A Victorian judge has sought to explain to a jury his reasoning for asking a breastfeeding mother to leave a Country Court trial amid calls for an apology.
The woman was feeding her child while observing a trial on Thursday when the judge addressed her directly, saying 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.
He laid out exactly what he said to the mother and noted there had been extensive media attention on his decision but his action should be self-explanatory.
“I think you need to know exactly what it was that I said and why I said it,” the judge told the jury.
“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Advocates have labelled the judge’s actions as outdated and called on him to apologise to the mother.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.
“She felt ashamed and absolutely brought to tears and all because she was trying to help her child out.
“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 told reporters 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.”
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 court rooms.
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 in a statement.
“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.
