Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia

Article

Braun, Kerstin and Butcher, Sarah. 2024. "Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia." Journal of Law and Medicine. 31 (2), pp. 370-385.

Article Title	Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia
ERA Journal ID	33514
Article Category	Article
Authors	Braun, Kerstin and Butcher, Sarah
Journal Title	Journal of Law and Medicine
Journal Citation	31 (2), pp. 370-385
Number of Pages	16
Year	2024
Publisher	Lawbook Co.
Place of Publication	Australia
ISSN	1320-159X
Web Address (URL)	https://search.informit.org/doi/10.3316/informit.T2024070200002691098681049
Abstract	Terminating a pregnancy is now lawful in all Australian jurisdictions, although on diverse bases. While abortions have not been subject to the same degree of heated debate in Australia as elsewhere, protests aimed at persuading women not to have a termination of their pregnancy have occurred outside abortion service providers in the past. Over the last decade, this has led to the introduction of laws setting out so-called safe access zones around provider premises. Anti-abortion protests are prohibited within a specific distance from abortion services and infringements attract criminal liability. As safe access zone laws prevent protesters from expressing their views in certain spaces, the question arises as to the laws’ compliance with protesters’ human rights. This article analyses this by considering the human rights compliance of the Queensland ban in light of Queensland human rights legislation. It concludes that the imposed prohibition of anti-abortion protests near abortion clinics is compatible with human rights.
Keywords	abortion; safe access zones; human rights; Queensland; privacy and reputation; freedom of expression
Contains Sensitive Content	Does not contain sensitive content
ANZSRC Field of Research 2020	480703. Domestic human rights law
	480404. Law and religion
	480407. Law, gender and sexuality (incl. feminist legal scholarship)
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	School of Law and Justice

Permalink -

https://research.usq.edu.au/item/z7y75/safe-access-zone-legislation-and-its-compliance-with-the-human-rights-of-anti-abortion-protesters-in-australia

4
total views
0
total downloads
4
views this month
0
downloads this month

Export as

Related outputs

Women Who Kill Their Abusive Intimate Partners in Non-Confrontational Circumstances - The Need for German Criminal Law Reform

Braun, Kerstin. 2024. "Women Who Kill Their Abusive Intimate Partners in Non-Confrontational Circumstances - The Need for German Criminal Law Reform." International Journal For Crime, Justice and Social Democracy. https://doi.org/10.5204/ijcjsd.3571

Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories

Braun, Kerstin. 2024. "Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories." Medical Law Review. 32 (1), pp. 42-60. https://doi.org/10.1093/medlaw/fwad030

Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment

McNamara, Noeleen and Braun, Kerstin. 2023. "Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment." Journal of the Australasian Law Teachers Association. 16, pp. 33-47.

Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK)

Braun, Kerstin. 2023. Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK).

Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law

Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.

Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation

Braun, Kerstin. 2023. "Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation." Medical Law Review. 31 (1), p. 141–157. https://doi.org/10.1093/medlaw/fwac034

When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility

Braun, Kerstin. 2022. "When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility." Australian Journal of Human Rights. 28 (1), pp. 21-39. https://doi.org/10.1080/1323238X.2022.2109821

The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria

Braun, Kerstin. 2021. "The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria." Vienna Journal on International Constitutional Law. 15 (3), pp. 291-318.

Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia

Braun, Kerstin. 2021. "Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia." Criminal Law Journal. 45 (2), pp. 81-92.

A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application

Braun, Kerstin and Bose, Martin. 2020. "A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application." Zeitschrift fuer Internationale Strafrechtsdogmatik (Review of International Criminal Law Doctrine). 15 (12), pp. 566-583.

Prospects and challenges of prosecuting foreign fighters in Australia

Braun, Kerstin. 2020. "Prospects and challenges of prosecuting foreign fighters in Australia." Kfir, Isaac and Coyne, John (ed.) ASPI counterterrorism yearbook 2020. Barton, ACT, Australia. Australian Strategic Policy Institute. pp. 39-42

Victim participation rights: variation across criminal justice systems

Braun, Kerstin. 2019. Victim participation rights: variation across criminal justice systems. Cham, Switzerland. Palgrave Macmillan.

Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC

Braun, Kerstin. 2017. "Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC." Lobba, Paolo and Mariniello, Triestino (ed.) Judicial dialogue on human rights: the practice of international criminal tribunals. Brill. pp. 282-299

‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia

Braun, Kerstin. 2018. "‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia." International Community Law Review. 20 (3-4), pp. 311-346. https://doi.org/10.1163/18719732-12341378

Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing

Braun, Kerstin. 2017. Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing. New South Wales Sentencing Council.

Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing

Kirchengast, Tyrone and Braun, Kerstin. 2017. Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing. New South Wales Sentencing Council.

Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency

Braun, Kerstin. 2017. "Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency." University of New South Wales Law Journal. 40 (4), pp. 1634-1662. https://doi.org/10.53637/YIKL5634

How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students

Braun, Kerstin. 2017. "How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students." German Law Journal. 18 (6), pp. 1331-1358.

Secularism and state neutrality: the headscarf in French and German public schools

Jones, Nicky and Braun, Kerstin. 2017. "Secularism and state neutrality: the headscarf in French and German public schools." Australian Journal of Human Rights. 23 (1), pp. 61-89. https://doi.org/10.1080/1323238X.2017.1314441

Stigma, homosexuality and the homosexual advance defence

Gray A. and Braun K.. 2017. "Stigma, homosexuality and the homosexual advance defence." Journal of Law and Medicine. 24 (4), pp. 935-958.

'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia

Braun, Kerstin. 2017. "'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia." Violence Against Women: an international and interdisciplinary journal. 23 (10), pp. 1177-1204. https://doi.org/10.1177/1077801216656832

Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?

Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.

Criminal procedure: LexisNexis questions and answers

Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.

'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany

Braun, Kerstin. 2015. "'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany." German Law Journal. 16 (4), pp. 845-870.

'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities

Braun, Kerstin. 2015. "'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities." American University International Law Review. 30 (2), pp. 315-346.