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ResearchArchive–Te Puna Rangahau

Permanent URI for this communityhttps://ir.wgtn.ac.nz/handle/123456789/1

This collection contains papers, student research outputs and theses authored by University staff and students.

The content in the collection was migrated from http://researcharchive.vuw.ac.nz in 2021.

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Browsing ResearchArchive–Te Puna Rangahau by Subject "Abortion"

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    Challenging Conscience-Based Refusals in New Zealand's Abortion Care: A Patient-Centred Perspective
    (Te Herenga Waka—Victoria University of Wellington, 2023) Bendall, Emerald; Austin, Graeme
    Healthcare professionals obstruct patients' access to abortion care by refusing to provide services due to their personal moral objections. This paper assesses the appropriateness of embracing conscience as a valid decision-making criterion within the healthcare sector. It asserts that such a criterion is inconsistent with the traditional evidence-based approaches that underpin healthcare decision-making. Further, this paper highlights how the arbitrary application of conscientious objection solely to reproductive services undermines the medical validity and importance of these essential healthcare provisions. Conscientious objection to abortion in New Zealand has significant practical consequences, including a reduction in available healthcare providers, service delays, and added financial and mental burdens on patients. These burdens are unjustifiable, as patients should have unimpeded access to routine healthcare. In contrast, the paper argues that the potential impacts of abolishing conscientious objection on health professionals are limited and justifiable, given their autonomous choice to enter a profession dedicated to patient care. This paper advocates for the elimination of the right to conscientious objection for reproductive services, drawing on international jurisdictions for examples to support this approach. It argues that the prohibition of conscience-based refusals is the only effective way to prioritise patients' rights to abortion care.
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    Confronting New Zealand’s “Workable” Abortion Laws
    (Te Herenga Waka—Victoria University of Wellington, 2017) Lewis, Olivia
    Abortion is illegal in New Zealand except in limited circumstances. In spite of this, it has been claimed that our abortion laws are “workable”. This paper confronts this claim and looks at whether it is justifiable from four different perspectives including the legal, pro-and-anti-abortion, and political perspectives. This discussion sheds light on important issues that arise when it comes to law reform in the context of the contentious and polarising issue that is abortion law in New Zealand. The subjectivity that surrounds the concept “workable” has material implications on the conclusions under each perspective. Nevertheless, it is found that overall, the claim that New Zealand’s abortion laws are workable is misconceived. Therefore, this paper goes on to consider whether the abortion system could be made better through law reform. Again subjectivity permeates this issue as we are confronted with the question “better for whom?”. It is acknowledged that Parliament is never going to be able to please everyone when it comes to New Zealand’s abortion laws. However, this paper argues that Parliament should attempt to make the laws better for the majority of the population and ensure that they uphold fundamental legal principles such as the rule of law. Three options are proposed but based on the favoured perspectives, it is found that law reform involving the decriminalisation of abortion would be the most effective solution. This seems like a constructive conclusion, but the next question that arises is “is it going to be politically feasible?”.