NATIONAL POLLING: MAJORITY OF AUSTRALIANS WANT CARE FOR BABIES BORN ALIVE IN ABORTION
GREAT NEWS! National polling on whether babies born alive in abortion should be given medical care reveals the vast majority of Australians want these babies cared for!
Among those who express a view on this issue, three times as many say they support care for babies born alive in these circumstances as oppose such care.
The full poll results can be accessed HERE
The national survey commissioned by Cherish Life Queensland was conducted on 14 -17 July 2021 by YouGov online with 1506 Australian voters, with a margin of error of plus or minus 2.9%. A full methodology statement is available at https://au.yougov.com/results/apc
The respondents were asked the following question:
Termination of pregnancy is permitted in all Australian states and territories under various circumstances after 20 weeks of pregnancy. This is referred to as a ‘late-term abortion.’
Sometimes a baby is born alive in a ‘late-term abortion’ procedure. Which is closer to your own view about babies born alive after a late-term abortion procedure?
- They must be given medical care to the same extent as other premature babies. This would be life-sustaining care if they are viable and compatible with life. RESPONDENTS: 56%
- They should not be given medical care and can be allowed to die. RESPONDENTS: 18%
- Don’t know. RESPONDENTS: 26%
The full poll results can be accessed HERE
It's encouraging that the vast majority of Australians understand these poor little babies are worthy of care and medical intervention the same as a 'wanted' newborn baby. It's our hope that this poll will provide the Morrison Coalition Government with the courage to allow George Christensen's Human Rights (Children Born Alive Protection) Bill 2021, to go to a vote this term, either by adopting the legislation as a government Bill or allowing a Mr Christensen to table the Bill as a Private Member's Bill with a conscience vote. Without the Prime Minister's permission, the Bill will not go to a vote this term of government.
We've been honoured to support Mr Christensen's Human Rights (Children Born Alive Protection) Bill 2021 since its inception last year. Most recently Mr Christensen spoke about his Bill at the Brisbane March for Life held in May 2021, where around 4,000 Queenslanders marched. Mr Christensen's speech can be viewed here.
Mr Christensen is scheduled to introduce the Human Rights (Children Born Alive Protection) Bill 2021 to the Australian House of Representatives on Tuesday 10 August, just weeks away. If passed it will be a national first, where there is a win for the rights of babies, instead of tragic loss after loss as has been the heartbreaking case in Australia over the past few decades.
It's time to fight to take back ground and save lives.
Protest rally against euthanasia Bill headlines news
On the morning of Tuesday 25 May, we held a mini-rally outside Parliament House to protest the terrible Assisted Suicide / Euthanasia Bill being tabled by the Premier that day. (This killing legislation is scheduled to be debated and voted on in September.)
With about 50 fearless friends answering the late (and discreet) call to peacefully stand for life, we held bold anti-euthanasia and pro-palliative care signs high, to send a clear message to politicians who were going into Parliament.
The media took great interest in our protest rally, and it was the lead story on every TV station that evening! The ABC even promo-ed the news with the voice-over saying "Protests over right-to-die legislation" showing footage of our rally.
KAP MPs take a stand for life with some passionate pro-lifers. (Photo:Visual Reality Productions)
All the three Katter's Australian Party MPs - Robbie Katter, Shane Knuth and Nick Dametto attended the rally and shared words of wisdom, as did LNP MP for Maroochydore Fiona Simpson and Teeshan Johnson for Cherish Life.
Here is some of what was said, in order of speakers (and a video of the rally can be found here):
Robbie Katter, KAP MP for Traeger and the leader of the Katter's Australian Party: "It's very important that we fight it... I believe very strongly in the ripple effect in politics. Little things matter, little efforts matter. Those conversations you have amongst your peers done in a peaceful and respectful way can have a very large impact… We hope we can change the course of this in Parliament. It's very much a perversion of our moral responsibilities. We've passed laws about workplace health and safety, about driving laws to keep people safe.. there's the most enormous amounts of hypocrisy...we come back in [after they] passed legislation on killing babies, now killing our elderly..."
