Human Rights (Children Born Alive Protection) Bill 2022

High-Level Summary
The Human Rights (Children Born Alive Protection) Bill 2022 aims to ensure that children born alive, including those born as a result of a termination, receive the same medical care and treatment as any other child. The bill seeks to establish legal obligations for health practitioners to provide such care and to report births of children born alive under these circumstances.

Summary
The bill affects medical practitioners by codifying their duty to provide medical care to children born alive following a termination of pregnancy, treating such cases the same as any other live birth. It establishes an offence for health practitioners who fail to fulfill this duty. Additionally, the bill mandates that health practitioners report instances of children born alive as a result of terminations to facilitate statistical collection, exempting mothers from prosecution. The bill is grounded in Australia's commitments to international human rights, including the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. The bill specifies that its provisions will apply in conjunction with existing state and territory laws and binds the Crown in all its capacities.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Legal Principle

The bill should be supported because it ensures that all children, regardless of the circumstances of their birth, are entitled to the same standard of medical care, aligning with the principle of non-discrimination. By codifying this duty, the bill strengthens legal protections for vulnerable children, reinforcing Australia's commitment to international human rights standards. It promotes equality in healthcare access, ensuring that children born alive after a termination are not deprived of life-saving medical interventions.


Argument Against
Normative Bases
  1. Pro-Democracy
  2. Egalitarianism

The bill should be opposed because it may impose additional legal and administrative burdens on healthcare providers, potentially leading to unintended consequences in the management of complex medical situations. There is a risk that the bill could interfere with the professional judgment of healthcare practitioners, which may not always align with the legislative stipulations, thereby impacting the democratic principles of allowing professional autonomy in healthcare. Furthermore, the bill could lead to disparities in how healthcare resources are allocated, as practitioners may feel compelled to prioritize legal compliance over patient-centered care [Judgment].


Date:

2022-11-30

Status:

Before Senate

Sponsor:

CANAVAN, Sen Matthew; ANTIC, Sen Alex; BABET, Sen Ralph

Portfolio:

Unspecified

Categories:

Discrimination / Human Rights, Healthcare, Legal Principles

Timeline:
30/11/2022

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