The Forum > Article Comments > False reassurances: Tasmania's Abortion Information Paper > Comments
False reassurances: Tasmania's Abortion Information Paper : Comments
By Babette Francis, published 19/3/2013The new Tasmanian abortion bill appears to criminalise dissent to abortion.
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At the foundation of modern international human rights law is the recognition that “the equal and inalienable rights of all members of the human family” cannot be legitimately restricted through arbitrary exercise of governmental power or even through arbitrary exercise of the majority’s democratic will.
“In order to guarantee human rights, it is therefore essential that States’ actions affecting basic rights not be left to the discretion of localized or domestic governments but, rather, that they be surrounded by a set of guarantees designed to ensure that the inviolable attributes of the individual not be impaired.”
Extreme liberal abortion legislation (such as is proposed in this Bill) that permits lethal disrespect for the lives of so many children from conception right up until birth demonstrates just such a need for some system of subsequent control, when a localized majority seek arbitrarily to pass a law that has abrogated the human rights of these children at risk of abortion.
Neither public opinion nor common practice excuses human rights violation
It has never been valid under international human rights law to plead a defence that terminations of children's lives are legal and/or common practice domestically—the UN Convention on the Rights of the Child does not permit violation of children’s rights on the grounds that local or customary law or local common practice tolerates such violations. Cultural practices are frequently contrary to law. Relying on cultural practice to restrict or narrow established international law on human rights is not a sound basis for any novel domestic human rights legislation or amendment.