Emerging issues in Commonwealth abortion laws, 1982

The following medico-legal recommendations of the 6th Commonwealth Health Ministers Meeting in November 1980 are discussed: 1) countries should provide for a jurisdiction to have at least a "developed" law, either by legislation or through an executive statement, 2) laws relating to approved contraceptive measures should be clearly exempted from the scope of laws relating to abortion, 3) lawful abortion should include at the minimum preservation of life and physical and mental health, 4) abortion services should be rendered by adequately qualified personnel, 5) consideration should be given to accomodating abortion primarily in laws focusing not upon crime and punishment but upon health and welfare, 6) maintain a dialogue between doctors and lawyers on legislation and medical practice, 7) regional groups and their secretariats should support the above activities, 8) the Secretariat should encourage discussion of issues relating to the medical termination of pregnancy at meetings of Health and Law Ministers, and 9) the Secretariat should continue to disseminate information on the legal and medical aspects of abortion, provide technical assistance to governments requesting help, and provide support in this area. Countries which have at least developed their laws are Belize, Seychelles, New Zealand, Hong Kong, Zimbabwe, Vanuatu (formerly New Hebrides), and those which have proposed amendments in the abortion law are Barbados, England, Nigeria, and Australia. The authors also discuss the extent to which Commonwealth governments have exempted contraceptives from the scope of laws relating to abortion, how Commonwealth governments have incorporated newer technologies, what these governments have done to enable the delivery of abortion services by qualified personnel, and to which governments have accomodated abortion in laws focusing upon health and welfare. Many member countries recognize that women and men have a right to health care treatment outside the context of crime and punishment.