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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2015/aug/27/abortion-clinic-or-health-clinic-there-is-no-sane-argument-against-safe-access-for-women

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Abortion clinic or health clinic, there is no real argument against safe access for women Abortion clinic or health clinic, there is no real argument against safe access for women
(about 4 hours later)
If a person, or group of people, lurked outside your home with obscene signs targeted at you, screaming abuse at you, refusing to leave, standing in your way, you would be within your rights to charge them for harassment, or stalking.If a person, or group of people, lurked outside your home with obscene signs targeted at you, screaming abuse at you, refusing to leave, standing in your way, you would be within your rights to charge them for harassment, or stalking.
If a person, or group of people, assembled in your place of work, shoving offensive material in your face, howling at you as a chorus, blocking you as you attempted to walk from one place to another, you’d have the opportunity to charge them with harassment, or bullying.If a person, or group of people, assembled in your place of work, shoving offensive material in your face, howling at you as a chorus, blocking you as you attempted to walk from one place to another, you’d have the opportunity to charge them with harassment, or bullying.
It’s a recognition that underscores a consensus value in Australia: that people have the right to go about their business as individuals without harassment, abuse or the malicious interference of others. It’s an underlying principle of civil law that the state, police and judiciary have the obligation to protect the citizenry from harm.It’s a recognition that underscores a consensus value in Australia: that people have the right to go about their business as individuals without harassment, abuse or the malicious interference of others. It’s an underlying principle of civil law that the state, police and judiciary have the obligation to protect the citizenry from harm.
Related: Melbourne city council cleared of failing to protect women from anti-abortion protestersRelated: Melbourne city council cleared of failing to protect women from anti-abortion protesters
Alas, at present, groups of people are gathering, lurking, displaying explicit and upsetting material, obstructing entrances, and verbally abusing Australian citizens outside a place of work – and because that workplace provides abortions, there is little the law is doing about it.Alas, at present, groups of people are gathering, lurking, displaying explicit and upsetting material, obstructing entrances, and verbally abusing Australian citizens outside a place of work – and because that workplace provides abortions, there is little the law is doing about it.
A legal team representing the East Melbourne Fertility Control Clinic has just lost an action brought against Melbourne city council for failing in their duty to protect women attempting to access reproductive health services, including but not limited to abortion, from the activities of a group organising under the name “The Helpers of God’s Precious Infants”.A legal team representing the East Melbourne Fertility Control Clinic has just lost an action brought against Melbourne city council for failing in their duty to protect women attempting to access reproductive health services, including but not limited to abortion, from the activities of a group organising under the name “The Helpers of God’s Precious Infants”.
This is not a quiet prayer group meeting on the corner, alternating rosaries with some knitting, but an aggressive, American-styled group with members identifying as “sidewalk counsellors” and “pro-life missionaries” who have been stationed in one form or another outside the clinic for 20 years.This is not a quiet prayer group meeting on the corner, alternating rosaries with some knitting, but an aggressive, American-styled group with members identifying as “sidewalk counsellors” and “pro-life missionaries” who have been stationed in one form or another outside the clinic for 20 years.
Their antics include chanting “don’t kill your baby”, distributing pamphlets containing medically misleading statements about terminations and contraception, displaying material depicting mutilated babies, presenting women and clinic staff with fake money smeared with fake blood, getting in the way of women trying to walk through the door, and even screaming at passers by. Their antics include chanting “don’t kill your baby”, distributing pamphlets containing medically misleading statements about terminations and contraception, displaying material depicting mutilated babies, presenting women and clinic staff with fake money smeared with fake blood, getting in the way of women trying to walk through the door, and even screaming at passers by.
They provide an intriguing definition of “help” to “precious infants” – staff of the clinic told me of one incident where the protestors told a four-year-old child accompanying his mother into the clinic that she was going to murder his little brother that day. One protestor is currently appealing a conviction for displaying offensive material.They provide an intriguing definition of “help” to “precious infants” – staff of the clinic told me of one incident where the protestors told a four-year-old child accompanying his mother into the clinic that she was going to murder his little brother that day. One protestor is currently appealing a conviction for displaying offensive material.
In 2002, anti-abortion activist Peter James Knight was convicted of murdering a security guard in the clinic’s foyer.In 2002, anti-abortion activist Peter James Knight was convicted of murdering a security guard in the clinic’s foyer.
