A judge has kicked out a breastfeeding mother and her child from a Melbourne court, raising concerns about the mother feeding her baby being a ‘distraction’ to jurors.
On Thursday, the mother was feeding her child and observing a matter in the Victorian County Court when judge Mark Gamble addressed her directly saying, “Madam you will not be permitted to breastfeed a baby in court.”
“It will be a distraction and I’ll have to ask you to leave,” the judge said, according to The Age.
While the woman did what the judge asked and left the courtroom, doctors and advocates have spoken out against the incident, calling it unacceptable.
“Appalled doesn’t even begin to describe how I feel about this,” Melbourne obstetrician Nisha Khot said in response to The Age’s story on the judge’s request.
Dr Jane Munro added her concerns about individuals making legal decisions telling a mother where she can and can’t feed a baby.
“It also appalls me these are the people casting legal decisions in our lands and they are worried about the very natural feeding of infants as if breastfeeding is something dirty or lurid — “distracting” apparently. Say what?”
The Herald Sun reported that the woman did not wish to be identified, but was deeply upset by being told to leave and said she felt “humiliated”. She had been in the courtroom to support the alleged victims during the case being heard.
Khot further told AAP that there should be no public space that bans breastfeeding, “babies don’t get fed on a schedule of breakfast, lunch and dinner like adults,” she said.
Pregnant and breastfeeding women are protected by anti-discrimination laws in public areas including work, schools, universities, shops or rental properties.
However, the Victorian Equal Opportunity and Human Rights Commission’s website isn’t clear on whether the anti-discrimination laws apply to courts. There’s court rules in place that people aren’t allowed to eat, drink or wear clothing like sunglasses and hats.
This Melbourne incident shows that even in 2023, women are still having to navigate the right to breastfeed their children, and breastfeeding is already an experience that can come with its own emotional challenges.
Judges are immune from civil liability on the basis of promoting independence and the County Court declined to comment.