Is it legal for women to Breastfeed in Public?

When law graduate, successful entrepreneur, model and mother, Laura Henshaw appeared in a controversial campaign celebrating breastfeeding, it raised the question that goes beyond Australia: is breastfeeding in public legal everywhere in the world? Or is it just protected in Australia?

The answer is not everywhere has the same legal framework. In many countries, such as Australia, legislation now explicitly protects a mother's right to breastfeed in public. Other countries where breastfeeding in public is legally protected include USA, UK, Ireland and Canada.

These countries provide legal protection against discrimination or restrictions on breastfeeding in relevant public settings such as parks, shops, transport and cinemas. In several other countries, breastfeeding in public is generally lawful even though there is no single law specifically dedicated to protecting breastfeeding.

In France, there is no general national prohibition on breastfeeding in public. In Germany, public breastfeeding is generally lawful, with broader constitutional protections for parents and families, rather than a dedicated nationwide public-breastfeeding statute. In Italy, there is no general law prohibiting breastfeeding in public. In the Netherlands, breastfeeding in public is generally lawful. Dutch law also provides specific workplace protections relating to breastfeeding and expressing milk after childbirth. In the Phillipines, there is a national policy to protect, promote and support breastfeeding.

When did Australia legally protect breastfeeding in public?

Australia's federal Sex Discrimination Act was introduced in 1984 by Susan Ryan, then the Minister Assisting the Prime Minister for the Status of Women in the Hawke Labor government. However, breastfeeding was added as an explicit, standalone ground of discrimination in 2011. The legislation makes it unlawful to discriminate against a woman because she is breastfeeding (wherever she may be), including expressing breast milk.

This means the law does more than simply permit breastfeeding: it protects mothers against discriminatory treatment for breastfeeding in areas such as the provision of goods and services, accommodation and employment.

For a mother in Australia, breastfeeding in a café, shopping centre, park or other place where she is entitled to be is lawful. She does not have to use a designated feeding room simply because one is available. Nor does she need to cover up.

The international picture is therefore not a simple division between countries where breastfeeding is allowed and countries where it is banned. There are countries with explicit legal protections, countries where the right follows from broader laws, and jurisdictions where the position requires further legal verification.