Nick Dametto, KAP MP for Hinchinbrook: "We've got MPs in there, to be fair, who do not understand the legislation they are voting for. It's our responsibility to share with them, not only our views but help them unpack it socially and morally before they go into the House to vote on this. We've got some time before this goes through the committee process as well as having a second reading on the floor of Parliament. That's everyone’s opportunity in a respectful way, to let those MPs know who haven't made their minds up, let them know what their electorate is thinking... Let them know... this isn't assisted dying, this is assisted suicide. This is going one step further than anyone in Queensland has ever done before... there were some disgusting laws that [came in] last term [on] abortion…We can make sure that as a group we make ourselves heard and keep up that fight."
Shane Knuth, KAP MP for Hill: "This is about getting the truth out there so people see what it [the assisted suicide Bill] is all about... Don't underestimate the role that you are playing here. Get an email to [your MP’s] office. We have a great chance of swinging this. Swinging this in the other direction, like the way it happened over there in England [the UK parliament has rejected euthanasia six times] and I believe that this is going to happen here in the Queensland Parliament, where this Bill is going to be defeated.. and we'll go about ensuring people can access proper palliative care. We'll make sure that people can access proper palliative care. Keep up the good fight, keep the message going and let's get this message going right across Queensland so we can swing it in the other direction and get this Bill thrown out."
Teeshan Johnson, executive director, Cherish Life Queensland: "We actually need some Labor people [MPs] to vote against this otherwise we're not going to hold. Whatever party your local MP is...they need to hear from you. Emails, phone calls, a meeting is actually best...When people understand what euthanasia actually is, that it is intentionally killing someone, it is assisted suicide.. this is intentional killing,... and it will lead to wrongful deaths. There will be more deaths in Queensland every year as a result. It's highly dangerous ... Palliative Care Queensland has said we need an extra $275 million per year, but the Government has only offered us for only 6 years an extra $28 million [per year] when we need an extra $275 million [per year] so they are trying to get out of it cheaply. It's outrageous..."
Fiona Simpson, LNP MP for Maroochydore: "[We need to be] engaging people... even those that might believe in euthanasia, about the dangers of what this proposal is. What they are proposing is that you can access euthanasia if you have 12 months to live, but you may not get palliative care until the weeks or months before the end of life... so they are denying people from what they call a choice.. It's not a choice if you don't have proper palliative care."
A video of the rally which captures all the speeches and some footage of the peaceful protestors can be found here (A special thank you to Visual Reality Productions for the wonderful video and photos.) More photos of the rally can be found at our Facebook page.
News reports:
Against a backdrop of bias towards euthanasia evident in almost all mainstream media in Australia, we were encouraged that the side for life (and truth) had the opportunity to comment at all.
Here is some media the coverage for the day the Bill was tabled:
Some of the TV News broadcasts for the evening of Tuesday 25 May, 2021 were ABC click here, Sky News click here, and Channel 7 click here
ABC Online on Tuesday 25 May published "Voluntary assisted dying legislation introduced to Queensland Parliament as protesters voice opposition" where we were mentioned: "Teeshan Johnson from Cherish Life Queensland said her group — which is also opposed to termination of pregnancy — said it was petitioning the government to further increase palliative care funding. 'This [the legislation if passed] will lead to wrongful deaths, and the real form of dying with dignity is actually world-class palliative care,' Ms Johnson said."
The Canberra Times, 7 News online, Victor Harbour Times and other regional papers ran a story written by Australian Associated Press journalist titled: "Queensland protestors urge free euthanasia vote" and on other sites "Queensland Parliament to debate euthanasia laws" where the issue of conscience votes was discussed. We were mentioned as follows: "Cherish Life Queensland executive director Teeshan Johnson said the Bill won't pass if MPs were allowed a truly free vote. Ms Johnson claimed that while publicly allowing MPs a conscience vote on an abortion bill in 2018, Labor privately bullied MP Jo-Ann Miller after she voted against the laws. 'If Labor aren't given a conscience vote, they have the numbers to push this through,' Ms Johnson told AAP. 'But if it's a real conscience vote, it won't go through, that's really what it comes down to.'"
