow women to access or procure safe and legal abortions. They, however, still face significant opposition to the vice from various parts of the community and groups such as the "Right to Life Australia" who believe that abortion violates the right to life of a pre-born child. I therefore, stand in support of the legalization of abortion because of the following factors: reproductive choice empowers women by providing them with control over their own bodies; access to a legal and professionally-performed abortion reduces the chances of maternal injury and death that would be associated with unsafe illegal abortions, and the modern abortion procedures are safe and do not cause lasting health issues such as cancer and infertility.

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First of all, the legalization of abortion would empower women by giving them a reproductive choice. This would enable them to have control over their own bodies. The decision on whether and when to have children is dependent on a lady's independence and ability to foresee her future. In this case, the ability of a woman to participate equally in the social and economic life of a nation is highly facilitated by their ability to control the reproductive lives. A paper published in the Australian and New Zealand Journal of Obstetrics and Gynecology by Dr. McGee and his co-authors Dr. Sally Sheldon and Dr. Melanie Jansen explains why the impasse on whether abortion should be legalized or not means that morality should be opted out of the equation ("The Queensland University of Technology", 2018). In this case, the law-makers should recognize that pregnancy is a risk for any woman and they should, therefore, have the legal right to reject the risk. A woman should not be compelled to take these risks due to laws that prohibit abortion when there exists no conclusive argument against the morality of abortion.

Secondly, accessibility to a legal and professionally-performed abortion reduces maternal injury and even death that results from unsafe and illegal abortions. We have to admit that making abortion illegal does not mean that the vice would ultimately come to an end. This is due to the fact that women get pregnant via various circumstances beyond their control. Some women are raped and become pregnant hence the problem is that they were raped and not that they are pregnant; some are starving and become pregnant so the problem is that they are starving and not that they are pregnant; others are in abusive relationships and later become pregnant so the problem is not that they are pregnant but their abusive relationships. Legalizing abortion would, therefore, enable them to forget the emotional trauma and injuries that they went through, other than living with the consequences throughout their lives, inform of children. According to the World Health Organization, approximately 68,000 maternal deaths are recorded annually due to unsafe abortions. Most of those deaths are prevalent in developing countries and those countries where safe and legal abortion services are cumbersome to access, in this case, Australia with the continual illegalization of abortion among the various states ("ProCon.Org," 2018). To reduce such incidences, abortion should be legalized to enable women to procure and access the procedures easily while enabling the doctors to offer the service while at ease for efficiency.

Thirdly, the modern procedures for abortion are safe and do not cause lasting health problems such as infertility or cancer to the patient. Studies in Obstetrics and Gynecology indicate that less than a quarter of one percent of abortions result in major health complications. Moreover, a woman's risk of dying as a result of abortion is 0.6 in 100,000 compared to the risk of dying from giving birth which stands at 8.8 per 100,000 (around 14 times higher than abortion) ("ProCon.Org," 2018). According to the American College of Obstetricians and Gynecologists, abortion is one of the safest medical procedures performed in the United States ("ProCon.Org," 2018). This can also be the case in Australia, with the current technological advancements in the medical field. Other risks associated with child delivery include induced labor, cesarean section, and spinal and epidural anesthetic would endanger the woman's life, thereby making abortion less risky.

While there may be more arguments in favor of abortion, some counter-arguments also exist in favor of criminalization of abortion. The supporters of abortion prohibition laws argue that the unborn child is still human and deserves the right to life. Mr. Granados, a Mexican congressional representative from the state of Puebla argues that "a fetus is a person at just 10 weeks."(LIorente, 2019) They believe that the fetus experiences pain during the process and women should accept the responsibility that comes along with producing a child. People should take charge of their actions and accept the consequences. The unborn baby should not be punished for a mistake caused by adults. They view abortion as murder as it involves the killing of innocent unborn humans.

Conclusion

To conclude, abortion should be legalized in Australia as it provides more benefits to the affected female gender, i.e., it would provide women with reproductive choices that would enable them to control their own bodies; it would enable them to access legal and professionally-performed abortions that would help to reduce maternal injury and death that would have resulted from unsafe and illegal abortions and would help to procure safe procedures that would not result in lasting health issues such as infertility and cancer. While the counter argument makes some sense on a humanistic perspective, it focuses more on the effects of abortion on the fetus other than the impact childbearing would have on the mother. However, a review by the British Royal College of Obstetricians and Gynecologists says that the cortex, which is vital for pain perception becomes functional at least after the 26th week of fetal development, which is long after abortions are already performed. Moreover, personhood begins after a fetus becomes viable, i.e., able to survive outside the womb. All these assertions lower the credibility of the rebuttal.

References

LIorente, E. (2019). Politician's sick 'spreading legs' comment. Heraldsun.com.au. Retrieved from https://www.heraldsun.com.au/business/work/womens-groups-slam-mexican-politicians-sexist-comments/news-story/03c6aa3718ac6c309b3b35e0c545dbb4

"ProCOn.org", (2019). Abortion - Pros & Cons - ProCon.org. Abortion - ProCon.org. Retrieved from https://abortion.procon.org/

"Queensland University of Technology," (2018). Women should have right to reject pregnancy, experts say: Laws should not force women to risk death and injury by having a baby, according to a legal academic in Australia who has said abortion can be decriminalized without society and governments making a moral judgment. ScienceDaily. Retrieved from https://www.sciencedaily.com/releases/2018/05/180503101638.htm

Willis, O. (2018). Is abortion legal in Australia? It's complicated. ABC News. Retrieved from https://www.abc.net.au/news/health/2018-05-26/is-abortion-legal-in-australia/9795188