All Newborns Deserve ‘Best-Practice’ Medical Care.
Abortion has been legal in Queensland from conception to full-term since the Termination of Pregnancy Act 2018 came into effect on December 3rd, 2018. However, unlike similar laws in South Australia and New South Wales, the Queensland Termination of Pregnancy Act is silent on what happens when a child is born alive as a result of a termination of pregnancy procedure.
On 20 March 2024, Robbie Katter MP, Member for Traeger, introduced the Termination of Pregnancy (Live Births) Amendment Bill 2024 into the Queensland Parliament and referred it to the Health, Environment and Agriculture Committee for examination. The committee is required to report on its examination of the Bill by 20 September 2024.
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The Bill seeks to codify recent changes in clinical guidelines adopted by Queensland Health, which now recognise the need for comprehensive care for babies born alive following termination procedures. These updated guidelines underscore the importance of providing appropriate medical care and attention to all newborns in line with New South Wales and South Australian legislation and in accordance with international human rights standards.
The Bill seeks to clarify the legal and ethical obligations surrounding the medical care of babies born alive during termination procedures. The Bill carries significant weight from a human rights perspective.
Article 6 of the Universal Declaration of Human Rights asserts the inherent right to life and states that “everyone has the right to life, liberty, and security of person.” Similarly, Article 24 of the Convention on the Rights of the Child recognises the right of every child to the highest attainable standard of health and calls for the provision of necessary medical care and attention to newborns.
International Covenant on Economic, Social, and Cultural Rights, in Article 12, emphasises the right of everyone to enjoy the highest attainable standard of physical and mental health. This includes the provision of medical care and necessary social services to ensure the well-being of individuals, including newborns born as a result of termination procedures.
