More than 100 academics have called on the New South Wales government to take abortion off the criminal code as Greens upper house member Mehreen Faruqi prepares to introduce the legislation.

Law and criminology academics from across the state have signed a letter saying it is time to decriminalise abortion and calling for privacy zones to be introduced around abortion service providers and clinics.

Luke McNamara, the University of New South Wales law professor who organised the letter, said criminal law should be kept in line with community expectations.

“In this context social values have changed, this is widely recognised, maybe not universally recognised, it’s appropriate for a woman to have the right to choose an abortion, and criminal law should not be inconsistent with that basic principle,” he said.

McNamara said the mere fact of abortion technically being defined as a criminal offence could be enough to stop some doctors performing the procedure.

“The symbolic effect [of taking abortion out of the criminal code] should not be underestimated. It is too easy to say as a matter of practice, ‘what does it matter?’. Well, it does matter, an inconsistent message is being conveyed to women, their friends, the broader community. We need to make sure it is not sending a contrary message with the criminal code.”

Faruqi is planning to introduce a bill decriminalising abortion in the coming months.

McNamara said it was important the distinction was made between people’s feelings and values and the laws.

“I fully appreciate, as all right-thinking people do, that indivduals are entitled to their own moral and religious views, but it doesn’t necessarily follow that those views be reflected in the criminal law ... this is an example where we are still being too cautious and we need to emphasise the separation between church and state,” he said.

Faruqi, a former engineering professor, said the support from the law and criminology academics was heartening.



“It’s very encouraging to see the legal academic community join the community at large, who overwhelmingly support what my bill will do,” she said.

“With an appreciation of the broader legal context as well as the fundamental absurdity of continuing to treat abortion as a crime, law and criminology academics are uniquely positioned to critically consider abortion law reform.”