Reproductive Health Regulation in Australia: Balancing Rights & Norms

This essay discusses the regulation of reproductive health in Australia, focusing on reproductive rights, surrogacy, and cross-border reproduction. It emphasizes the importance of women's access to safe, effective, and affordable healthcare services and their ability to make informed decisions about their reproductive health. The essay also explores the influence of socio-economic factors, cultural norms, and family values on reproductive choices. While Australian law recognizes the autonomy of women in healthcare decisions, societal norms and values often impact these choices. The essay further examines the ethical, moral, and legal controversies surrounding family planning, abortion, and access to healthcare services. It also highlights the importance of access to contraception, sex education, and medical services in ensuring good reproductive health for women. Desklib offers this essay and many other resources for students.

Running head: REGULATION OF REPRODUCTIVE HEALTH
Regulation of Reproductive Health
Name of the Student
Name of the University
Author Note

1REGULATION OF REPRODUCTIVE HEALTH
Reproductive health not only implies absence of infirmity or disease but it encompasses
an overall mental, physical and social well-being of a woman from the reproductive system, its
functions and procedures at all stages of her life. In other words, reproductive health implies
entitlement of a woman to a satisfying responsible and safe sex life having the capability and
freedom to make decisions regarding reproduction. This right inherently includes the
accessibility right and right to be informed of effective, safe, acceptable and affordable
reproductive health services. They must be entitled to have accessibility to health care services to
ensure a healthy and safe pregnancy and childbirth, thus, having the opportunity to have a
healthy infant. Every woman is entitled to the right to attain highest standard of mental and
physical health (Sifris and Belton 2017).
In Australia, the legal framework related to reproductive health ensures that women have
accessibility to health care services that are effective, safe and affordable. It also ensures to
provide adequate decision to women to assist her in making appropriate decisions. Although the
legal framework of the country regulates various aspects of reproductive health such as
reproductive rights, surrogacy, cross-border reproduction, the essay shall entail discussion about
reproductive rights as one such specific area of regulation of reproductive health (Sifris and
Belton 2017). Further, it has been often observed that several socio-economic factors influence
the decisions related to reproduction, such as the prevailing cultural norms and values of family
of woman. It shall further explain how the reproductive health regulations in Australia rely only
on the ability of woman to make decisions regarding her reproductive health and the prevalence
of effective health care services.
According to Szirom (2017), sexual and reproductive health which includes maternal
health is a priority for every woman and Australian women is no exception. This can be achieved

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if both the reproductive and sexual health is taken into consideration within cultural and social
lives of women. As mentioned earlier that reproductive health does not merely imply that
absence of diseases but an overall well-being of the women. The reproductive health is
influenced by various cultural, political and socio-economic environmental factors. Amongst
such factors, the women’s position in the society in terms of their control over their bodies,
reproductive lifestyles and choices, significantly influences the reproductive health of women.
However, Thomas and Aggleton (2016) states how other issues like family cultural norms and
values, structural issues related to health services equally affects the reproductive health of a
woman.
Zimmerman (2015) argues that while sexual health is completely biological, however, the
perception related to reproduction and sexuality have become cultural trend that is shaped by
cultural as well as social structures like gender roles, religious values and most importantly,
family expectations. In regards to the role played by cultural norms and dominant narratives of
family, many consider educating their children about sex as inappropriate because either they
themselves lack sufficient knowledge about reproductive health or they are concerned about how
much information must be disseminated and at what age. This is based on the belief that the
provision of information shall encourage young people to engage in sexual activities.
Zimmerman (2015) asserts that usually family members are influential sources of
attitudes, beliefs and values for youth and children. They are perceived as role models who are
responsible for shaping the concept of gender roles for the young people, thus, enabling them to
make appropriate choices regarding their sexual conduct. The parents and other family members
must provide adequate information about the prevailing cultural norms and values regarding
reproductive health may be by narrating their personal experiences. On the contrary, Thomas and