Brisbane Times, reported "Protests as Qld euthanasia bill is introduced and Premier shares pain", Tuesday 25 May, and The Catholic Leader reported "Protesters speak out against euthanasia laws as premier introduces Bill." Tuesday 25 May.
To put a submission in against the Bill to the Queensland Health Committee CLICK HERE
THANK YOU to the 4,000 who marched at the March for Life, Brisbane!
March for Life Brisbane, 8 May 2021, speakers (L-R): George Christensen MP, Senator Amanda Stoker, Mark Robinson MP, Martyn Iles (MD of the ACL), Teeshan Johnson, (Cherish Life) and Senator Matt Canavan. (Dr Tim Coyle, Cherish Life Cairns branch president, was also a speaker but not in the photo.)
Thank you to the 4,000 Queenslanders who Marched!
It was a significant day for life where attendees protested the 58% increase in abortions resulting from the Queensland Labor Government legalising abortion to birth in 2018, we also petitioned the federal government to allow George Christensen's Human Rights Bill (Children Born Alive) Protection Bill 2021 to go to a vote this term of government, and protested the dangerous push to legalise assisted suicided (misleadingly called "voluntary assisted dying") in Queensland.
As an unexpected bonus Senator Matt Canavan announced he will be presenting a Bill to federal parliament which would prohibit a Medicare rebate on abortion for sex-selective reasons! We are backing this 100%!
Speaker's speeches can be accessed here by clicking on their name (in order of speakers): Teeshan Johnson (Cherish Life), Mark Robinson MP for Oodgeroo, Senator Amanda Stoker, George Christensen MP for Dawson, Dr Tim Coyle, Senator Matt Canavan, Martyn Iles (ACL).
Marching, we went a longer route than usual - 1.8kms in total around Brisbane CBD.
An exciting time lapse of the actual march through Brisbane can be watched HERE. The Channel 7 news report can be accessed HERE. The ABC news, Channel 9 News, Sky News, The Australian, The Courier-Mail and Brisbane Times also reported on the march.
Some beautiful young pro-lifers.
Thank you to our supporters who helped finance the March for Life Brisbane (solely sponsored by Cherish Life Queensland), as well as the many friendly volunteers who helped on the day.
A very special thank you to professional photographers Kat Tait Photography and Adrian Wedderburn Photopgraphy for the beautiful photos and generously donating your time and talent. Thank you too to the professional videographer for the wonderful videos.
Assistant Minister for Women under fire for Pro-Life stance
Newly appointed federal Assistant Minister for Women Senator Amanda Stoker has come under fire for her pro-life stance.
Yesterday the Brisbane Times and The Sydney Morning Herald, in a story titled "Mixed history for some female ministers now promoting gender equality", reported:
"Senator Stoker’s appointment as assistant minister for women has drawn fire from some quarters because of her strong anti-abortion stance. She has appeared publicly at pro-life rallies, including speaking out against the Queensland Government’s 2018 bid to decriminalise abortion."
But, surely, being pro-life is exactly what a Minister for Women should be. To be pro-life is to be pro-woman. Many women don't recover well psychologically and sometimes physically from abortion, and around 50% of babies aborted in Australia are little women.
Senator Stoker after speaking against Labor's abortion-to-birth laws at a March for Life in 2018. We've been honoured to have her share at a number of our rallies, and she's always a crowd favourite.
Senator Stoker was right to oppose Queensland Labor's 2018 abortion-to-birth laws. Not surprisingly the aggressive and cruel legislation, which came into effect on 3 December 2018, has led to a 58% increase in abortions in Queensland, meaning that 10,000 more babies were killed by abortion in Queensland in the year immediately after the law change. Shame.
