Breastfeeding in Public: Your Legal Rights

Most mothers work out where and how they can feed their babies when they are out, so that they are comfortable. In our society however, although breastfeeding is acknowledged as important for mothers and babies, some people make critical remarks or confront mothers with unnecessary and illegal ‘rules’.

Many mothers find any type of confrontation in relation to breastfeeding difficult to deal with and feel that it is a personal attack towards them. This is a normal response and one that is very valid. It comes with a range of unsettling feelings that can be a roadblock to breastfeeding in public.

Controversy over breastfeeding in some public places may imply that breastfeeding is unnatural, undesirable or even illegal. Nothing could be further from the truth. Don’t forget that conflict and bad news is more likely to make the newspapers, radio and television. Conflict is the essence of news reporting. The fact that things are going along smoothly is simply not news. That’s why you don’t hear much about the many mothers who happily breastfeed at work, in shopping centres, in parks, in restaurants, in railway carriages or just about anywhere, every day of the week without raising an eyebrow, let alone a ruckus.

WHAT CAN MOTHER DO IF SHE IS VERBALLY ABUSED FOR BREASTFEEDING HER BABY?

Thankfully this type of incident is uncommon, but if it does happen, it can really rock a mother’s confidence. It may be essential to normalise breastfeeding again after the incident. To normalise breastfeeding, a mother may like to consider:

• finding emotional support through your family, your GP and/or counselling
• calling the Breastfeeding Helpline – 1800 686 268
• attending her local ABA group meeting.
• If a mother is ever in a situation where she is verbally threatened together with physical contact then this constitutes an assault and is classed as a criminal act. In this situation she should consider, in addition to the above:
• not responding to aggressive behaviour to avoid an escalation of the situation
• contacting the police when possible and reporting the incident

  Many mothers find that as their breastfeeding experience grows and they become more confident, they are able to provide a comeback comment if confronted by a negative remark. This may include a breastfeeding fact or to state their legal right.

WHAT IS THE LAW?

In Australian Federal Law breastfeeding is a right, not a privilege. Under the federal Sex Discrimination Act 1984 it is illegal in Australia to discriminate against a person either directly or indirectly on the grounds of breastfeeding. Direct discrimination happens when a person treats someone less favourably than another person. For example, it is discriminatory for a waiter to decline to serve a patron who is breastfeeding. Indirect discrimination happens when an apparently neutral condition has the effect of disadvantaging a particular group, in this case women who are breastfeeding.

The law in Australia protects you from being discriminated against because you are a breastfeeding mother. This includes if you are expressing milk by hand or with a breast pump to give to your baby later… babies can be breastfed anywhere and anytime. A hungry baby shouldn’t be expected to wait. No mother can be forced to ignore the needs of her baby.

THE LAW PROTECTS YOUR RIGHT TO BREASTFEED

As the former federal Sex Discrimination Commissioner, Pru Goward (2001-2006), stated:
‘A mother’s right to breastfeed is protected by the federal Sex Discrimination Act, which prohibits discrimination on the basis of sex, marital status, pregnancy and potential pregnancy. The Act also makes clear that discrimination because a woman is breastfeeding (or expressing) is regarded as sex discrimination because it is clearly a characteristic of women.’

Her predecessor, Susan Halliday (1998-2001) had earlier emphasised: ‘Common sense dictates that hungry babies be fed and Australian parents have the right to choose the option of breastfeeding their children. For many years it has been illegal under federal, state and territory law to discriminate against breastfeeding women in the provision of goods and services, including service at restaurants, clubs, pubs and theatres and on public transport. It will be a particularly sad day when, in Australia, a woman is penalised for properly caring for her child in a public place.’