3REGULATION OF REPRODUCTIVE HEALTH
Aggleton (2016) states that since the family members themselves lack appropriate information
about reproductive health and the prevailing reproductive rights often feel reluctant to discuss
about the topics. At times, they themselves fear about the consequences that arose from their
own negative sexual experiences. Consequently, Thomas and Aggleton (2016) agrees that due to
lack of adequate information availability, especially, young people use other sources to seek their
answers like peers, media and their observation of other adults. This often results in
misinformation which further enhances the probability of damaging the myths and making the
young people more vulnerable to unprotected sexual experiences than they would have, if they
were properly guided and adequately informed about the consequences.
Ability
As understood, family plays an important role in providing early knowledge about
reproduction, reproductive health and the reproductive rights, which further prevents unwanted
pregnancies and other sexual related issues, however, the role of family does not ends here. In
regards to decisions to be made by women in terms of her reproduction, her decision is often
influenced by the familial experiences, values and norms. In other words, Szirom (2017) states
that whether the decision is pertaining to family planning or terminating the pregnancy, the
ability of the woman to decide is influenced by several socio-economic and cultural factors. The
lack of inadequate information regarding reproductive rights is another factor that impedes the
ability of women to take decisions regarding her reproductive health, which enables the above
mentioned factors to influence such decision.
Szirom (2017) states that the Australian legal framework recognizes the importance of
the decision taken by the woman in terms of her reproductive health and therefore, have

4REGULATION OF REPRODUCTIVE HEALTH
introduced the principle of autonomy in the context of health care which entitles a woman to
make her own decision regarding her reproduction or reproductive health. The ability of women
or her competency to participate in any decision-making process equally that is related to her
reproductive health has been upheld in the case of Planned Parenthood of Southeastern
Pennsylvania v Casey. In this case, the Supreme Court held that the ability of women to take
part in the social and economic life of the nation equally can only be made possible by enabling
them to exercise control over their reproductive lives.
Starrs et al. (2018) further explains that the reproductive rights are part of the basic
human rights to which every woman is entitled and denial of such right shall violate her human
rights. Reproductive rights include the right to accessibility to contraception, affordable abortion,
sex education and medical services that are essential to ensure a good health, altogether. Sifris
and Belton (2017) agrees that every woman must have the ability to plan their pregnancies
considering their future decisions and leaving scope to make better decisions about their career,
education and work. This will not only prevent unwanted pregnancies but shall also ensure good
reproductive health of women.
In the contemporary era, reproductive rights had given rise to several ethical, moral and
legal controversies pertaining to family planning, abortion, health care services accessibility and
birth control. At present, the subject of reproductive rights persists to be a politically as well as
emotionally charged issue, particularly, with the advent of recent legal provisions and
technologies. Savulescu and Schuklenk (2017) states that while the Australian human right laws
regarding reproductive health of woman recognizes the consent and ability of the women to
make decision, at the same time, such decisions are often influenced by the dominating societal
culture norms and values. For instance, the right to sex education and right to plan as well as

5REGULATION OF REPRODUCTIVE HEALTH
terminate pregnancy is mostly influenced by societal norms and values. This is because as
observed earlier those most family members are reluctant to discuss about sexual activities and
related information, hence, they do not encourage sex education as well. Further, while planning
a pregnancy, lack of sex education and insufficient information often results in unwanted
pregnancies.
Furthermore, the laws regulating reproductive rights of the minors have restricted them
from exercising control over their bodies and have relied on the parents of the minors for making
decisions regarding their reproductive rights on their behalf. Similarly, the decision related to
abortion rights taken by adult women are also restricted or are influenced especially by societal
norms like aborting the baby is a sin and should be prohibited. Further, Rowlands et al. (2015)
several arguments have been made in this respect where the pro-life advocates argue that a fetus
being a living beings at the time of contraception should be safeguarded and the act of abortion
should be criminalized. On the other hand, the pro-choice contends that abortion falls within a
constitutional right to privacy, as they believe that such choice to terminate pregnancy must exist
between the doctor and the individual.
The reproductive rights include the rights to accessibility to health care especially
primary health care such as appointment with general practitioners and obtaining professional
guidance from other health care providers (Ouellette 2015). The accessibility to such
reproductive services amounts to a fundamental reproductive right as it shall prevent the
occurrence of any chronic health condition that might arise due to reproduction. Besides
preventing the occurrence of chronic health conditions, the reproductive rights to adequate health
care also enables early detection of any such issues, which results in timely treatment of such

