In 1955 the anthropologist George Devereux demonstrated that abortion has been practiced in almost all communities from the earliest times. It is estimated that across the globe 50 million abortions are carried out every year with over a third being illegal. But why, with today’s changing society, is abortion still illegal in Australia? There is a stigma surrounding this issue that simply cannot be escaped. Abortion raises fundamentally important - and hotly contested - questions about human rights, about individual and collective dignity, and about the appropriate role of law under circumstances surrounding such a pertinent matter.

There are many underlying social issues that need to be taken into consideration when contemplating such controversial matters as abortion. The concern

In Australia, the laws governing abortion fall within the legislative responsibility of each individual state and territory. Statutory provisions in every state and territory– except Western Australia and now the Australian Capital Territory – make it a crime to unlawfully administer any poison or noxious thing, any other instrument or other means with intent to procure miscarriage. The wording of these statutory provisions is based directly on legislation enacted in England in the nineteenth century: Sections 58 and 59 of the Offences Against the Person Act 1861.

Socially, the justification for the laws regarding abortion in Australia is perhaps unknown. How can the government justify rendering the practice of abortion illegal when it is available on demand throughout urban area’s and Medicare assistance is even provided? Perhaps this has something to do with the disapproval of the Church. The current Beattie government in power in Queensland is a labor government. It is known that a significant proportion of Labor supporters come from the Church constituency.

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