c.
Ensure equitable access to medical and surgical abortion services.
d.
Provide, within one year, information on the steps taken to treat abortion as a health
care, rather than a criminal issue.
Sterilisation
36.
Sterilisation is legal in New Zealand under the Contraception, Sterilisation and Abortion
Act. The consent of an intellectually disabled girl under the age of 18 is not required
before sterilisation can be performed. The Care of Children Act provides that a minor’s
guardians together with the appropriate medical professionals have the authority to
decide which medical treatments they will receive,43 and the High Court has observed
that court authorisation for sterilisation is not required.44 In similar jurisdictions, such
as Australia, a court order is required before sterilisation can occur.
Recommendation 9
Enact legislation prohibiting the use of sterilisation on boys and girls with disabilities, and
on adults with disabilities, in the absence of their prior, fully informed, and free consent.
Maternity care
37.
There is a shortage of midwives, who act as lead maternity carers for most New Zealand
women. This shortage is attributed to low pay, high overhead costs, and travel costs not
being covered by the funding contract. Over 140 women in Canterbury were unable to
find a lead maternity carer over the 2017/18 Christmas period.45 The Government
recently announced that the Ministry of Health and the New Zealand College of
Midwives are working together on a maternity programme to address current pressure
on midwives.
Recommendation 10
Report back to the Committee within one year on measures taken to address the current
critical shortage of midwives.
43
Care of Children Act 2004 s36(1)
Re X [1991] 2 NZLR 365 (HC)
45Henry, Dubby (2018) Midwifery in 'crisis' with pregnant women unable to find lead maternity carers,
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11997502
44
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