The Senator, who is also the Assistant Attorney General and a LNP Senator for Queensland, has proven an excellent and formidable ambassador for life.
We are honoured that Senator Stoker also will be speaking at the Brisbane March for Life 2021 on Saturday 8 May.
As for the pro-aborts, they need to catch up with the times. The perverse and false philosophy that women need the "right" kill their unborn babies, even up to full term, to have equality with men went out the burning of the bras in the 1960s.
We hope to see you at the March!
PARLIAMENTARY PETITION FOR MORE PALLIATIVE CARE IN QUEENSLAND
Please sign our parliamentary petition
The Queensland Government has promised an assisted suicide Bill in May, yes legislation that would effectively target the sick, disabled and elderly, and turn doctors from healers to killers. It's absolutely horrendous. In response Cherish Life has lodged the below parliamentary petition urging the government to dramatically increase palliative care funding in Queensland by a factor of 3.5 times, which is urgently needed to properly service our state, according to Palliative Care Queensland.
The petition also urges the government to send the "voluntary assisted dying" legislation, once it is received from from the Queensland Law Reform Commission in May, to a Parliamentary Committee for at least six months to allow for Queensland-wide community consultation.
The pro-life Parliamentary e-petition is below, please click HERE to sign.
Need for urgent increase to palliative care funding and for full and proper scrutiny of the "voluntary assisted dying" Bill by a Parliamentary Committee
Queensland residents draws to the attention of the House:
(a) the gross underfunding of palliative care in Queensland. Palliative Care Queensland has called on the Queensland Government to increase the annual palliative care budget by $275 million on top of the $110 million a year currently allocated. Disappointingly, the Government’s promised increase of $28.5 million a year is completely inadequate. A funding increase of $275 million a year equates to just over $1 per person a week - a small investment for every Queenslander to have access to a fundamental human right.
(b) the Government’s promise to introduce “voluntary assisted dying” (that is euthanasia or assisted suicide) legislation by the end of May 2021, without any assurance of full and proper scrutiny by a Parliamentary Committee. Queenslanders have the right to have detailed input on a Bill of this nature, including key stakeholders such as palliative care specialists, oncologists, the Australian Medical Association and faith leaders.
Your petitioners, therefore, request the House to call on the Government to:
(a) urgently address Queensland's palliative care deficit, so dying patients and their families can have access to palliative care medical professionals who provide crucial and specialist end-of-life care, to which all Queenslanders are entitled.
(b) follow the usual Standing Orders when the "voluntary assisted dying" Bill is introduced to Parliament, by referring it to the relevant Parliamentary Committee for a period of at least six months to ensure the process is not rushed and to allow for proper Queensland-wide community consultation.
DEVASTATING: QLD ABORTION RATE INCREASES BY 58% SINCE 2018 LAW CHANGE
Health Minister misleads Parliament by covering up abortion rate blowout.
The Queensland Health Minister Yvette D’Ath misled Parliament in Question Time on Tuesday [10/3] by claiming that the number of abortions had not risen since the passing of the Termination of Pregnancy Act in 2018.
Using just figures for surgical abortions, Ms D’Ath told Parliament: “That shows that the passing of this legislation has not led to an increase in the number of terminations.” (page 420 of Hansard on 10 March)
But the fact is the total number of abortions in Queensland including “medical” abortions caused by prescribed drugs has increased by 58% between 2018 and 2019. (see proof below)
In addition, almost 60% of all medical abortions in Australia in 2019 (the first year after the law change) were performed in Queensland, which has only 20% of Australia’s population.
The passing of Labor's extreme abortion-to-birth laws in fact has led to an abortion blow-out. This is deeply distressing and needs urgent attention.
