Legal regulation of conscientious objection to abortion in Australia: qualitative study among key interest-holders

Abstract

Conscientious objection (CO) provisions exist in abortion legislation in each Australian state and territory. These provisions embody a compromise approach to regulation—permitting conscientious objectors to opt out of abortion care they object to in certain circumstances, provided they fulfil prescribed obligations to facilitate abortion seekers’ access to lawful abortion care. However, evidence suggests that, in practice, current regulatory approaches are not operating optimally or serving their policy goals. In this article, we report the findings from a qualitative study exploring the perspectives and experiences of 41 interest-holders about Australia’s current approach to CO legal regulation in relation to abortion. Using framework analysis, we identified five themes: the desirability of protecting CO in Australian abortion law; boundaries placed on the scope of CO protections; striking a balance through the imposition of obligations; the limitations of current Australian CO legal provisions; and effective regulation of CO is beyond the contours of law. Our study found some support for a compromise approach to CO regulation, but identified a need to improve current regulatory approaches. While some improvements could be made to legislation, an effective regulatory response will likely need to be multi-pronged and consider the role of other regulatory instruments.