Contraceptive rights in New Zealand

Contraceptive rights in New Zealand are extensive.[1] There are many options available to women seeking contraception. There are also options for men. Government funding keeps the cost of most types of contraception low in most cases. Family planning options in New Zealand are generally in keeping with the United Nations stance towards sexual and reproductive rights although the country has received criticism in some aspects.

Contraception as a human right

The United Nations believes that access to family planning services, including contraception, is a human right.[2] The United Nations Population Fund states that 'to maintain one's sexual and reproductive health, people need access to accurate information and the safe, effective, affordable and acceptable contraception method of their choice.[3]

The Convention on the Elimination of All Forms of Discrimination Against Women was ratified by New Zealand in 1985.[4] Article 12 of the convention states that 'States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.'[5]

New Zealand, as a State which has ratified the Convention, is required to give periodic reports to a convention monitoring committee. The Committee then replies with its concluding observations. New Zealand's most recent report was given to the committee at its 52nd session in July 2012.[4] The Committee stated in its concluding observations that it 'commends the State party for its advocacy on the protection of women's sexual and reproductive health rights'.[6]

History of contraception in New Zealand

In the earlier part of the 20th century, 'New Zealand did not have laws against the use of contraception, but there were regulations that stopped people finding out about birth control methods – and sex in general.'[7] The first birth control clinic was opened in Auckland in 1953 by the New Zealand Family Planning Association.[8] The pill became available in New Zealand in 1961, although its prescription was regulated to married women only.[9]

Teenage girls were unlikely to be taking the pill, and did not seek doctors' prescriptions for it. This was because they knew doctors would be unlikely to provide them with it as it was against the policy of the New Zealand Medical Association to do so, and because it was expensive for young women likely to be earning a low wage , or even none at all.[10]

In the 1970s the Family Planning Association criticised the governments' refusal to give them funding, pointing out that the prime minister had signed the 1967 United Nations World Leaders Declaration on Population, which advocated for contraception. In December 1971 the New Zealand cabinet approved its first grant to the Association.[11]

A national survey in 1979 revealed that over 66% of fertile women were using contraception.[12] In the 1990s a study showed 87% of women surveyed in New Zealand were using some form of contraception, a higher percentage of women than many other countries surveyed.[13]

The pill

The contraceptive pill is a common method of contraception in New Zealand along side the mini pill. In 2009 approximately 202,000 women in New Zealand were taking the pill.[14] The pill is not available over the counter in New Zealand. It is available by prescription by a health professional such as a general practitioneror a nurse. Nevertheless the New Zealand Family Planning website states that 'the pill is easily accessible to all women in New Zealand'.[9]

Although the age of consent is 16 in New Zealand, those under 16 can still be given contraception.[15] Parental consent for the provision of contraceptives to their children is not required. Section 3of the Contraception, Sterilisation, and Abortion Act 1977 regulating the provision of contraception to children was repealed in 1990.[16]

Subsidisation

Women are often able to have the cost of the pill subsidised by the New Zealand government. A funded prescription for a six-month supply of the pill is typically five New Zealand dollars, while an unfunded six-month supply could cost up to $100, depending on its type.[17] Appointment costs at Family planning clinics may also be subsidised: appointments are free for women under 22 years of age. For women 22 and older, appointments are five dollars for a community services card holder and $27 for those without a community services card.[17]

Issues

The Pill is currently classified as prescription medicine in New Zealand. However there is debate over whether it should be reclassified as restricted medicine, which would allow it to be sold over the counter in pharmaciesthroughout the country. The company Green Cross Health Ltd has lobbied to the Medicine Classifications Committee for reclassification since 2014.[18] The Classifications Committee has stated that it is concerned that sidelining the role of doctors in prescribing contraception may result in inadequate counselling and advice on sexual health. Green Cross has stated that pharmacists are 'well equipped to consult with women about their contraceptive needs'[18] and also claims that women would find it more convenient.

