Abstract
Down Under Update
The Law Council of Australia released a National Model Framework to address sexual harassment in the legal profession. Outgoing Law Council president, Dr Jacoba Brasch QC explained, ‘Sexual harassment is pervasive and damaging. Everyone should feel safe and supported within their workplace. It is unacceptable that women and men are experiencing workplace sexual harassment in Australia today.’ Brasch also made it clear that, ‘sexual harassment is inconsistent with the inherent values of the legal profession, the principles informing the administration of justice, and the pursuit of integrity, fairness and equality before the law.’ (‘National Model Framework to address sexual harassment in the legal profession’, Media Release, 23 December 2021).
Untamed Graces
Australian of the Year for 2021, sexual abuse survivor and campaigner Grace Tame caused quite a ruckus when she gave Prime Minister Scott Morrison the cold shoulder, side-eyed and refused to smile for him at her outgoing ceremony. Peter van Onselen, Political Editor with The Australian and Network Ten, described her in his column as ‘ungracious, immature and childish’ but backed off after being challenged on live TV. (Peter van Onselen, ‘Grace Tame: If your disdain for the PM is so great why go?’ The Australian, 25 January 2022).
Meanwhile Jacqueline Maley reports on financial settlements reached by three women in claims of sexual harassment by former High Court of Australia judge Dyson Heydon. (‘Women sexually harassed by former High Court judge Dyson Heydon receive historic settlement’, ABC News, 14 February 2022). The claims were made under the Sex Discrimination Act following a public apology to six women by the High Court. The settlement amounts are subject to non-disclosure agreements and took account of loss of career opportunities for High Court associates, generally awarded to the brightest of legal graduates. Alas, not one of the three women still work in the law.
How Much Can One Woman Do?
For an insightful round-up of women and the law in Pakistan, see ‘Women in Law’ (Amber Darr, Dawn, 4 February 2022). Celebrating the appointment of Ayesha Malik, Pakistan’s first female judge, Darr acknowledges the new judge’s intelligence and competence while questioning how much a single appointment can enhance women’s participation and standing in Pakistan’s legal profession because of the considerable institutional, social and cultural obstacles faced daily by women lawyers throughout the country.
While chronicling the many humiliations heaped upon women in the law in Pakistan, Darr notes the success of the Women’s Law Initiative that was launched six years ago which has assisted women to increasingly support and mentor each other.
Nasty Hangovers
A Nazi-era abortion law banning doctors in Germany from advertising abortion services and offering information is about to be scrapped. (Kate Connolly, ‘Germany’s new government to scrap Nazi-era abortion law’, The Guardian, 19 January 2022.) The move has been welcomed by activists who have been trying for a long time to get rid of laws that hamper women’s ability to make informed choices. It also means doctors will no longer have to fear criminal prosecution if they provide abortion information. The archaic law forbids ‘advertising for pregnancy termination’ and has more recently been seized on by rightwing activists targeting doctors who provide information about abortion services on websites.
In 2017 Kristina Hänel, a GP, lost an appeal against a €6000 fine for offering abortion advice to her patients. She has welcomed the announcement saying she was ‘joyful and grateful’ about the scrapping of the law that ‘hung like Damocles sword’ over doctors risking prosecution for even discussing the options for the much-needed services.