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1. International Covenant on CivilInternational Covenant on Civil
and Political Rights (ICCPR)and Political Rights (ICCPR)
Article 18Article 18
1.1. Everyone shall have the right to freedom of thought,Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedomconscience and religion. This right shall include freedom
to have or to adopt a religion or belief of his choice, andto have or to adopt a religion or belief of his choice, and
freedom, either individually or in community with othersfreedom, either individually or in community with others
and in public or private, to manifest his religion or beliefand in public or private, to manifest his religion or belief
in worship, observance, practice and teaching.in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair2. No one shall be subject to coercion which would impair
his freedom to have or to adopt a religion or belief of hishis freedom to have or to adopt a religion or belief of his
choice.choice.
3. Freedom to manifest one's religion or beliefs may be3. Freedom to manifest one's religion or beliefs may be
subject only to such limitations as are prescribed by lawsubject only to such limitations as are prescribed by law
and are necessary to protect public safety, order, health,and are necessary to protect public safety, order, health,
or morals or the fundamental rights and freedoms ofor morals or the fundamental rights and freedoms of
others.others.

2. International Covenant on Civil andInternational Covenant on Civil and
Political Rights (ICCPR)Political Rights (ICCPR)
Article 4Article 4
1 . In time of public emergency which threatens the life of the1 . In time of public emergency which threatens the life of the
nation and the existence of which is officially proclaimed, thenation and the existence of which is officially proclaimed, the
States Parties to the present Covenant may take measuresStates Parties to the present Covenant may take measures
derogating from their obligations under the present Covenantderogating from their obligations under the present Covenant
to the extent strictly required by the exigencies of theto the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistentsituation, provided that such measures are not inconsistent
with their other obligations under international law and do notwith their other obligations under international law and do not
involve discrimination solely on the ground of race, colour,involve discrimination solely on the ground of race, colour,
sex, language, religion or social origin.sex, language, religion or social origin.
2.2. No derogationNo derogation from articles 6, 7, 8 (paragraphs I and 2), 11,from articles 6, 7, 8 (paragraphs I and 2), 11,
15, 16 and15, 16 and 1818 may be made under this provision.may be made under this provision.

3. Charter of Human Rights andCharter of Human Rights and
Responsibilities Act 2006Responsibilities Act 2006
Section 14Section 14
(1) Every person has the right to freedom of thought, conscience, religion and belief,(1) Every person has the right to freedom of thought, conscience, religion and belief,
including—including—
(a) the freedom to have or to adopt a religion or belief of his or(a) the freedom to have or to adopt a religion or belief of his or
her choice; andher choice; and
(b) the freedom to demonstrate his or her religion or belief in(b) the freedom to demonstrate his or her religion or belief in
worship, observance, practice and teaching, eitherworship, observance, practice and teaching, either
individually or as part of a community, in public or inindividually or as part of a community, in public or in
private.private.
(2) A person must not be coerced or restrained in a way that limits his or her freedom(2) A person must not be coerced or restrained in a way that limits his or her freedom
to have or adopt a religion or belief in worship, observance, practice or teaching.to have or adopt a religion or belief in worship, observance, practice or teaching.

4. Charter of Human Rights andCharter of Human Rights and
Responsibilities Act 2006Responsibilities Act 2006
Section 7(2)Section 7(2)
A human right may be subject under law only toA human right may be subject under law only to such reasonable limitssuch reasonable limits
as can be demonstrably justified in a free and democraticas can be demonstrably justified in a free and democratic
societysociety based on human dignity, equality and freedom, and taking intobased on human dignity, equality and freedom, and taking into
account all relevant factors including—account all relevant factors including—
(a) the nature of the right; and(a) the nature of the right; and
(b) the importance of the purpose of the limitation; and(b) the importance of the purpose of the limitation; and
(c) the nature and extent of the limitation; and(c) the nature and extent of the limitation; and
(d) the relationship between the limitation and its purpose; and(d) the relationship between the limitation and its purpose; and
(e)(e) any less restrictive means reasonably available toany less restrictive means reasonably available to
achieve the purpose that the limitation seeks to achieve.achieve the purpose that the limitation seeks to achieve.

5. cl. 8(1) Abortion Law Reform Billcl. 8(1) Abortion Law Reform Bill
Obligations of registered health practitioner who hasObligations of registered health practitioner who has
conscientious objectionconscientious objection
If a woman requests a registered health practitioner to adviseIf a woman requests a registered health practitioner to advise
on a proposed abortion, or to perform, direct, authorise oron a proposed abortion, or to perform, direct, authorise or
supervise an abortion for that woman, and the practitioner hassupervise an abortion for that woman, and the practitioner has
a conscientious objection to abortion, the practitioner must—a conscientious objection to abortion, the practitioner must—
 (a)(a) inform the woman that the practitioner has ainform the woman that the practitioner has a
conscientious objection to abortion; andconscientious objection to abortion; and
 (b)(b) refer the woman to another registered healthrefer the woman to another registered health
practitioner in the same regulated health professionpractitioner in the same regulated health profession who thewho the
practitioner knows does not have a conscientious objection topractitioner knows does not have a conscientious objection to
abortion.abortion.

