Contraception, Sterilisation, and Abortion Act 1977 | |
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New Zealand Parliament | |
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Royal assent | 16 December 1977 [1] |
Legislative history | |
Passed | 1977 [1] |
Amended by | |
Status: Current legislation |
Contraception, Sterilisation, and Abortion Act 1977, also known as the CS&A Act 1977, is an Act of Parliament in New Zealand. It was passed shortly following an inquiry by the Royal Commission on Contraception, Sterilisation and Abortion. The legislation established the legal framework for abortion in New Zealand; with abortions being allowed provided the procedure was approved by two certifying consultants and that the circumstances met the criteria of the Crimes Act 1961. [2] In March 2020, several of its provisions were amended by the Abortion Legislation Act 2020, which eased access to abortion and eliminated most of the criteria established by the Crimes Act 1961. [3]
The Contraception, Sterilisation and Abortion Act 1977 regulated the supply of contraceptives to young people, the conditions that sterilisations could be undertaken, and the circumstances under which abortions could be authorised. The legislation decriminalised abortions for pregnancies of less than 20 weeks on the condition that it was authorised by two certifying consultants and that it met the following criteria under Sections 182–187A of the Crimes Act 1961 and two amendments passed in December 1977 and July 1978:
Other factors which may be taken into account were:
After 20 weeks gestation, the grounds for abortion were:
The CS&A Act also established an Abortion Supervisory Committee for regulating and licensing certifying consultants. It also made it illegal for health employers to deny employment to medical practitioners on the basis of their conscientious objection to abortion. [1]
The Abortion Legislation Act 2020 replaces Sections 10 to 46 of the CS&A Act 1977 with Sections 10–14 and Sections 19–21. While Sections 15 to 17 created safe areas around abortion service providers, these clauses were eliminated from the final version of the law. The amended bill also abolishes the Abortion Supervisory Committee and delegates its former responsibilities to the Minister of Health and the Director-General of Health. The amended clauses are:
The Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022 inserts Sections 13A to 13C which:
In response to growing calls for the decriminalisation of abortion in New Zealand during the 1960s and 1970s, the New Zealand Parliament established a Royal Commission on Contraception, Sterilisation and Abortion in 1975 to consider abortion and these other issues. Based on the Royal Commission's recommendations, Parliament passed the Contraception, Sterilisation, and Abortion Act 1977, on a 40–26 vote.
Party | Voted for | Voted against | Absent | |
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National (55) | 28
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Labour (32) | ||||
Totals | 40 | 26 | 20 |
The Act established the regulatory framework for abortion. Women seeking abortion had to see their doctor and two medical consultants, who would assess the mental and physical grounds for carrying out an abortion under the criteria of the Crimes Act 1961. A surgeon would be needed to perform an abortion and counselling was also made available to women seeking an abortion. The CS&A Act also established an Abortion Supervisory Committee to regulate the consultation process and required district health boards to fund abortion services. [10]
Feminists and abortion-rights groups considered the CS&A Act's legal framework too strict, leading the Third National Government to amend the Crime Act. Subsequent amendments to the Crimes Act 1961 in 1977 and 1978 permitted abortion within 20 weeks on mental and physical health grounds; abortion after 20 weeks for the purpose of saving the mother's life, physical, and mental health; foetal abnormality within the first 20 weeks; and incest. In 1986, the Fourth Labour Government amended the Crimes Act to account for the extremes of age and sexual violation as mitigating grounds for abortion. [11] [5]
Over the next three decades, politicians and abortion-rights groups lobbied for amending the CS&A Act to ease the criteria for abortions. In late March 2020, the Sixth Labour Government passed the Abortion Legislation Act 2020, which replaced Sections 10 to 46 of the CS&A Act with new clauses allowing women to seek abortion in the first 20 weeks of pregnancy; and only requiring consultations with two health practitioners after 20 weeks. [12]
In March 2021, the Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022 was introduced into Parliament. It proposed the creation of safe areas around abortion providers where certain "prohibited behaviour" would be banned. The Bill passed its first reading on 10 March (by a margin of 100 to 15) and proceeded to select committee stage. [13] [14] The Bill passed its third reading on 16 March 2022, becoming law on 18 March 2022. [8] [13]
Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom. Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."
Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.
Abortion in New Zealand is available within the framework of the Abortion Legislation Act 2020, which entirely eliminated the criminal status of abortion and allows termination on request during the first 20 weeks of pregnancy. After 20 weeks abortion is permitted only if a health practitioner deems it "clinically appropriate" and consults at least one other health practitioner. However, the law does not specify what the conditions are which constitute "clinically appropriate", and there are no criminal penalties. Abortion is illegal only if a person who is not a licensed health practitioner procures or performs it.
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.
Abortion in Australia is legal nationwide. There are no federal abortion laws, and full decriminalisation of the practice has been enacted in all jurisdictions. Access to abortion varies between the states and territories: surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.
Foetal impairment(s) are grounds for an abortion in New Zealand.
Voice for Life, formerly known as the Society for the Protection of the Unborn Child (SPUC), is a New Zealand anti-abortion advocacy group. It has also lobbied against infanticide, embryonic stem cell research, cloning and euthanasia. In recent years, it has strongly campaigned against the decriminalisation of euthanasia in New Zealand as well as abortion, but was unsuccessful in preventing the decriminalisation of either in 2020.
The timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms, as well as other formal changes (e.g. reforms through new interpretations of laws by precedents). The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism; for that, see Timeline of feminism.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Abortion has been legal in India under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
Abortion in Namibia is restricted under the Abortion and Sterilisation Act of South Africa (1975), which Namibia inherited at the time of Independence from South Africa in March 1990. The act only allows for the termination of a pregnancy in cases of serious threat to the maternal or fetal health or when the pregnancy is a result of rape or incest. This law has not been updated since, and attempts to liberalise it have been met with fierce opposition from religious and women's groups.
The Abortion Law Reform Act 2008 is an abortion law reform passed by the Victorian Parliament in the Australian state of Victoria in 2008. The reform bill sought to amend section 65 of the Victorian Crimes Act 1958, which had codified the common law offences relating to abortion. The reform also repealed section 10 of the Crimes Act dealing with a separate offence of child destruction.
The Choice on Termination of Pregnancy Act, 1996 is the law governing abortion in South Africa. It allows abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week, and only for serious medical reasons after the twentieth week. The Act has been described by the Guttmacher Institute as "one of the most liberal abortion laws in the world".
Anahila Lose Kanongata'a is a New Zealand politician. She served as a Member of Parliament for the Labour Party from 2017 to 2023.
Sisters Overseas Service (SOS) was a New Zealand organisation that helped women travel to Australia to obtain abortions in the 1970s and early 1980s. It was founded in response to the restrictions imposed by the Contraception, Sterlisation, and Abortion Act 1977. SOS arranged for women from all parts of New Zealand to travel to Australian abortion clinics as well as helping to fund women's travel. By 1979 the law was interpreted more liberally reducing the need for the services of SOS.
The Abortion Legislation Act 2020 is an Act of Parliament in New Zealand allowing unrestricted access to abortion within the first 20 weeks of pregnancy, and repealing sections of the Crimes Act 1961 related to unlawful abortion. After the 20-week period, women seeking an abortion must consult a qualified health practitioner who will assess their physical health, mental health, and well-being. The Act also provides provisions for conscientious objection rights for medical practitioners and exempts abortion services from certain Crimes Act provisions, while extending the definition of health services to include abortion services under the Health and Disability Commissioner Act 1994.
The Abortion Law Reform Act 2019, introduced as the Reproductive Health Care Reform Bill 2019 in the New South Wales Legislative Assembly, is an Act of the Parliament of New South Wales which removed abortion from the Crimes Act 1900, allows abortions for up to 22 weeks, and permits an abortion after 22 weeks if two medical practitioners agree. The Act received Royal assent on 2 October 2019 and commenced with immediate effect. With the commencement of the Act, New South Wales became the last state or territory in Australia to decriminalise abortion.
Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.
The Contraception, Sterilisation, and Abortion Amendment Act 2022 is an Act of Parliament in New Zealand that will provide a regulation-making power to set up safe areas around specific abortion facilities on a case-by-case basis. The Bill passed its third reading on 16 March 2022 and received royal assent on 18 March.
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