Contraceptive grant

The United Nations has stated that family planning is an essential component in reducing poverty.[2] This is also recognised in New Zealand. For women on various social security benefits, including girls who are dependent on a parent who receives a benefit, there is a contraceptive grant available which covers the cost of long-acting reversible contraception.[19]

Other forms of contraception available

Condoms

Another common form of contraception in New Zealand is the condom. These are commonly available at supermarkets and pharmacies in New Zealand. There is no age restriction on buying condoms. These are also available on prescription from a doctor or family planning nurse. When purchased on prescription, they are subsidised and cost $5 for up to 144 condoms. This is significantly cheaper than buying condoms from a store, where the price can be up to $20 for one pack of 12 condoms.[17]

Implants

Jadelle contraceptive implants are available in New Zealand. These implants are fully funded, although there is a $22 charge for dressing and prescription at family planning clinics.[17]

IUDs

The copper IUD has been available in New Zealand since the 1970s.[20] The New Zealand Family Planning website lists it as being available at no cost to New Zealand residents.[17]

The mirena device is available in New Zealand for a fee of $333. In certain circumstances where there are health considerations, this can be largely subsidised and reduced to $5.[17]

Implanon

The implanon is available in New Zealand. It costs around $270 for New Zealand residents from a family planning clinic.[17]

Sterilisation

Sterilization is a popular method of contraception in New Zealand. It has been claimed by academics that 'sterilization has become the preferred method of fertility regulation among women of older reproductive ages.'[21] Often one or the other partner in a relationship undergoes sterilization. Women undergo tubal ligation and men undergo a vasectomy. New Zealand Family Planning reports that the country has 'one of the highest rates of vasectomy in the world' with 18% of men and 25% of married men having undergone the procedure. Doctors may object to performing sterilisations on conscience grounds but must refer the patient to another practitioner.[22]

The emergency contraceptive pill

The emergency contraceptive pill is available in New Zealand. It is able to be purchased over the counter at pharmacies without a prescription for around $40–$80. Alternatively, they can be obtained for free from a family planning clinic, or at a cost of $5 for a three-pill prescription.[17]

Abortion

The United Nations stance on abortion

The Office of the High Commissioner on Human Rights states on its online information series on sexual and reproductive health rights that for women, safe access to abortion is a 'human right'. it further states that 'criminalization of health services that only women require, including abortion, is a form of criminalization against women'.[23]

In the 57th session of the Committee on the Elimination of Discrimination against Woman in February 2014, it was stated that abortion should be available in cases where the pregnancy was the result of rape or incest, where there is a threat to the life and/or health of the mother, and where the fetus is seriously impaired as a minimum standard.[24]

United Nations criticisms of New Zealand

In the concluding observations of the Committee on the Elimination of Discrimination against Women following New Zealand's report in 2012, the Committee criticised New Zealand's abortion laws.[25] The committee was concerned that as abortion is still criminalized, women with unwanted pregnancies were at risk of seeking unsafe illegal abortions. It also pointed out that as the law stands, most women seeking abortion are relying on the 'benevolent interpretation of a rule which nullifies their autonomy'.[25] The Committee urged New Zealand to review its abortion law.

Abortion legislation

In New Zealand abortion is criminalised by the Crimes Act 1961. Section 183 of the Act states that anyone performing an abortion illegally 'is liable to imprisonment for a term not exceeding 14 years'.[26] There are exceptions to this listed in section 187A of the Act. An abortion is not illegal if the pregnancy is the result of incest or where the fetus is severely handicapped, or when the continuation of the pregnancy would result in serious danger to the life, physical health or mental health of the woman. Rape and extremes of age may also be taken into account.[26] The Contraception, Sterilization and Abortion Act 1977 regulates the procedure for granting abortions. Two separate medical consultants must certify that they believe one of the exempting grounds is applicable to the woman. They are not required to give reasons as to why they believe this.[27] There are no age restrictions on abortion and they are performed free of charge to New Zealand residents.[28]

Interpretation

Legal experts have claimed that the mental health exception has been widely interpreted, with between 97–98% of abortions in New Zealand performed to avoid serious danger to the mental health of the pregnant woman.[27] In 2014 it was reported that an estimated 15,000 women in New Zealand have an abortion each year.[29] Anti-abortionists have criticised the application of the abortions laws, even taking the Abortion Supervisory Committee to court several times. An example of this is the 2008 case of Right to Life New Zealand Inc v Abortion Supervisory Committee. Miller J of the High Court of New Zealand stated in his judgment in this case that 99% of women who apply for abortion are granted one and it seemed to him that abortion law was being interpreted in a much more liberal way than the legislation intended.[30]

