National legislation that if passed could save hundreds of babies’ lives over future years is here!
The Human Rights (Children Born Alive Protection) Bill 2021, drafted by George Christensen, MP for Dawson, would give medical protection to babies born who survive an abortion.
Tragically, babies born alive during abortions in Queensland, Victoria, Tasmania, Western Australia, the ACT and the NT are left to die.
However, for this life-saving Bill to go to a vote this term of Federal Parliament is dependent on the Prime Minister’s approval.
“I have provided the Human Rights (Children Born Alive Protection) Act 2021 bill to the Prime Minister and other key ministers, seeking their support on adopting this bill, or allowing a conscience vote on it,” Mr Christensen said in a press release last week.
YOU CAN HELP!
By calling or emailing Prime Minister Scott Morrison's office as soon as possible asking that he allows the Human Rights (Children Born Alive Protection) Bill 2021 to go to a vote this term of Parliament.
Contact details for the PM's office: Email and / or Phone: (02) 6277 7700
It would be very helpful if you also could contact your federal MP and state Senators if they are LNP, Liberal Party or National Party, and request them to ask the Prime Minister Scott Morrison to allow this to go to a vote during this term.
This is OUR FIGHT, friends. We are doing everything we can to get this to go to a vote, then we will do everything we can to help the Bill to pass.Thank you for standing with us!
THE BILL EXPLAINED
The Bill states its purpose as "A Bill for an Act to protect children born alive (including as a result of terminations), and for related purposes". The legislation, if passed, would cover babies born alive in abortions throughout all Australian states and territories.
Mr Christensen points out that Australia by not giving medical care to babies born alive in abortions is in breach of two international agreements to which it is a signatory: The Convention on the Rights of the Child, and the International Covenant on Civil and Political Rights.
“The bill makes it an offence not to provide life-saving treatment, punishable with penalties of [more] than $400,000 for health practitioners and higher for corporations," Mr Christensen said in a news release.
“It also could see health practitioners who breach the law deregistered in Australia.
“I encourage others to lend their support for this action via my website www.georgechristensen.com.au/bornalive." (A draft of the Bill is contained in Mr Christensen's website, as well as at the base of this blog.)
Not only would the passing of such legislation be a national first and save many young lives over future years, but it also would mark an important turning of the tide where the pro-life community actually takes ground for the unborn, instead of fighting to hold what is left.
But will this vote cause the Morrison government to lose relationship capital with voters? NO. In fact quite the opposite - it may wedge and expose Labor on this issue, as it has been Labor governments’ legislation around Australia that has left babies born alive in abortions to die.
YouGov Galaxy polling in 2018 revealed that 70% of Queenslanders agree that babies born alive in late-term abortions should be given medical care, with only 10% opposed - please see polling HERE (question 8, page 6).
Various media reports over the years have shown that more and more babies are surviving late-term abortions, only to die of neglect.
In Melbourne, The Age reported: "In 2007, 52 babies survived late-term abortions, according to government figures. In some clinics they had simply been put on a shelf and left to die, and the public deserved to know what was happening now."
In one incident in the NT in 1998, a child of 22 weeks' gestation, Jessica Jane, who was born alive weighing 515 g after a botched late-term abortion, with “good vital signs”, was left in a dish to die and was heard crying for 80 minutes until she died.
In 2016, ABC News stated: "Queensland Health confirmed that in such cases, life-saving care is not rendered to the baby after a decision to terminate is made and it is left to perish in the clinic."
In 2018 in Western Australia, Liberal MP Nick Goiran, speaking of 27 babies born alive and left to die, said: “It is statistically inconceivable that not one of the babies could have been saved and gone on to live a normal life.”
He added: "As soon as you're born live, you are entitled to all of the same rights and privileges as any other Australian citizen.
"The fact that the abortion resulted in a live birth doesn't mean that you have less rights and privileges [than] any other prematurely born baby.
"That's just a statement of law and that law needs to be adhered to."
In fact, there are several well-documented cases of born-alive abortion survivors, such as Gianna Jessen, who gave a speech in Victoria's Parliamenton her experience, in 2008.
