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Abortion clinic safe access zones under threat

Anti-abortionist campaigner says no to anti-protest zones

The case has been introduced by anti-abortion campaigner Kathleen Clubb, who was the first person to be convicted of breaching state safe access zone laws, in 2016. She was convicted of giving a flyer to a couple leaving an abortion clinic in East Melbourne and as a result was fined $5,000.

The challenge to Victorian laws will be heard simultaneously with John Graham Preston’s challenge, who was convicted of breaching Tasmania’s safe access zone laws.

Clubb, a divorced mother of 13, has argued that the current laws breach the constitutional protection of freedom of political communication.

“We say it’s discriminatory in its application because it applies to the one side of this issue.” Clubb’s barrister, Frederick Christopher Brohier, told the Melbourne magistrates’ court on Thursday.

Deputy director of Monash University’s Castan Centre for Human Rights Law, Dr Tania Penovic said however that the current laws do not impeach the constitution.

“The case will determine whether the protesters’ right to express their views overrides women’s rights to access lawful health services without harassment, intimidation and invasions of privacy,”

In states where current safe access laws exist, it is an offence to protest about abortion within 150 metres of a service, communicate about abortion to people entering or leaving a service in a way that “is reasonably likely to cause distress or anxiety”, film someone without their consent and physically block access to a health or fertility clinic.

“The law has assisted women to access abortion clinics safely and with dignity,” Dr Tania Penovic said.

The High Court’s decision, in the case of Clubb is expected to have ramifications. Not only to the five states that already have existing laws but also in Queensland where parliament is currently considering implementing similar laws.

“What is at stake is women’s safety, dignity and fundamental rights.” Dr Tania Penovic said.

Photo by Wutthichai Charoenburi (IMG_8409) [CC BY 2.0  (https://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

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