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

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