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Judge defends booting breastfeeding mum out of court

 

A judge is being urged to apologise to a breastfeeding mum who was ordered out of a Victorian court. (AP PHOTO)

By Tara Cosoleto, Rachael Ward and Karen Sweeney in Melbourne

AN under-fire Victorian judge has sought to explain to a jury why he asked a breastfeeding mother to leave a Country Court trial as calls intensify for an apology.

The woman was feeding her child while observing a case on Thursday when the judge told her she was not permitted to breastfeed in court because it was a distraction.

The County Court declined to comment but the judge on Friday addressed the jury about the incident, saying his comments should be “self-explanatory”.

“What I (told the mother) was this – ‘Madam, you will not be permitted to breastfeed a baby in court. I’m sorry. I will have to ask you to leave. It will be a distraction for the jury at the very least’,” the judge said on Friday.

“I am telling you this because it is something that has attracted some media publicity and I think you need to know exactly what it was that I said and why I said it.

“That said, it is not a matter that you should be giving any real consideration to going forward as it is irrelevant to your task.”

Advocates have labelled the judge’s actions as outdated and called on him to apologise to the mother.

“This poor woman was made to feel humiliated,” midwife and Birth Beat founder Edwina Sharrock told Nine on Friday.

“We have worked for years and years to normalise and to say that breastfeeding is the best thing for your baby and we should be supporting women.”

Victorian Early Childhood Minister Ingrid Stitt said she understood the state’s attorney-general would talk to the courts about the issue.

“The important message for Victorian women is that we support you and your right to be able to care for your children,” Ms Stitt said on Friday.

“If that means that you have to breastfeed in a public building, then that is something that should be not only tolerated, but frankly, celebrated.”

Shadow Attorney-General Michael O’Brien said the courts should have a more modern approach.

“You’d be hard pressed to find anybody who’s going to be massively distracted by a woman looking after a baby in the public gallery,” he said on Friday.

“Hopefully this will be a learning experience.”

People are not allowed to eat, drink or wear clothing such as sunglasses and hats in court.

Pregnant and breastfeeding women are protected by anti-discrimination laws in areas of public life including work, schools, universities, shops or rental properties.

However, the Victorian Equal Opportunity and Human Rights Commission’s website does not state whether the legislation applies to courtrooms.

There should not be restrictions or limitations on when or where breastfeeding occurs, Maurice Blackburn special counsel Emily Creak said.

“It is not immediately clear whether existing anti-discrimination protections would extend to these circumstances – in court where a judicial officer is performing their functions,” she told AAP.

“Regardless, for a person to be asked to leave any place – including a court – because they are breastfeeding their baby is antiquated and out of step with community expectations.”

Judges are immune from civil liability on the basis of promoting independence.

I wonder if that baby sleeps through the night… I won’t be!

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9 Responses to Judge defends booting breastfeeding mum out of court

cbrapsycho says: 10 March 2023 at 2:16 pm

The judge distracted the jury by calling attention to the mother feeding her baby, making a big thing of it by interrupting proceedings and highlighting the issue, the mother and the baby. I’d suggest the only person distracted by mother and baby was the judge, whilst the jury was distracted by the judge’s heavy handed intervention.

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Jan says: 10 March 2023 at 2:24 pm

Back in the 70s I was wearing a very neat trouser suit in the courtroom. The judge told me to go home and put on a dress. Discrimination? Yes, and this is similar. Yet another way to control women

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Jane says: 10 March 2023 at 5:35 pm

Jan, I remember also in the early’70s, when the “boss” at a large regional office of the large government department I worked at, told all the female staff who like you, had worn warm, neat trousers suits to work (in the middle of Winter) to go home and get changed into dresses (mini skirt days). They’d all worn their new outfits on the same day in solidarity, expecting some sort of reaction from him. However (to the amazement of most of us in the capital city office) they actually all went home and did what he said!

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Red says: 11 March 2023 at 11:01 pm

Jane, it wasn’t only done to women intros days. I used to wear dress shorts and long socks as we used to in the tropics and the secretary of the department sent one of his minions to tell me that if I wanted a promotion in his department I had better were a suit with long trousers and shoe off my beard. BTW, his brother had a beard and he hated him. So, it’s not always only you poor women, okay.

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Jane says: 12 March 2023 at 8:43 am

I remember men wearing that outfit in Brisbane too. Made a lot of sense to me, though I never saw the point of the ties that often went with them in such warm weather. It sounds as though that dep.sec. had other issues apart from clothing.
By the way, I merely made that comment in reply to Jan, as a bit of social history, nothing to do with “poor women”. In fact as I said we were all amazed that they did as asked!

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cbrapsycho says: 12 March 2023 at 5:44 pm

Back then, many girls and women were raised to be compliant, a fact that often put them at risk of abuse (especially by bosses in the workplace). So glad things have changed in very many ways, enabling women to more easily stand up for their own best interests and their rights. However, there’s still a way to go as is clear.

Vy says: 10 March 2023 at 4:37 pm

I don’t see an issue here. Women’ r become so comfortable showing off their bodies, that these days they aren’t following any sort of common sense or moral rules anymore. It’s quite embarrassing to show off your breast in public and yes, it is a distraction (as well as having a baby in a courtroom…). I dont think that the original idea of pushing for women to breastfeed was that they simply strip off and start breastfeeding. They probably thought that women will follow a socially acceptable model of behaviour, especially being a mother… BTW that is also the case with inappropriately short skirts at schools and g-strings on a beach. It’s all about sexuality and individual freedoms these days with no consideration for others. I personally used to cover myself and my child while breastfeeding. But many women have no shame these days …

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Jane says: 10 March 2023 at 5:27 pm

“…strip off and start breastfeeding”? Really, Vy? I’ve never in my long life seen anyone doing that. What makes you think this mother was?

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