Between reproductive rights and sex selection in New Zealand’s abortion reforms: practitioner dilemma in institutionalising ‘choice’ and ‘agency’

Abstract

ABSTRACT In 2020, the New Zealand (NZ) Parliament voted to decriminalise abortion. Although NZ’s abortion law formally opposes sex selective abortions, there is considerable complexity in the gender politics of ‘choice’ and ‘agency’ in multi-ethnic societies, and interpretations of reproductive rights for ethnic minority women and for the girl child, respectively. This paper explores these complexities through the perspectives of reproductive and maternity care practitioners who are situated at the interface of legal systems, health service provision, and delivery of culturally sensitive care. Thirteen practitioners were interviewed as part of this study. The analysis highlights strains in framings of ‘reproductive choice’ (underpinned by western liberal notions of rights) and ‘gender equality’ (abortion rights that acknowledge the complexity of cultural son-preference) for ethnic minority women. These tensions are played out in three aspects of the post-reform landscape: (a) everyday practice and accountability; (b) consumerism and choice; (c) custodianship and gender rights. The findings point to the limitations in operationalising choices for ethnic women in health systems wherein trust deficit prevails, and cultural dynamics render complex responses to abortion. They also highlight reconfigurations of client-expert relationships that may have implications for practitioners’ abilities to advocate for ethnic women’s rights against cultural influences.