Gianna's mother had a saline abortion when she was 7 months pregnant. Instead of being poisoned and burned by the toxic solution, Gianna survived and was rushed to the hospital. Being deprived of oxygen during the abortion procedure, Gianna has suffered all her life from cerebral palsy, but has overcome her injuries, becoming an experienced public speaker and internationally renowned pro-life advocate. She declares: “Death did not prevail over me… and I am so thankful!”
We are working on a national campaign to help push this legislation through, saving babies like Gianna. Please contact PM ScoMo asking him to let it go to a vote, as well as your federal MP if they are LNP, Liberal or National as well as Senators from those parties for your state, encouraging them to ask Scott Morrison to ensure this bill is voted on in a timely manner, this term. Let us brook no more delay for the unborn.
We need to stand up now for our most vulnerable fellow citizens, and ensure their right to basic medical care is enshrined in law. All Australians should be treated equally by healthcare professionals, whether they are wanted by their family or not.
Statistics:
Queensland
Year Terminations with live birth outcome (babies born alive after late-term abortions)
|
2005 |
8 |
|
2006 |
16 |
|
2007 |
20 |
|
2008 |
15 |
|
2009 |
13 |
|
2010 |
17 |
|
2011 |
20 |
|
2012 |
20 |
|
2013 |
23 |
|
2014 |
25 |
|
2015 |
27 |
|
2016 |
31 |
|
2017 |
35 |
|
2018 |
29 |
|
3 Dec 2018 - 30 June 2019 |
19 |
Data sources:
2005- 2015 figures ABC report 'Rise in Queensland babies surviving late-term abortions'
3 December 2018 - 30 June 2019 figures: Dr Mark Robinson, MP, Parliamentary Question on Notice, 685, 14 July 2020
Western Australia
Perinatal deaths following live births from late-term abortions
|
1998 to June 2017 |
27 |
Victoria
Years Perinatal deaths following live births from late-term abortions
|
2001 |
35 |
|
2002 |
30 |
|
2003 |
41 |
|
2004 |
35 |
|
2005 |
45 |
|
2006 |
42 |
|
2007 |
52 |
|
2008 |
32 |
|
2009 |
42 |
|
2010 |
24 |
|
2011 |
40 |
|
2012 |
53 |
|
2013 |
43 |
|
2016 |
33 |
|
2017 |
28 |
|
2018 |
29 |
Data source: Victorian Perinatal Morbidity data
Records are not kept in other states and territories which leave babies born alive in abortions to die.
Only NSW since late 2019 and South Australia, from last week, require that medical care be given to babies born alive during abortions.
Interestingly the Queensland Liberal National Party already have providing care to babies born alive in abortions 20 weeks and older as part of their policy platform. Specifically, that comfort care or palliative care (including pain relief) be given to these babies that are dying and unable to kept alive, and life-sustaining care - the same as any other premature baby - for babies who are compatible with life.
Mr George Christensen, MP, speaking at the Cherish Life 50th anniversary dinner in November 2020 where he first shared his plans for this exciting life-saving Bill with us! We love George, because he fights for life!
THE HUMAN RIGHTS (CHILDREN BORN ALIVE PROTECTION) BILL 2021 - draft
2019‑2020‑2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Human Rights (Children Born Alive Protection) Bill 2021
No. , 2021
(Mr Christensen)
A Bill for an Act to protect children born alive (including as a result of terminations), and for related purposes
Contents
Part 1—Preliminary 1
^1.......... Short title............................................................................................ 1
^2.......... Commencement.................................................................................. 2
^3.......... Definitions.......................................................................................... 2
^4.......... Binding the Crown............................................................................. 3
^5.......... Extension to external Territories........................................................ 4
^6.......... Concurrent operation of State and Territory laws.............................. 4
^7.......... Constitutional basis of this Act.......................................................... 4
Part 2—Children born alive are persons 5
^8.......... Children born alive are persons.......................................................... 5
Part 3—Duty of health practitioners 6
^9.......... Duty of health practitioners to provide medical care or treatment to children born alive as a result of terminations........................................................................................ 6
^10........ Offence of contravening duty to provide medical care or treatment to children born alive 6
^11........ Mother of child born alive not liable to prosecution.......................... 7
^12........ Additional operation of this Part........................................................ 7
A Bill for an Act to protect children born alive (including as a result of terminations), and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
^1 Short title
This Act is the Human Rights (Children Born Alive Protection) Act 2021.
