Black Friday Sale! Save huge on InvestingProGet up to 60% off

RPT-Court says Australia cannot force asylum seeker to have abortion in PNG

Published 09/05/2016, 07:21 am
Updated 09/05/2016, 07:30 am
RPT-Court says Australia cannot force asylum seeker to have abortion in PNG

(Repeat story published on Saturday)

By Peter Gosnell

SYDNEY, May 7 (Reuters) - A pregnant woman who says she was raped at an Australia detention centre for asylum seekers on the tiny South Pacific island of Nauru cannot be forced to have an abortion in Papua New Guinea because it is unsafe and illegal, a court has ruled.

Under Australia's hardline immigration policy, asylum seekers intercepted at sea trying to reach Australia are sent for processing to camps on Nauru and on Manus Island in Papua New Guinea and are told they will never be settled in Australia.

The harsh conditions and reports of systemic child abuse at the camps, which house asylum seekers fleeing violence in Syria, Iraq, South Asia and Africa as well as those deemed economic migrants, have drawn wide criticism from the United Nations and human rights groups.

The African woman, identified in court documents only as S99, has claimed she was raped while she was in Nauru and has sought an abortion in Australia.

Australian Immigration Minister Peter Dutton however ordered that she should be sent to Papua New Guinea for the procedure, Australia's Federal Court heard.

Justice Mordecai Bromberg ruled late on Friday that the procedure was illegal in Papua New Guinea and that PNG lacked the medical expertise and facilities to treat several other undisclosed physiological and psychological conditions.

"The abortion in Papua New Guinea made available to the applicant is attended by safety and lawfulness risks that a reasonable person in the minister's position would have avoided," Bromberg said in his 150-page judgment, a heavily redacted copy which has yet to be published.

Bromberg also ruled that the woman should remain in PNG until at least May 15.

A spokesman for Dutton said the court's decision was "under consideration" and foreshadowed an appeal.

The woman's lawyer, George Newhouse, said PNG law prohibits abortion, although there are exemptions for when the procedure is needed to save a mother's life.

Australia has been at loggerheads with PNG since the government ordered the Manus Island camp closed late last month. The camp, which holds about 850 people, had been ruled illegal by the PNG Supreme Court. number of people trying to reach Australia is small compared with Europe but immigration has long been a hot political issue and has flared again during campaigning for likely July elections. people have set themselves alight this month in protest at their treatment in the Nauru camp. A 23-year-old Iranian man died and a young Somali woman is in critical condition in an Australian hospital.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.