PROOF
2018 - abortions in Queensland
9,297 Surgical abortions proof - Question on Notice #685 from Dr Mark Robinson MP
7,446 Medical abortions proof - 2018 PBS data on the abortion drug (item number 10211K*) obtained from Medicare, Queensland Health only records surgical abortions
2018 total: 16,743
2019 - abortions in Queensland
9,496 Surgical abortions proof - revealed on 10/3 in Parliament by Health Minister Yvette D'Ath (page 420)
17,087 Medical abortions proof - 2019 PBS data on the abortion drug* obtained from Medicare, Queensland Health only records surgical abortions
2019 total: 26,583
* Ref: Item Number 10211K = MIFEPRISTONE (&) MISOPROSTOL abortion drug
Cherish Life has called upon the Opposition Leader, LNP MPs and KAP MPs to urgently hold the Labor Government to account on this most serious issue, as well as taking the Health Minister to task for misleading Parliament.
The figures are so so so bad. Those poor little babies, and their neglected mothers. Our hearts break. It's hard to find words to explain the sorrow.
In some ways the abortion blowout is not surprising, as the Queensland Labor Government at every turn has effectively incentivised abortion over alternatives such as adoption. It even voted down an amendment to offer counselling to women considering abortion, and there are no informed consent laws for abortion in Queensland.
It's also terrible that Queenslanders had to wait 15 months to get a full data-set for surgical abortion rates for 2019 from Queensland Health. No doubt the Government didn't want the alarming numbers coming out before the October 2020 election.
Disappointingly, The Courier-Mail published this inaccurate report yesterday (11/3), based on the Health Minister’s misleading claim. We have asked for an urgent correction.
FAKE NEWS - The Courier-Mail article published yesterday (pictured above) was inaccurate
Despite the heart-break, attacks and set-backs, the fight for life must go on and increase in strength, as some of the worst opponents to life are in powerful places. Thank you for not giving up or tiring. If we don't keep fighting for the unborn, who will be their voice?
Victoria's grim euthanasia warning: Suicide rates increase
Non-assisted suicide rates have increased by 14% in Victoria since that state legalised "voluntary assisted suicide" (VAD).
In 2017, before VAD, that is assisted suicide, legislation came into effect the number of suicides (non-assisted) in Victoria was 609 people.
In 2020, when the legislation had been in effect the entire year, the number of non-assisted suicides in Victoria was 698 people - that's a 14% increase non-assisted suicides from the 2017 figure. In the same year, 144 people committed assisted suicide using "voluntary assisted dying" where the doctor prescribes poison for the patient to take, and 31 received euthanasia where the doctor injects poison directly into the patient causing death. Adding all of these together versus the 2017 figure, that's a 43% overall increase in suicides (non-assisted plus assisted) since the law change.
The significant increase in the non-assisted suicide rate in Victoria proves that legalising assisted suicide or euthanasia of any kind has a contagion effect on the non-assisted suicide rate too. This is a critical warning for Queensland not to go into this dark territory, particularly as we already have the highest suicide rate in Australia.
'Wrong sex' babies aborted in Queensland under Labor's laws
Sex-selective abortions are being done in Queensland.
Yes, beautiful perfectly healthy babies are being aborted because they aren't the gender their parents wanted. It's repugnant, sickening and must stop.
The Sunday Mail yesterday (7 March) broke the news that "Queensland parents are aborting babies that are not their preferred gender and then turning to IVF clinics believing their perfect boy or girl can be custom made."
Prior to Queensland's abortion law change in 2018, sex-selective abortion was illegal. When the Queensland Labor Government's extreme abortion Bill, the Termination of Pregnancy Bill, was before the Parliamentary Health Committee inquiry, we warned them (and the media) in no uncertain terms that sex-selective abortions would be one of the terrible consequences of this cruel and unbridled legalisation, begging them to reject it. They effectively called us liars, chose to ignore proof and data we and others provided, pushing through their laws with no amendments on 17 October, 2018. It was a dark day for Queensland.
So what can be done now? We're calling on the Queensland Opposition Leader, Mr David Crisafulli to raise this issue in Parliament with a view to tabling legislation that would criminalise sex-selective abortion in Queensland.
CHILDREN BORN ALIVE PROTECTION BILL - We need your help!
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.