Key Points
- Advocates say an apology is owed to a breastfeeding mother who was told to leave a Victorian courtroom.
- The judge in the Victorian County Court says the act was not permitted in the court because it is a distraction.
- A legal expert says anti-discrimination laws do allow for breastfeeding in public spaces.
Advocates are calling for a Victoria County Court judge to apologise to a breastfeeding mother who was ordered to leave a courtroom.
The woman was feeding her child while observing a matter 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 on Thursday declined to comment on the incident but advocates say an apology is needed.
"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."
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.
Addressing the jury in the courtroom on Friday, Judge Mark Gamble said the media publicity around the directive should be ignored.
Reading out a transcript of the remarks, he said the directive was "self-explanatory".
"It is not a matter you should be giving any real consideration to going forward," he said.
The jury is now sitting for a fifth week as part of the trial into former school principal Malka Leifer who is facing child sex abuse charges.
