“Young women need to know that abortion rights and abortion access are not presents bestowed or retracted by powerful men (or women)… but freedoms won, as freedom always is, by people struggling on their own behalf.”—Katha Pollitt (US feminist writer)
The 26 April issue of Newsweek magazine caused a furore in United States feminist circles for its depiction of the reproductive rights movement as a “post-menopausal militia” in desperate need of new blood. Young pro-choice activists rushed to the blogs to defend their generation. “There are thousands of us working hard for the movement every day… We are more passionate than you can imagine,” wrote one. Or another, more bluntly: “I don’t know how many times I have to yell to be heard by older feminists. Turn up your hearing aids! Are you listening? We’re here.”
Whether these young feminists like it or not, the pro-choice movement is propelled by older generations, and the lack of younger activists is starting to show. Support for the legal right to abortion in at least some cases has stayed at around 75 to 85 per cent since 1975, but in recent years the pro-choice movement has been drowned out by its strident, fundamentalist anti-abortion counterparts. The annual March for Life in Washington DC drew 200,000 participants this year. In contrast, a pro-choice demonstration in the same city in December 2009 drew a crowd of only around 500 supporters.
In New Zealand, the pro-choice movement is strong and motivated—but ageing. Although most New Zealanders, and in particular young people, hold liberal views regarding abortion, there’s a big difference between supporting a woman’s right to choose and fighting for that right. And while anti-abortion groups are mobilising young people, through churches and university clubs, it seems the level of pro-choice activism is waning. So where are all the young pro-choice women and men?
For a lot of people, abortion rights don’t seem like something we need to fight for. Many of us assume that, should we ever need an abortion, we will be able to have one safely and legally. To some extent this is true—abortion is de facto legal in New Zealand. But this isn’t anywhere near good enough.
In New Zealand, abortion is a criminal offence. An abortion can only be lawful if, during the first 20 weeks of pregnancy, two certifying consultants agree that one of four conditions has been met. Incest leading to pregnancy, potential physical and mental harm to the woman, foetal defects, and mental disability are grounds for abortion. Rape, age and socioeconomic circumstances are not, although the former two can be taken into account. After 20 weeks, an abortion can only be performed to prevent permanent physical or mental injury to, or the death of, a woman.
So thanks to an outdated, unfair and demeaning law, abortion remains illegal for most women who find themselves pregnant. And it would be unobtainable, if it weren’t for the Abortion Supervisory Committee and doctors who take a liberal interpretation of New Zealand abortion law. In practice, abortions are very rarely denied, and the vast majority are performed on the grounds that there is a serious risk to the woman’s mental health.
Why should we be angry? There are plenty of reasons. Abortion is a medical procedure, yet in this country it is treated as a crime. The law reflects neither current practice nor current public opinion. Most New Zealand women are mentally healthy, and they’re perfectly capable of making a rational decision about whether or not to continue a pregnancy. The requirement that two consultants must approve a woman’s abortion by certifying that she is mentally unfit is unnecessary, time-consuming, and ultimately degrading for the woman involved. And many women, because they live in rural and provincial areas, effectively don’t have access to abortion.
The most common argument from pro-choice women and men for not actively defending reproductive rights is that, if we press the issue, we might lose what gains we’ve already won. Yes, abortion is not technically legal in most cases; but if it’s accessible and safe, at least for the majority of New Zealand women, what’s wrong with the status quo?
This is a terrible argument. In reality, our reproductive rights are not secure—they are just a court case from being taken away. The latest in a long line of attempts to challenge the legality of abortion is ongoing court action instigated by Right to Life New Zealand. In 2005, the anti-abortion group applied for a judicial review of the Abortion Supervisory Committee, arguing that it was allowing abortion on demand in breach of its statutory duties. Justice Miller, in his ruling on the case, expressed “powerful misgivings” over the lawfulness of many abortions carried out in New Zealand. Both the Abortion Supervisory Committee and Right to Life have appealed the ruling to the Court of Appeal, to be heard later this year.
This legal drama shows that the threat to reproductive freedom is real. But the courts aren’t the place to settle this kind of discussion. We need serious informed public debate on this issue. And we need more young women and men to stand up in support of the right to choose.
The pro-choice movement is not about promoting abortion, killing babies, or any other accusation that the other side throws down. It’s about providing pregnant women and their families with safe choices, supporting them, and letting them make informed decisions about their future. If it sounds like something you’d be interested in supporting, take action. You can find more about the Abortion Law Reform Association on their website, www.alranz.org. You can also show your support by joining the ALRANZ group on Facebook. Women deserve the right to choose. It’s time to start fighting for it.