Facilitating Safe Access to Health Care through Legislative Reform - The Australian Experience

J Law Med. 2024 May;31(1):185-200.

Abstract

The realisation of the right to health is vulnerable to the interventions of strangers, acting on the belief that certain health care should not be permissible under the law or accessible in practice. In Australia, the key arena for such interventions has been abortion services. Drawing on empirical research undertaken by the authors, this article examines the impact of these interventions and the effectiveness of "safe access zone" laws that now operate nationwide to constrain them. After examining the unsuccessful constitutional challenge to these laws in the High Court of Australia, it considers whether safe access zones may have utility in other health care contexts.

Keywords: abortion; human rights; picketing; right to health; safe access zones; sidewalk counselling.

MeSH terms

  • Abortion, Induced / legislation & jurisprudence
  • Australia
  • Female
  • Health Care Reform / legislation & jurisprudence
  • Health Services Accessibility* / legislation & jurisprudence
  • Humans
  • Pregnancy
  • Right to Health / legislation & jurisprudence