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Abortion ruling challenged

The Court of Appeal will today consider the correct interpretation of abortion law.In 2008, High Court judge Forrest Miller found reason to doubt the lawfulness of many abortions performed under the current law.He referred to the government-appointed Abor

Nina Fowler
Tue, 05 Oct 2010

The Court of Appeal will today consider the correct interpretation of abortion law.

In 2008, High Court judge Forrest Miller found reason to doubt the lawfulness of many abortions performed under the current law.

He referred to the government-appointed Abortion Supervisory Committee as “put on notice of apparent non-compliance” with its supervisory responsibilities.

The current law legalises abortion, provided that two certifying consultants find that the pregnancy poses a risk to the mother’s physical or mental health.

Recent statistics show that close to 99% of abortions are authorised.

Both the committee and anti-abortion group Right to Life have appealed Justice Miller’s ruling – but on very different grounds.

The Abortion Supervisory Committee will argue that the committee has no statutory requirement to review certifying consultants’ decisions.

Right to Life is expected to argue against Justice Miller’s ruling that it is up to Parliament to oversee the Abortion Supervisory Committee’s activities.

The group will also challenge his rulings that foetuses do not have full human rights and that abortion counselling should not be independent of abortion providers.

Court of Appeal judges Robert Chambers, Terence Arnold and Lynton Stevens will consider the case over the next two days.

Nina Fowler
Tue, 05 Oct 2010
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Abortion ruling challenged
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