See also

References

  1. ↑ Smyth, Helen (2000). Rocking the cradle : contraception, sex, and politics in New Zealand. Wellington, N.Z.: Steele Roberts Ltd. p. 210. ISBN 1-877228-16-8.
  2. 1 2 "Family planning | UNFPA – United Nations Population Fund". www.unfpa.org. Retrieved 30 April 2016.
  3. ↑ "Sexual & reproductive health | UNFPA – United Nations Population Fund". www.unfpa.org. Retrieved 30 April 2016.
  4. 1 2 "CEDAW | National Council of Women of New Zealand". www.ncwnz.org.nz. Retrieved 30 April 2016.
  5. ↑ "CEDAW 29th Session 30 June to 25 July 2003". www.un.org. Retrieved 30 April 2016.
  6. ↑ "CEDAW Concluding Observations" (PDF). Retrieved 30 April 2016.
  7. ↑ Taonga, New Zealand Ministry for Culture and Heritage Te Manatu. "5. – Contraception and sterilisation – Te Ara Encyclopedia of New Zealand". www.teara.govt.nz. Retrieved 30 April 2016.
  8. ↑ Smyth, Helen (2000). Rocking the cradle : contraception, sex, and politics in New Zealand. Wellington, N.Z.: Steele Roberts Ltd. p. 81. ISBN 1-877228-16-8.
  9. 1 2 "The Pill – Family Planning". www.familyplanning.org.nz. Retrieved 30 April 2016.
  10. ↑ Smyth, Helen (2000). Rocking the cradle : contraception, sex, and politics in New Zealand. Wellington, N.Z.: Steele Roberts Ltd. p. 106. ISBN 1-877228-16-8.
  11. ↑ Smyth, Helen (2000). Rocking the cradle : contraception, sex, and politics in New Zealand. Wellington, N.Z.: Steele Roberts Ltd. p. 124. ISBN 1-877228-16-8.
  12. ↑ Smyth, Helen (2000). Rocking the cradle : contraception, sex, and politics in New Zealand. Wellington, N.Z.: Steele Roberts Ltd. p. 223. ISBN 1-877228-16-8.
  13. ↑ Pool, Ian (1999). New Zealand's contraceptive revolutions. Hamilton: Population Studies Centre, Univ. of Waikato. p. 122. ISBN 1-877149-99-3.
  14. ↑ Taonga, New Zealand Ministry for Culture and Heritage Te Manatu. "3. – Contraception and sterilisation – Te Ara Encyclopedia of New Zealand". www.teara.govt.nz. Retrieved 30 April 2016.
  15. ↑ "Contraception For Young Women – Family Planning". www.familyplanning.org.nz. Retrieved 30 April 2016.
  16. ↑ "Contraception, Sterilisation, and Abortion Act 1977 No 112 (as at 01 July 2013), Public Act 3 Sale or disposal, etc, of contraceptives to children [Repealed] – New Zealand Legislation". www.legislation.govt.nz. Retrieved 30 April 2016.
  17. 1 2 3 4 5 6 7 8 "Comparing The Cost of Contraception – Family Planning". www.familyplanning.org.nz. Retrieved 30 April 2016.
  18. 1 2 "Pill may go over-the-counter". Stuff. Retrieved 30 April 2016.
  19. ↑ "Special Needs Grant Long Acting Reversible Contraception – Work and Income". www.workandincome.govt.nz. Retrieved 30 April 2016.
  20. ↑ Smyth, Helen (2000). Rocking the cradle : contraception, sex, and politics in New Zealand. Wellington, N.Z.: Steele Roberts Ltd. p. 143. ISBN 1-877228-16-8.
  21. ↑ Pool, Ian (1999). New Zealand's contraceptive revolutions. Hamilton: Population Studies Centre, Univ. of Waikato. p. 87. ISBN 1-877149-99-3.
  22. ↑ Skegg, Peter; Paterson, Ron (2015). Health Law in New Zealand. Wellington: Thompson Reuters. p. 591. ISBN 978-0-86472-943-9.
  23. ↑ "OHCHR Sexual health info" (PDF). Retrieved 30 April 2016.
  24. ↑ "UN CEDAW Statements Feb 2014." (PDF). www.ohchr.org. Retrieved 1 May 2016.
  25. 1 2 "CEDAW Concluding Observations" (PDF). Retrieved 1 May 2016.
  26. 1 2 "Crimes Act 1961 No 43 (as at 07 November 2015), Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 1 May 2016.
  27. 1 2 Skegg, Peter; Patterson, Ron (2015). Health Law in New Zealand. Wellington: Thomson Reuters. p. 605. ISBN 978-0-86472-943-9.
  28. ↑ "Abortion Services in New Zealand". Abortion Services in New Zealand. Retrieved 1 May 2016.
  29. ↑ "Is abortion law due for a shakeup?". Stuff.co.nz. 15 June 2014. Retrieved 1 May 2016.
  30. ↑ Right to Life New Zealand Inc v Abortion Supervisory Committee [2008] 2 NZLR 825 (HC)|

External links

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