^2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of this Act
The day after this Act receives the Royal Assent.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
^3 Definitions
In this Act:
born alive includes born alive as a result of a termination.
Convention on the Rights of the Child means the Convention on the Rights of the Child done at New York on 20 November 1989, as in force for Australia from time to time.
Note: The Convention on the Rights of the Child is in Australian Treaty Series 1991 No. 4 ([1991] ATS 4) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
health practitioner means a person who, under a law of a State or Territory, is registered or licensed to practice in any of the following health professions (or a recognised specialty in any of the following health professions):
(a) Aboriginal and Torres Strait Islander health practice;
(b) medical;
(c) nursing.
health practitioner registration board means a person or body who, under a law of a State or Territory, registers or licenses persons to practice in a health profession (or in a recognised specialty in a health profession).
International Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights done at New York on 16 December 1966, as in force for Australia from time to time.
Note: The International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
professional standards or guidelines includes:
(a) an approved registration standard (within the meaning of the Health Practitioner Regulation National Law), or code or guidelines approved by a National Board (within the meaning of that Law); and
(b) clinical guidelines issued by a State or Territory.
termination means an intentional termination of a pregnancy in any way, including by:
(a) administering a drug or other substance, or
(b) using an instrument or other thing.
^4 Binding the Crown
This Act binds the Crown in each of its capacities.
^5 Extension to external Territories
This Act extends to the external Territories.
^6 Concurrent operation of State and Territory laws
This Act is not intended to exclude or limit the operation of a law of a State or Territory that:
(a) protects:
(i) children born alive as a result of terminations; or
(ii) all children born alive; and
(b) is capable of operating concurrently with this Act.
^7 Constitutional basis of this Act
This Act gives effect to Australia’s international obligations under:
(a) the Convention on the Rights of the Child, and in particular Articles 6 and 24; and
(b) the International Covenant on Civil and Political Rights, and in particular Articles 24 and 26.
Part 2—Children born alive are persons
^8 Children born alive are persons
To avoid doubt, for the purposes of the law of the Commonwealth, a child born alive is a person.
Part 3—Duty of health practitioners
^9 Duty of health practitioners to provide medical care or treatment to children born alive as a result of terminations
(1) The duty owed by a health practitioner to provide medical care or treatment to a child born alive as a result of a termination is no different than the duty (including a duty under the law of a State or Territory or the general law) owed to provide medical care or treatment to a child born alive other than as a result of a termination.
Health practitioner registration board must deal with contraventions of duty to provide medical care or treatment to children born alive as a result of terminations
(2) Without limiting subsection (1), if a health practitioner engages in conduct that contravenes the duty owed to provide medical care or treatment to a child born alive as a result of a termination, a health practitioner registration board must treat the conduct in the same way as the board would have treated the conduct had the live birth not been the result of a termination.
Professional standards or guidelines
(3) This section has effect despite anything to the contrary in professional standards or guidelines that apply to health practitioners.
^10 Offence of contravening duty to provide medical care or treatment to children born alive
Offence
A person commits an offence if:
(a) the person is a health practitioner; and
(b) a child is born alive; and
(c) the health practitioner owes a duty to provide medical care or treatment to the child; and
(d) the health practitioner engages in conduct; and
(e) the health practitioner’s conduct contravenes that duty.
Note: This section applies whether or not the live birth results from a termination.
Penalty: 2,000 penalty units.
^11 Mother of child born alive not liable to prosecution
Neither:
(a) section ^10 of this Act; nor
(b) Division 11 of the Criminal Code, to the extent it relates to section ^10 of this Act;
make the mother of a child born alive liable to be prosecuted for an offence in respect of that child.
^12 Additional operation of this Part
(1) In addition to section ^7, this Part also has effect as provided by this section.
(2) This Part also has the effect it would have if a reference to medical care or treatment were expressly confined to medical care or treatment undertaken by or on behalf of a corporation to which paragraph 51(xx) of the Constitution applies.