Women’s rights

It is critical to assist women access their rights and make sure everyone has just and equal access to justice irrespective of gender. 

It is important to work for women’s reproductive choices, supporting modifications of legislation and creatinga correct balance between freedom of expression and a woman’s right to discreetly and safely acquire healthcare.

Another important thing to work against is sexual harassment in the workplace as high-profile revelations of harassment and abuse, in Australia and internationallyhave revealed its prevalence.

It is crucial to enhance the laws in Australia, in order to make sure women are safe in the workplace, and have equal access to justice for all. It is important tomake reforms that will both lessen the risk of sexual harassment and provide enhanced help to those affected.

Women’s reproductive choices in Victoria

A Victorian woman seeking IVF treatment using her own eggs and donor sperm took her case to court after she was refused the procedure because she did not have the consent of her estranged husband, from whom she is separated.

In a Federal Court hearing in Melbourne in September, we successfully argued that the Victorian law requiring her husband’s consent was invalid as it was inconsistent with federal sex discrimination laws. We acted pro bono in this matter.

Justice Griffiths ordered that the women can undergo IVF treatment without consent of her husband. He also found that the Victorian law, by requiring the woman obtain the consent of her estranged husband to undergo the treatment, discriminated against her on the basis of her marital status. He declared that part of the law “invalid and inoperable”.

This decision also paves the way for other Victorian women in similar circumstances to not have their former partner control their reproductive choices. The Victorian Government is currently reviewing its laws around assisted reproductive treatment including IVF.

Challenge to Victoria’s fertility clinic safe access zones

Clubb v. Edwards & Anor

In 2018, we acted pro bono for the East Melbourne Fertility Control Clinic in the High Court, after safe access laws, which protect the ability of women to safely access legal, reproductive healthcare, were challenged.

This case raises important questions about the Constitution and the rights of women. The Court is being asked to look at the safe access zone laws and determine whether they are an impermissible burden on the implied freedom of political communication under the Constitution.

The issue of how to balance the reproductive rights, safety and privacy of those seeking fertility control services against the activities of anti-abortionists is not new. Victoria’s safe access zone laws were introduced following a 2015 Supreme Court challenge by the East Melbourne Clinic.

In that case, Taxcellent Consulting Services, together with the Human Rights Law Centre, commenced legal proceedings in the Supreme Court of Victoria on behalf of the clinic against the Melbourne City Council, seeking orders compelling the council to stop the ongoing harassment and intimidation of staff and patients entering the clinic. The 2015 court challenge was unsuccessful but legislative reform soon followed.

Before safe access zones, patients and staff would have to run a gauntlet of anti-abortionists to enter the clinic. Women would turn up scared and noticeably shaken. Since the safe access zones came into effect, women and staff are no longer a target when they walk up to the clinic, and women no longer carry the heavy burden of being publicly harassed for seeking medical care.

This current High Court case has challenged the legislative basis of these reforms, in Victoria and interstate. It is a relatively rare instance of the High Court adjudicating a matter where human rights are front and centre. Attorney-General’s offices across the country have exercised their rights to intervene in the matter. This is because many states have either recently passed safe access zone legislation, or they are looking at doing so.

The submissions Taxcellent Consulting Services made on behalf of the Fertility Control Clinic to the High Court are available online and it is anticipated that the High Court will hand down their decision in 2019.

View this case on the High Court website.

The Issues

  • Aboriginal and Torres Strait Islander justice
  • Asylum seeker rights
  • Challenges to corporate and government power
  • LGBTI equality
  • Protecting communities and environments
  • Workers’ rights
  • Women’s rights

It doesn’t cost you anything to know where you stand

(02) 8000 8666

We take calls 24/7