NSW Council for Civil Liberties Inc.

Postal address: PO BOX A1386 SYDNEY SOUTH NSW 1235 Office address: suite 203, 105 Pitt Street SYDNEY NSW 2000 Phone: 02 8090 2952 Fax: 02 8580 4633 Email: office@nswccl.org.au Website: www.nswccl.org.au

1 October 2013 Sent to all NSW State MPs via email Crimes Amendment (Zoes Law) Bill (No.2) 2013 We are writing to you regarding the Crimes Amendment (Zoes Law) i!! ("o#2) 2013# $his i!! has been the sub%ect o& signi&icant media attention and is due to be debated short!y# $he "'W Counci! o& Ci(i! Liberties wishes to add its (oice to the wides)read concern e*)ressed by a !arge number o& other human rights organisations and !ega! grou)s in "'W# We urge members o& +ar!iament to re%ect this i!! &or the &o!!owing reasons, 1. The bill is unne essar!. -*isting !aw a!!ows a wide range o& )otentia! !iabi!ity..u) to 2/ years0 im)risonment# 'ection 1 o& the Crimes Act now )ro(ides that grie(ous bodi!y harm inc!udes as the &irst )art o& the de&inition2 3the destruction (other than in the course o& a medica! )rocedure) o& the &oetus o& a )regnant woman2 whether or not the woman su&&ers any other harm4# 5nder section 33 o& that act2 a )erson who de!iberate!y causes such harm is !iab!e to im)risonment &or 2/ years#

2. A "oetus is not !et a #erson. $he !aw shou!d not )retend otherwise# 6t is not an inde)endent being2 it does not act &or reasons2 it has neither be!ie&s nor (a!ues# $he i!! re)resents a !ega! &ramewor7 &or a &oetus to be considered an inde)endent )erson or 3unborn chi!d42 inde)endent &rom the mother2 and there&ore &or the &oetus to ha(e certain rights# CCL o))oses the term 3unborn chi!d42 as it is emoti(e and suggests the &oetus is a!ready a )erson# $he &oetus becomes a )erson (and a chi!d) a&ter he8she is born and ca)ab!e o& !i(ing# As +ro&essor 9!an(i!!e Wi!!iams has noted, 3###it is !ega!!y incorrect to su))ose that an :unborn chi!d is a chi!d# A woman who c!aimed a socia! security bene&it on account o& her :chi!d2 without mentioning that it was unborn2 wou!d get into troub!e4#1

3. There ma! be absurd onse$uen es i" the law omes more %enerall! to a e#t that a "oetus is a #erson. $his i!! re)resents an encroachment on the rights o& women2 by recognising the indi(idua! rights o& a &oetus at !aw# $his section cou!d be inter)reted 2 or set a )recedent &or the inter)retation o& other
1

9!an(i!!e Wi!!iams2 $he ;etus and the 3<ight to Li&e42 (1==1) /3(1) Cambridge Law >ourna! ?1 at ?3

!aws2 to diminish the rights o& women o(er their own body2 inc!uding their rights to re)roducti(e hea!th ser(ices# $he conce)t o& a &oetus ha(ing inde)endent )ersonhood may be used2 as it has in other %urisdictions2 to encroach on womens rights2 inc!uding access to !ega! abortions or medica! )rocedures# $he &o!!owing e*am)!es i!!ustrate the !ega! chaos that wou!d resu!t# +regnant mothers considered a danger to the &oetus ha(e been detained unti! the birth o& their chi!d# $hey ha(e been charged with chi!d abuse o& the &oetus22 assau!t o& the &oetus23 de!i(ering )rohibited drugs to the &oetus (ia the umbi!ica! cord21 and e(en chi!d neg!ect o& the &oetus &or &ai!ing to &o!!ow medica! ad(ice and &or continuing to ha(e se*ua! intercourse#/ $hey might they be charged with dangerous acti(ities2 such as )!aying s)ort or roc7.c!imbing# 'imi!ar!y the )ro)osed change in the conce)t o& 0)erson0 cou!d diminish the access o& women to !aw&u! abortion2 and the rights o& a woman to ma7e decisions regarding her own body#

;or these reasons2 the "'WCCL o))oses the i!! and wou!d urge members to heed the wides)read concern o& ci(i! society# $he circumstances o& rodie @onegans incident were tragic and dee)!y saddening &or the &ami!y members and the mother in(o!(ed# 6t is undoubted that her intention in su))orting the i!! in her daughters name is &or a s)eci&ic reason2 that does not inc!ude in&ringing on the rights and !iberties o& women# Aowe(er2 a desire to increase )unishment shou!d not come at the e*)ense o& the )ossibi!ity that the rights o& a!! women cou!d be com)romised# Bours sincere!y2 Cartin ibby Co.Con(ener2 +o!ice +owers and Ci(i! <ights 'ubcommittee "'W Counci! &or Ci(i! Liberties 1 October 2013

'herri&& ( -ncoe2 DD/ +#2d /=E2 /=D ("e(# 1==1) (charges dismissed)# $he %udge he!d that to &ind otherwise wou!d Fo)en the &!oodgates to )rosecution o& )regnant women who ingest such things as a!coho!2 nicotine2 and a range o& misce!!aneous2 otherwise !ega!2 to*insF)# 'tate ( 6nGar2 "os# =0C<'E=E02 =0C<'E=E1 ("#C# 'u)er# Ct# <obeson Cty# A)r# =2 1==1) (charges dismissed)

'tate o& ;!orida ( 9ethers /D/ 'o# 2d 1110H 1==1 ;!a# A))# L-I6' =113H 1E ;!a# L# Wee7!y @ 2131 (1 October 1==12 ;L Ct# A))#) (dismisses a))ea! o& !ower court dismissa! o& charges) +eo)!e (# 'tewart2 "o# C/0D1=?2 <e)orter0s $ranscri)t2 at 1 (Ca!# Cun# Ct# 'an @iego Cty# ;eb# 2E2 1=D?) Juoted in +unishing Women &or their eha(iour @uring +regnancy2 note E3 at &ootnote 11