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chronic health diseases or at least, assists women in dealing with such chronic health condition
arising from reproduction.
In the past twenty five years, the incline in the accessibility to contraception including
adequate information about abortions family planning and contraception have been an essential
element to a health care package that has assisted millions of women from dying due to poor
reproductive health conditions (O'Rourke 2016). The Australian government has committed to
continue with the International Planned Parenthood Foundation.
The right to terminate pregnancy is one of the significant reproductive rights, which have
been restricted due to ineffective implementation of policies related to abortion rights, thus,
compelling women to rely on the decision of territory and state governments regarding their
reproductive right to abortion. Apart from the restrictions on reproductive rights of the women to
terminate their pregnancy, they are subjected to restriction with respect to the accessibility to
private and public funded health care services as well (Narasimhan et al. 2016).
Legro (2016) argues that in the Australian state of Victoria, where the women are
permitted to exercise their reproductive rights to abortion, any women who seeks to obtain
adequate information about reproduction or any related information are provided with sufficient
knowledge about contraception which are reliable and successfully reduces the risk of planning
an unplanned pregnancy in the future.
The primary argument that arises here is whether the inclusion of ability of women and
availability of health care services within the Australian legal framework ensures good
reproductive health. Legro (2016) states that the Australian legal framework supports ability and
health care services relating to reproductive rights is further evident from the various legislations

7REGULATION OF REPRODUCTIVE HEALTH
and regulations that includes rights to Assisted Reproductive Treatment (ART) procedures that
have been developed to ensure a sound reproductive health. Such ART legislations have been
implemented throughout the Australian territories and states. However, Huang et al. (2018) sates
that presently, there are no Commonwealth legislation that shall regulate such technology
assisted reproductive treatment. Nevertheless, the enactment of the Family Law Act 1975 (Cth),
Research Involving Human Embryos Act 2002 (Cth) and the Prohibition of Human Cloning
for Reproduction Act 2002 (Cth) usually regulates the ART procedures. Further, the
Reproductive Technology Accreditation Committee (RTAC) ensures that ART clinics must
comply with ART laws.
However, in New South Wales, the significance of reproductive rights of women to
private and safe accessibility to reproductive health service has been recognized as is evident
from the passing of the Public Health Amendment (Safe Access to Reproductive Health
Clinics) Bill. Helmer et al. (2018) states that this marks a positive initiative towards ensuring
women towards safe reproductive health services reaffirming dignity, well-being and safety of
women that is in need of such services. The bill was passed to prevent women from undergoing
violence and other forms of abuses for obtaining health care services from the medical
professionals. Similarly, other Australian states like the Northern Territory, the ACT, and
Victoria, Tasmania have also ensured that reproductive rights like abortion rights, accessibility
to health care services are upheld. This initiative signifies that the Parliament is against all such
acts or omissions that amount to violence against women, and ultimately, contravening their
reproductive rights (Helmer et al. 2018).
According to Emanuel (2018), despite such a commendable initiative, the reproductive
rights to terminate pregnancy remains a criminal act as per NSW legal provisions. Despite

8REGULATION OF REPRODUCTIVE HEALTH
ensuring that women are entitled to exercise their reproductive rights and may abort the unborn
under certain exceptional circumstances such as life threatening of the mother, etc, the ultimate
decision lies with the doctors. The health care professionals must undertake decision whether
such termination fall within the exceptions regardless of the choice of the mother. This is
because the Bill although encourages exercising of reproductive rights but does not decriminalize
the act of abortion unless it falls within the category of exceptions. Eager (2017) argues that in
the present era, the doctors as well as women are subjected to the risk of being prosecuted for
undergoing any safe procedure to terminate pregnancy or access any health care services. It is a
complete contravention of the basic human rights of women in Australia.
Eager (2017) states while some Australian states have legalized abortion rights, women
continue to experience impediments with respect to their accessibility to the health care services.
Doran and Hornibrook (2016) states that it is already established that obtaining health care
services from medical professionals or health care providers is essential to ensure a good
reproductive health, the absence of such services often gives rise to complications resulting in
death of the mother or the child or both.
Dobson and Ringrose (2016) agrees that despite significant improvements made in the
health sector with respect to Australian women in the past decades, the entire community has not
been able to enjoy such improvements as certain groups of Australian women, particularly, the
aboriginals and Torres islanders women experience worse health than the general population. For
the aboriginals and Torres Islanders women are subjected to social factors mostly, that affects the
health services as well as sexual health resources and information. Dobson and Ringrose (2016)
states that while exploring reproductive health demonstrates the need to provide health
education, prevention strategies and health promotion especially for the marginalize population

