Right to Life New Zealand is a nationwide but Christchurch-based anti-abortion group. It broke away from the New Zealand Society for Protection of the Unborn Child (now Voice for Life [1] ) in 2000 following disagreements between the Christchurch branch spokesperson Ken Orr and the national leadership over lobbying tactics. [2] Besides opposing abortion, Right to Life NZ opposes euthanasia, sex education, and specific policies around LGBT issues. [3]
Right to Life originated as the Christchurch branch of the New Zealand Society for the Protection of the Unborn Child (SPUC), now known as Voice for Life. [1] In 2000, the Christchurch branch of SPUC was expelled from the national organisation due to disagreements between the executive of the Christchurch branch and the national organisation over lobbying tactics. While the Christchurch branch wanted to push for anti-abortion legislation, the national leadership wanted to wait for a strongly anti-abortion government. In September 2000, the Christchurch branch of SPUC formerly revamped itself as Right to Life New Zealand. [2]
In 2002, Right to Life won a court case known as "Nikki's Case" in which a fetus was made a ward of the court after the mother decided to allow the birth to be filmed for a pornographic movie. According to journalist Allison McCulloch, this court challenge was part of Right to Life's campaign to enshrine the right to life from conception in New Zealand law. [4]
Between 2005 and 2012, Right to Life New Zealand's leader Ken Orr pursued a court case against the Abortion Supervisory Committee, New Zealand's abortion regulator since 2005, arguing that the Committee had failed in its statutory responsibility to monitor the legality of individual certifying consultant responsibilities under the Contraception, Sterilisation and Abortion Act 1977, protect fetuses, and stop elective abortions. In 2008, Right to Life's case was upheld in part by Miller J, [5] however he refused to issue a declaration that the Committee had failed in its duty. [6] [1] [7]
On appeal, the Court of Appeal found against Right to Life on 1 June 2011. It dismissed their case against the Committee and upheld Wall v Livingston, [8] an earlier Court of Appeal case that found that there was no statutory definition of embryo or fetus under New Zealand law in the context of abortion. The Court of Appeal also ruled that there was no fetal right to life. [9] [1]
Right to Life New Zealand Inc sought leave to appeal to the Supreme Court of New Zealand. In a decision on 26 August 2011 the Supreme Court granted Right to Life New Zealand Inc leave to appeal in relation to certain issues (including regarding the powers of the Abortion Supervisory Committee), but declined leave to appeal regarding the issues of the rights of the unborn child and independent counselling for women. [10]
The appeal was heard in the Supreme Court on 13 March 2012. The Supreme Court delivered its judgment on 9 August 2012, declining Right to Life's appeal by a 3-2 majority decision and upholding the Wall v. Livingston decision. The Court ruled that the Abortion Supervisory Committee could not investigate the decision-making of certifying consultants in individual cases but also made it clear that the ASC could ask consultants how they were making their decisions in general. Orr claimed the latter ruling as a victory in holding consultants accountable for abortions that they authorised. [11] [12] Right to Life Inc applied to recall that part of the judgment which dealt with costs, but the recall application was declined by the Supreme Court on 25 October 2012. [13]
Since 2017, Right to Life New Zealand has also opposed efforts to legalise euthanasia and assisted suicide. As of 2019, the group is lobbying against ACT Party leader David Seymour's proposed End of Life Choice Bill, which passed its second reading in late June 2019. [14] [15] In addition, Right to Life also opposes contraception, In vitro fertilisation, and prenatal testing. [4]
In August 2019, Right to Life NZ urged supporters to make submissions opposing the Labour-led coalition government's proposed Abortion Legislation Act 2020, which intends to remove abortion from the Crimes Act 1961 and ease access to termination services. [16] However, it failed to achieve that objective after the third and final reading of the Abortion Legislation Act on 23 March, 2020, after which it became law. [17] Nor was Right to Life New Zealand any more successful in its concurrent campaign against the End of Life Choice Act 2019, which sought to ratify the decriminalisation of voluntary euthanasia. The End of Life Choice Act passed after a binding referendum was held alongside the New Zealand general election 2020 by a margin of 65.9% (support) compared to 34.1% (opposed). [18]
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws, and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. The decision also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication.
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.
The Supreme Court of New Zealand is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016.
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late termination of pregnancy called "partial-birth abortion", referred to in medical literature as intact dilation and extraction. Under this law, any physician "who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both". The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court in the case of Gonzales v. Carhart.
The Unborn Victims of Violence Act of 2004 is a United States law that recognizes an embryo or fetus in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb."
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.
The Eighth Amendment of the Constitution Act 1983 was an amendment to the Constitution of Ireland which inserted a subsection recognising "the equal right to life of the pregnant woman and the unborn". Abortion had been subject to criminal penalty in Ireland since at least 1861; the amendment ensured that legislation or judicial interpretation would be restricted to allowing abortion in circumstances where the life of a pregnant woman was at risk. It was approved by referendum on 7 September 1983 and signed into law on 7 October 1983. In 2018, it was repealed by referendum.
Society for the Protection of Unborn Children is an anti-abortion organisation in the United Kingdom which also opposes assisted suicide and abortifacient birth control.
The Abortion Law Reform Association of New Zealand (ALRANZ) is New Zealand's national abortion-rights advocacy group in existence since 1971. Since the decriminalisation of abortion in 2020, the organisation continues to monitor and lobby for changes to the law. The organisation is based in Wellington, publishes a quarterly newsletter, and has its own web site.
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 New Zealand Bill of Rights Act 1990 is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the attorney-general to provide a report to parliament whenever a bill is inconsistent with the bill of rights.
Americans United for Life (AUL) is an American anti-abortion law firm and advocacy group based in Washington, D.C. Founded in 1971, the group opposes abortion, euthanasia, assisted suicide, embryonic stem cell research, and certain contraceptive methods. The organization has led campaigns and been involved in judicial actions to prevent the passage and implementation of legislation that permits abortion, or may increase prevalence of abortion, including successfully defending the Hyde Amendment in the U.S. Supreme Court.
In re Article 26 and the Regulation of Information Bill 1995 [1995] 1 IR 1 was a decision of the Supreme Court of Ireland after a referral by President Mary Robinson under Article 26 of the Constitution of Ireland. This is a procedure whereby the constitutionality of a bill is considered by the Supreme Court before it is signed into law, similar to the concept of a facial challenge in the United States. If the Court finds that it is constitutional, it may not later be challenged after its enactment.
Colorado Right To Life (CRTL) is an American anti-abortion advocacy group based in the state of Colorado. CRTL believes all human beings not convicted of a capital crime have a right to life from the moment of fertilization until natural death. The organization is opposed to abortion and euthanasia, as well as any kind of birth control that functions as an abortifacient or embryonic stem cell research that causes the death of an embryo.
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).
Box v. Planned Parenthood of Indiana and Kentucky, Inc., No. 18-483, 587 U.S. ___, 139 S.Ct. 1780 (2019), was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in the landmark cases Roe v. Wade and Planned Parenthood v. Casey. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The per curiam decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.
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.
Make It 16 Incorporated v Attorney-General is a 2022 landmark decision of the Supreme Court of New Zealand in which the court held that the country's current voting age of 18 was discriminatory. The court found that the provisions in the Electoral Act 1993 and Local Electoral Act 2001 that set the voting age of 18 years was an unjustified limitation on the right to be free from age discrimination in section 19 of the New Zealand Bill of Rights Act 1990 (BORA).