Oral Presentation Australasian Association of Bioethics and Health Law Conference

Understanding law as a determinant of health: The example of abortion care (1922)

Michael Thomson 1
  1. UTS, CHIPPENDALE, NSW, Australia

The social determinants of health framework is both an epidemiological question and an ethical enterprise. It is anchored in the mapping and measurement of correlations between the factors that shape lived experience and health outcomes. More specifically, and driving its place as an ethical concern, it focuses attention on the relationship between social inequalities and health inequities. As social determinants of health research has grown, the field has matured, and specialisation has followed. In this, journals now contain work on the political, business, environmental, digital, and other determinants of health. Law has recently joined this developing understanding, with health lawyers working to articulate the impact of law on health as well as the place of law within the wider determinants framework. This contribution continues this work using the example of abortion care as a case study to more fully articulate the role of law in determining health outcomes. While the criminalisation of abortion is often noted in this context, this presentation looks instead at the current global liberalisation trend, and specifically the growing decriminalisation of abortion care. Here, the focus is on the ways in which different jurisdictions have decriminalised service provision and use. The presentation focuses in particular on the problems with access to care that can be left in the wake of decriminalisation. This provides a lens through which to better map the role of law and its relationship to other determinants, as well as the limits of law within this framework.