9REGULATION OF REPRODUCTIVE HEALTH
group like the Torres islander women, older and young women, bisexual and lesbian women and
women with disabilities. For instance, women with disability are subjected to myths in relation to
their sexuality and imparting the concept that they are non-sexual, hence they do not require any
sex education.
Although the legal framework supports ability of the women to undertake decisions
regarding the reproductive health and has enacted legislations that provided accessibilities to
health care services, but, it ultimately leaves the final decisions regarding reproductive decisions
pre-dominantly with the medical professionals. Despite legal regulations, Dix (2018) states that
certain politicians and federal legislators have made such reproductive health issues a political
issue instead of ensuring that the ultimate decision regarding availing of health care services or
termination of pregnancies lies with the women instead of the doctors. This is because it has
made the right to exercise control over their reproductive health for women misleading,
especially the aboriginals and the marginalized group of women.
There are certain ethical considerations that may originate from reproduction control with
respect to women health as well. De Moel-Mandel and Shelley (2017) states that the health of
women may be enhanced if women are provided with the opportunity to make choices regarding
contraception, abortion, application of reproductive technologies. The other ethical dilemmas
that may arise from the legislations regarding ART include right to reproduce or whether it is
morally acceptable to intervene with the reproduction procedure. Furthermore, de Costa and
Douglas (2015) states that in regards to induced abortion may give rise to ethical dilemmas
regarding safeguarding the life of mother versus safeguarding the life of the embryo. () argues
that where the legislations that support women’s ability to terminate the pregnancy and have
permitted them to exercise their right to pregnancy, it might face issues like impact of such

10REGULATION OF REPRODUCTIVE HEALTH
abortion on the lives of women or whether termination of pregnancy is necessary and falls
within the exceptions that validates abortion.
Although the Australian legislations, regulations have enhanced accessibility of women
to health care services, which permits the women to exercise their reproductive rights, the
legislations are not sufficient to ensure overall wellbeing of woman including a safe and healthy
reproductive health. Further, in order to uphold the statement of the court in Pennsylvania’s case
that ability of women to equally participate in the social and economic life of the nation is
possible only if she becomes the ultimate decider of her reproductive life. de Costa and Douglas
(2015) states that a strong reproductive health can only be achieved if women are able to exercise
her reproductive rights as it will help her to plan her pregnancy after considering all options for
her work, career and other responsibilities.
The reproductive regulatory framework only ensures that women may be have access to
health services though are not the ultimate decider, but such legal framework fail to give more
emphasis on the main element of ensuring reproductive health which is sex education. The lack
of adequate information is the ultimate cause, which results in unwanted pregnancies affecting
the health of the woman or young females. The most essential element of reproductive health is
to provide sexual education for teenagers. The young people who are often misled by inadequate
information about their sexual health are likely to become pregnant which ultimately affects their
career and life. Chambers et al. (2017) states that for these teenagers, when it comes to exercise
their other reproductive rights such as right to terminate their pregnancy, such rights are
restricted to either their parents or doctors. The fear that often holds back families from
disseminating information about sexual activities is that such information might induce them to

11REGULATION OF REPRODUCTIVE HEALTH
be involved in one, could be avoided by imparting information that is not only age-appropriate
but also medically accurate.
From the above discussion, it can be inferred that despite the ethical or legal dilemma that
may arise with respect to technological advancements in reproductive health, it cannot be denied
that such development in terms of introduction of parental education programs and sex education
programs has reduced mortality rate of women and child. This is because such programs provide
detailed information about contraception and outcomes of unprotected sexual activities along
with its impact on the health. The present scenario where the reproductive health regulations
supports ability of women in taking decisions regarding reproduction is acceptable but it is also
necessary to fill in the gaps that exist which hold back women from being the ultimate decider
regarding her reproductive health (Botfield, Newman and Zwi 2017).
It has become imperative to strike a balance between human rights of women to exercise
her reproductive rights and the human right of a fetus, which has a right to life. The only way to
balance between the two is to enable women an opportunity to make family planning considering
her personal career and other responsibilities. The socio-cultural norms have always acted as
impediment for the women and have restricted her to exercise her reproductive rights either on
the grounds of incompetency to decide (teenagers and young people, disability) or by burdening
her with her ethical obligations towards the fetus, disregarding her own physical health.
This requires stringent policies that will ensure that every woman is entitled to all the
reproductive rights including the right to sex education, right to abortion, accessibility to family
planning services and other health care services that will assure a good reproductive health
(Bennett 2017). As the legal framework has enabled women to have access to the reproductive