Health CEDAW Arts: 12 SDGs: 5 | 3 Abortion 32. Women in New Zealand do not have the right to an abortion on request. Under the Crimes Act 1961, procuring an abortion or supplying the means of procuring an abortion are crimes if carried out unlawfully.36 The term “unlawfully” is defined in section 187A of the Act, which stipulates that an abortion will not be unlawful if performed earlier than 20 weeks into the pregnancy and if one of four grounds is met, including that the it is believed that continuance of the pregnancy would result in serious danger to the life, physical or mental health of the woman or there is a substantial risk that the child would be so physically or mentally abnormal as to be seriously handicapped.37 33. An abortion is only lawful after 20 weeks’ gestation if the person performing it believes that it is necessary to save the life of the woman or to prevent serious permanent injury to her physical or mental health.38 In order to obtain an abortion, the procedure must be authorised by two separate certifying medical consultants to confirm that the statutory requirements have been met.39 34. The current law has been described as outdated and clumsy leading to difficulties in understanding the requirements and problems applying the rules in practice.40 To greater recognise women’s right to health, abortion should be decriminalized. 35. In February 2018, the Minister of Justice proposed a policy shift to treat abortion as a health issue.41 The Minister has asked the Law Commission to review the criminal aspects of abortion law, the statutory grounds for an abortion and the process for receiving service.42 The advice is due on 27 October 2018. Recommendation 8 a. Repeal sections 182-187A of the Crimes Act 1961. b. Repeal the provisions of the Contraception, Sterilisation and Abortion Act that make it an offence for a woman to unlawfully have an abortion or for a medical practitioner to unlawfully provide an abortion and require the authorization of two certifying consultants before an abortion can be performed. 36 Crimes Act 1961, Section 183-186 Section 187A(1) 38 Ibid. Section 187A (3) 39 Contraception, Sterilisation and Abortion Act 1977, Section 33. 40 Report of the Abortion Supervisory Committee (2016), https://www.justice.govt.nz/assets/Documents/Publications/ascannual-report-2016.pdf 41 Letter available: http://www.lawcom.govt.nz/sites/default/files/projectAttachments/180227-LITTLE%20Hon%20ALaw%20Commission%20referral%20re%20abortion%20law.pdf 42 Law Commission (2018) Abortion Law Reform, http://lawcom.govt.nz/abortion 37 12