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Understanding Legal Barriers to Abortion Access During the COVID-19 Pandemic: Australian Pregnant People's
Jennifer Schulz1, Christine Forster2
1Faculty of Law and Justice and Faculty of Medicine, University of New South Wales, Australia and Adjunct A/Professor, Faculty of Health and Environmental Sciences AUT, Aotearoa New Zealand.
Abstract:
The Australian regulatory framework for abortion shifted recently from criminalisation to a health model. Decriminalisation is only one step towards the realisation of full reproductive rights for pregnant people. Numerous barriers persist. Legal barriers include inconsistent abortion laws, medical oversight, variable gestational cut-offs, and conscientious objection provisions. Non-legal hurdles (such as financial and geographical barriers) also persist despite the reforms. These barriers were amplified during the COVID-19 pandemic. This article uses empirical data to illustrate the barriers to abortion access faced by Australian pregnant people during the pandemic. The data illustrate the need for further abortion law reform in Australia that fully realises reproductive rights for pregnant people. We argue that pregnant people's experiences of abortion services during COVID-19 demonstrate that a non-restrictive regulatory approach to abortion law (combined with affordable, accessible and safe abortion services) is essential to provide equal access to abortion to all pregnant people in Australia.
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