Women are not attending the clinic solely for the purposes of abortion but the protestors make no distinction in their harassment of patients. Among women seeking contraception, pap smears and other sexual and reproductive health services, there are women attending the clinic for sexual violence counselling, and also counselling and care for miscarriage.Women are not attending the clinic solely for the purposes of abortion but the protestors make no distinction in their harassment of patients. Among women seeking contraception, pap smears and other sexual and reproductive health services, there are women attending the clinic for sexual violence counselling, and also counselling and care for miscarriage.
The behaviour of the protestors is so intense in its hostility that women in medically and psychologically vulnerable states have delayed necessary treatment at the clinic for fear of confrontations. In the interest of their health, safety and a deserved right to privacy, the clinic demanded that the local council act on its legal duty to address the “nuisance” of the protestors. The council, however, suggested the clinic should “settle it privately” with the help of police. When the police said they could do nothing, citing a limitation of their present powers, the clinic brought the action to court.The behaviour of the protestors is so intense in its hostility that women in medically and psychologically vulnerable states have delayed necessary treatment at the clinic for fear of confrontations. In the interest of their health, safety and a deserved right to privacy, the clinic demanded that the local council act on its legal duty to address the “nuisance” of the protestors. The council, however, suggested the clinic should “settle it privately” with the help of police. When the police said they could do nothing, citing a limitation of their present powers, the clinic brought the action to court.
The action failed on the judge’s interpretation of an administration law, believing evidence to be indeterminate regarding whether council had made an appropriate investigation into the “nuisance”. That the protestors are certainly a nuisance, public and private, was acknowledged by the judge, opening a possibility for further action down the line. The action failed on the judge’s interpretation of an administration law, believing evidence to be indeterminate regarding whether council had made an appropriate investigation into the “nuisance”. That the protestors may indeed pose a nuisance to the clinic was acknowledged by the judge, opening a possibility for further action down the line.
The issue here is not actually abortion, or people’s right to it; that right has been granted in the state of Victoria, that battle is presently won. The issue now is that the law is failing women who should have right to go about legal individual activity without threats, intimidation, harassment or harm.The issue here is not actually abortion, or people’s right to it; that right has been granted in the state of Victoria, that battle is presently won. The issue now is that the law is failing women who should have right to go about legal individual activity without threats, intimidation, harassment or harm.
Related: A scientist weighs up the five main anti-abortion argumentsRelated: A scientist weighs up the five main anti-abortion arguments
By way of reform, Victorian MP Fiona Patten had brought a bill to the Victorian parliament, seeking to enforce a 150m exclusion zone around the clinic so women can access its services in safety. The bill will be debated next week.By way of reform, Victorian MP Fiona Patten had brought a bill to the Victorian parliament, seeking to enforce a 150m exclusion zone around the clinic so women can access its services in safety. The bill will be debated next week.
But human rights commissioner Tim Wilson does not support exclusion zones, saying that would take things too far. He said on radio 3AW:But human rights commissioner Tim Wilson does not support exclusion zones, saying that would take things too far. He said on radio 3AW:
I have no issue whatsoever with making sure people enter these clinics without harassment, or violence, or threats of intimidation. But when you actually make it unlawful to express their opinion I think that goes too far.I have no issue whatsoever with making sure people enter these clinics without harassment, or violence, or threats of intimidation. But when you actually make it unlawful to express their opinion I think that goes too far.
What I think we should do is better define what harassment means. Make harassment unlawful and focus on the actual mischief, rather than create these buffer zones which take it too far.What I think we should do is better define what harassment means. Make harassment unlawful and focus on the actual mischief, rather than create these buffer zones which take it too far.
Let us all remind Tim Wilson that the protestors have the right to espouse whatever woman-hating, fact-free nonsense they like on the internet, in their publications, broadcasts or gatherings – right up to 150m from the clinic itself.Let us all remind Tim Wilson that the protestors have the right to espouse whatever woman-hating, fact-free nonsense they like on the internet, in their publications, broadcasts or gatherings – right up to 150m from the clinic itself.
No one is stopping them swapping their obscene material among themselves, smearing themselves in fake blood or yelling at one another whenever they like. Their free speech rights are not limited by Patten’s proposal. What’s limited is the human rights of every woman and staff member trying to access a health clinic.No one is stopping them swapping their obscene material among themselves, smearing themselves in fake blood or yelling at one another whenever they like. Their free speech rights are not limited by Patten’s proposal. What’s limited is the human rights of every woman and staff member trying to access a health clinic.