6. cl. 8(3) Abortion Law Reform Billcl. 8(3) Abortion Law Reform Bill
Despite any conscientious objection toDespite any conscientious objection to
abortion, a registered medical practitioner isabortion, a registered medical practitioner is
under a duty to perform an abortion in anunder a duty to perform an abortion in an
emergency where the abortion is necessary toemergency where the abortion is necessary to
preserve the life of the pregnant woman.preserve the life of the pregnant woman.

7. cl. 8(4) Abortion Law Reform Billcl. 8(4) Abortion Law Reform Bill
Despite any conscientious objection toDespite any conscientious objection to
abortion, a registered nurse is under a duty toabortion, a registered nurse is under a duty to
assist a registered medical practitioner inassist a registered medical practitioner in
performing an abortion in an emergency whereperforming an abortion in an emergency where
the abortion is necessary to preserve the life ofthe abortion is necessary to preserve the life of
the pregnant woman.the pregnant woman.

8. Re Cl 8 (3)Re Cl 8 (3)
A Catholic doctor acting in good conscience toA Catholic doctor acting in good conscience to
save the life of a woman and actingsave the life of a woman and acting
professionally with the requisite specialistprofessionally with the requisite specialist
skills and certification could reach a decisionskills and certification could reach a decision
with the mother to remove a foetus or childwith the mother to remove a foetus or child inin
uteroutero if the failure to remove the foetus orif the failure to remove the foetus or
child would necessarily result in the woman’schild would necessarily result in the woman’s
death. The Victorian bill changes nothing indeath. The Victorian bill changes nothing in
that regard.that regard.

9. Re cl. 8(3)Re cl. 8(3)
Insofar as the Victorian bill imposes a dutyInsofar as the Victorian bill imposes a duty
beyond that, it violates the professionalbeyond that, it violates the professional
relationship between doctor and patient.relationship between doctor and patient.

10. Re Cl 8 (3)Re Cl 8 (3)
Doctors in Conscience against Abortion BillDoctors in Conscience against Abortion Bill
state:state:
““The concept of an ‘emergency abortion is aThe concept of an ‘emergency abortion is a
clinical fiction. Almost always theclinical fiction. Almost always the
management of complicated and life-management of complicated and life-
threatening pregnancies need not necessitatethreatening pregnancies need not necessitate
an abortion.”an abortion.”

11. Re cl 8(4)Re cl 8(4)
Ministerial Advice to the ANFMinisterial Advice to the ANF
““Nurses who are employed, for example, in operating theatres in hospitals will notNurses who are employed, for example, in operating theatres in hospitals will not
have a direct relationship with the woman in question, therefore the conscientioushave a direct relationship with the woman in question, therefore the conscientious
objection clause will not apply. If they do not wish to be involved with abortionobjection clause will not apply. If they do not wish to be involved with abortion
procedures, they should inform their employer of this, but they will not be coveredprocedures, they should inform their employer of this, but they will not be covered
by clause 8.by clause 8.
“State equal opportunity legislation already protects such nurses from“State equal opportunity legislation already protects such nurses from
discrimination where they hold a conscientious objection based on religious belief.discrimination where they hold a conscientious objection based on religious belief.
As a consequence, employers are already legally obliged to respect such beliefs, soAs a consequence, employers are already legally obliged to respect such beliefs, so
there is no need for this Bill to make express provision to protect the employmentthere is no need for this Bill to make express provision to protect the employment
status of those with a conscientious objection.”status of those with a conscientious objection.”
So why have cl 8(4)?So why have cl 8(4)?

12. s. 48 Charters. 48 Charter
Nothing in this Charter affects anyNothing in this Charter affects any
law applicable to abortion or childlaw applicable to abortion or child
destruction, whether before or afterdestruction, whether before or after
the commencement of Part 2.the commencement of Part 2.

13. s. 7(3) Charters. 7(3) Charter
Nothing in this Charter gives aNothing in this Charter gives a
person, entity or public authority aperson, entity or public authority a
right to limit (to a greater extent thanright to limit (to a greater extent than
is provided for in this Charter) oris provided for in this Charter) or
destroy the human rights of anydestroy the human rights of any
person.person.

