12 September 2013 The Hon Barry O'Farrell, MP Premier By email

Dear Mr OFarrell, Crimes Amendment (Zoes Law) Bill 2013 (no. 2) Equality Rights Alliance is a national network of 60 womens organisations working together to advocate for womens rights and gender equality. We are writing to pass on the concerns raised by a number of our member organisations about the Crimes Amendment (Zoes Law) Bill 2013 (no. 2). ERA advocates for policy which recognises and protects the physical integrity and safety of womens bodies (including their foetuses), particularly in the area of preventing violence against women. We recognise that this Bill is intended to address to some extent the pain and loss that follows damage to a foetus and we acknowledge the traumatic events which gave rise to the Bill. However, we are concerned that this Bill has the potential to violate the reproductive rights of women in NSW and create a level of legal complexity and confusion which is not ultimately in the interests of individual women or the broader community. ERA member organisations have raised a number of concerns about the Bill, including: concerns about the lack of any public consultation regarding this Bill; concerns that the Bill is unnecessary, as NSWs criminal law already provides a serious offence of grievous bodily harm for the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm. This offence carries a maximum penalty of 25 years imprisonment and is a more appropriate mechanism for dealing with violent injury to a womans foetus than investing a foetus with legal identity;

Equality Rights Alliance Womens Voices for Gender Equality Level 5, 161 London Circuit, Canberra ACT 2602 | PO Box 1022 Dickson ACT 2602 T: 02 6175 9926 | F: 02 6175 9993 | E: era.admin@ywca.org.au www.equalityrightsalliance.org.au

concerns about the potentially complex legal implications of giving legal personhood to an unborn foetus; fears that the draft law is an attempt to undermine women's rights by changing the legal status of a foetus. Given that abortion is currently illegal under the NSW Crimes Act 1900, there is significant concern that the Bill may operate to weaken the right of women to access safe and legal pregnancy termination. We note that the reproductive rights of women are protected under article 16 (1) (e) of the Convention on the Elimination of All Forms of Discrimination Against Women. concerns about the use of the imprecise and highly emotive term unborn child in the legislation; and concerns that the Bill may be used to restrict the behaviour of pregnant women, particularly those whose ability to consent to a medical procedure may be open to interpretation by a court. This is of particular concern in the case of young women and women with disability.

In light of these concerns, we ask that you do not support this Bill. If you have any questions about this letter or would like to discuss this issue further, please feel free to call me on (02) 6230 5152 or 04065 822. Your sincerely,

Helen Dalley-Fisher Program Manager Equality Rights Alliance