14. Claims by Liberty VictoriaClaims by Liberty Victoria
““TheThe Abortion Law Reform BillAbortion Law Reform Bill should be passedshould be passed
without amendment.”without amendment.”
The conscientious objection clause is “consistent withThe conscientious objection clause is “consistent with
the Australian Medical Association's code of ethics”.the Australian Medical Association's code of ethics”.
““To claim theTo claim the Abortion Law Reform BillAbortion Law Reform Bill breaks newbreaks new
ground or imposes unprecedented obligations onground or imposes unprecedented obligations on
hospitals or medical staff is wrong and misleading.hospitals or medical staff is wrong and misleading.
The bill does not do so.”The bill does not do so.”

15. AMA Code of EthicsAMA Code of Ethics
[W]hen a personal moral judgement or religious belief alone prevents you[W]hen a personal moral judgement or religious belief alone prevents you
from recommending some form of therapy, inform your patientfrom recommending some form of therapy, inform your patient so that theyso that they
may seek care elsewheremay seek care elsewhere ……
Recognise that you may decline to enter into a therapeutic relationshipRecognise that you may decline to enter into a therapeutic relationship
where an alternative health care provider is available, and the situation iswhere an alternative health care provider is available, and the situation is
not an emergency one.not an emergency one.
Recognise that you may decline to continue a therapeutic relationship.Recognise that you may decline to continue a therapeutic relationship.
Under such circumstances, you can discontinue the relationship only if anUnder such circumstances, you can discontinue the relationship only if an
alternative health care provider is available and the situation is not analternative health care provider is available and the situation is not an
emergency one. You must inform youremergency one. You must inform your
patientpatient so that they may seek care elsewhereso that they may seek care elsewhere

16. The Position of the AMAThe Position of the AMA
Doctors are “not currently forced to provide a service they believe to beDoctors are “not currently forced to provide a service they believe to be
unethical or immoral”.unethical or immoral”.
““The existing common law and existing codes of conduct require that aThe existing common law and existing codes of conduct require that a
doctor with a conscientious objection to a particular service inform thedoctor with a conscientious objection to a particular service inform the
patient of that conscientious objection and … ensure that the service ispatient of that conscientious objection and … ensure that the service is
available elsewhere”.available elsewhere”.
The proposed legislation goes beyond this: it “infringes the rights ofThe proposed legislation goes beyond this: it “infringes the rights of
doctors with a conscientious objection bydoctors with a conscientious objection by inserting an active compulsioninserting an active compulsion
for a doctor to refer to another doctor who they know does not have afor a doctor to refer to another doctor who they know does not have a
conscientious objection. Respect for a conscientious objection is aconscientious objection. Respect for a conscientious objection is a
fundamental principle in our democratic country, and doctors expect thatfundamental principle in our democratic country, and doctors expect that
their rights in this regard will be respected, as for any other citizen”.their rights in this regard will be respected, as for any other citizen”.

17. Does Cl 8 limit the right to freedom of thought,Does Cl 8 limit the right to freedom of thought,
conscience and belief? YESconscience and belief? YES
Is there a less restrictive means reasonably available toIs there a less restrictive means reasonably available to
achieve the purpose that the limitation seeks toachieve the purpose that the limitation seeks to
achieve? YES – the AMA Code of Ethicsachieve? YES – the AMA Code of Ethics
Does cl 8 limit the right only to such limits as can beDoes cl 8 limit the right only to such limits as can be
demonstrably justified in a free and democraticdemonstrably justified in a free and democratic
society? NOsociety? NO
Is cl 8(1) b workable? NOIs cl 8(1) b workable? NO
Does cl 8(3) change any existing obligation on aDoes cl 8(3) change any existing obligation on a
doctor? Unlikely, as not both EMERGENCY anddoctor? Unlikely, as not both EMERGENCY and
NECESSARYNECESSARY
Does cl 8(4) change any existing obligation on a nurse?Does cl 8(4) change any existing obligation on a nurse?
I would say YES but the government says NOI would say YES but the government says NO
So why have cl. 8???So why have cl. 8???

18. What should the Legislative CouncilWhat should the Legislative Council
do?do?
 OMIT Clause 8OMIT Clause 8
 If it fails to do so, it will be for the SupremeIf it fails to do so, it will be for the Supreme
Court to interpret cl.8 in the light of theCourt to interpret cl.8 in the light of the
Charter, thereby making a declaration ofCharter, thereby making a declaration of
inconsistent interpretation.inconsistent interpretation.

19. What should Liberty Victoria andWhat should Liberty Victoria and
other civil libertarians do?other civil libertarians do?
 They should insist that the Legislative CouncilThey should insist that the Legislative Council
take into account the Victorian Charter whentake into account the Victorian Charter when
debating the Abortion bill.debating the Abortion bill.
 They should abandon their call for passage ofThey should abandon their call for passage of
the bill without amendmentthe bill without amendment
 They should correct false claims that cl.8They should correct false claims that cl.8
merely legislates the AMA Code of Ethicsmerely legislates the AMA Code of Ethics