Abortion Laws In Great Britain: Understanding The Complexities

Abortion laws in the UK have been a topic of debate and controversy for decades. In England, Scotland, and Wales, abortions are legal up to 24 weeks into a pregnancy, as per the Abortion Act of 1967. Two doctors must approve the procedure, agreeing that continuing the pregnancy poses a greater risk to the physical or mental health of the pregnant woman than termination. After 24 weeks, abortions are only allowed if the mother's life is at risk or the child would be born with severe disabilities. In Northern Ireland, abortion laws have recently been amended to allow abortions within the first 12 weeks of pregnancy for any reason, and after 12 weeks under specific circumstances.

The Abortion Act 1967

Abortion laws in Great Britain have been amended and updated several times since the passing of the Abortion Act 1967. This act, introduced by Liberal MP David Steel, legalised abortion in Great Britain under certain conditions and through registered practitioners. The act was passed by the House of Commons on July 13, 1967, and came into force on April 27, 1968.

The act was amended by the Human Fertilisation and Embryology Act 1990, which reduced the time limit for abortions from 28 to 24 weeks for most cases, citing advancements in medical technology. This amendment also removed restrictions for late abortions in cases of risk to life, fetal abnormality, or grave physical and mental injury to the woman.

Northern Ireland's abortion laws

Abortion laws in Northern Ireland have undergone significant changes in recent years, marking a shift from highly restrictive legislation to a more progressive framework. Here is an overview of the key developments and the current state of abortion laws in Northern Ireland:

Historical Context:

Prior to 2019, abortion laws in Northern Ireland were among the most restrictive in Europe. Abortion was only permitted to save the life of the mother or in cases of permanent and serious damage to her mental or physical health. The Offences Against the Person Act of 1861 criminalised the procurement of abortion, making it a felony punishable by life imprisonment.

Decriminalisation and New Legal Framework:

In 2019, the UK Parliament repealed most restrictions on abortion in Northern Ireland during a period when the Northern Ireland Assembly was not in operation. This move decriminalised abortion and paved the way for a new legal framework. The Abortion (Northern Ireland) Regulations 2020, introduced in March 2020, allow access to abortions up to 12 weeks of gestation without any conditions. The regulations also permit abortions beyond 12 weeks in specific instances, including cases of severe fetal impairment and fatal fetal abnormalities.

Implementation Challenges:

Despite the progressive legislation, the implementation of abortion services in Northern Ireland has faced challenges. There have been concerns about the full commissioning of abortion services, with the Northern Ireland Health Minister stating that the 2020 regulations do not compel the Executive to provide these services. This led to legal action by the Northern Ireland Human Rights Commission against the Secretary of State for Northern Ireland, arguing that he failed to ensure access to abortion and post-abortion care in public health facilities.

Political Dynamics:

The issue of abortion in Northern Ireland is politically sensitive, with social conservative supporters influencing the approach of major parties. The Democratic Unionist Party (DUP), for instance, has generally opposed abortion and sought to restrict its accessibility. On the other hand, Sinn Féin has adopted a more liberal stance, supporting abortion in cases of fatal fetal abnormality and allowing for conscience votes among its members.

Access to Services:

As of May 2022, abortion services in Northern Ireland were described as "almost non-existent," with women still facing difficulties in accessing care. The lack of access disproportionately affects rural and working-class women, who may have to travel to England for abortions if they are more than 10 weeks pregnant. The Northern Ireland Secretary, Brandon Lewis, had set a deadline of March 2022 for Stormont to commission services, threatening legal steps to override the executive if needed.

The UK's stance on US abortion laws

Abortion laws in the UK are different from those in the US, especially following the US Supreme Court's overturning of Roe v Wade, which protected a woman's right to terminate her pregnancy. The UK's stance on US abortion laws is largely one of contrast, with abortion being legal across the UK for the first time following changes to the law in Northern Ireland.

The Abortion Act 1967

In England, Scotland, and Wales, the Abortion Act 1967 made abortion legal as long as specific criteria are met. It is possible to have an abortion up to 23 weeks and 6 days of pregnancy (gestation). Abortion is available after the usual time limit if there is evidence of severe foetal anomaly or a significant risk to the pregnant person's life. Two doctors must agree that the risk of continuing the pregnancy is greater than if it were terminated. Abortions after 24 weeks are only allowed in very limited circumstances, such as if the pregnant person's life is at risk or the child would be born with a severe disability.

Northern Ireland

In Northern Ireland, abortion was decriminalised in 2019, and the new legal framework came into effect in 2020. Abortion is now unconditionally legal up to 12 weeks in Northern Ireland. After 12 weeks, the law is similar to the rest of the UK. Previously, abortion was only permitted in Northern Ireland if the pregnant person's life was at risk or in some cases of foetal abnormality.

UK Stance on US Abortion Laws

The overturning of Roe v Wade in the US was met with criticism from UK politicians such as Boris Johnson, Nicola Sturgeon, and Jeremy Corbyn. The British Pregnancy Advisory Service (BPAS), the UK's leading abortion provider, also expressed their disapproval. The UK's stance on US abortion laws can be interpreted as one of concern, with the potential impact on access to abortion for millions of women of reproductive age in the US.

In summary, the UK's stance on US abortion laws is informed by its own legal framework and values surrounding abortion. The UK has taken steps to ensure abortion is legal and accessible across the nation, in contrast to the varying and often restrictive abortion laws in the US.

Abortion methods

Abortions can be carried out by taking medicines or having a surgical procedure.

Medical Abortion

Medical abortions are typically available for up to 12 weeks but can also be used for termination in later stages. This method involves taking two pills, usually 24 to 48 hours apart, to induce an abortion. The first pill, mifepristone, blocks the hormone progesterone, which is necessary to continue the pregnancy. The second pill, misoprostol, causes the uterus to contract and empty, ending the pregnancy. This method can be carried out at home after an initial appointment with a hospital or clinic.

Surgical Abortion

Surgical abortions can be carried out in two ways:

• Vacuum aspiration: This method uses suction to remove the pregnancy through a tube inserted into the uterus.
• Dilation and evacuation (D&E): This method uses instruments called forceps, inserted into the uterus, to remove the pregnancy.

Surgical abortions are provided up to 14 weeks of pregnancy, while D&E is provided after 14 weeks.

Medical abortions are the most common method, especially for early pregnancies. In England and Wales, medical abortions accounted for 86% of all abortions from January to June 2022, and in Scotland, 99.4% of abortions in 2021 were medical.

The UK's stance on EU abortion laws

Abortion laws in the UK are governed by the Abortion Act 1967, which allows abortion in England, Scotland, and Wales if specific criteria are met. The procurement of an abortion remains a criminal offence under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases.

Abortions can be carried out before 24 weeks of pregnancy and must be approved by two doctors who agree that the risks associated with continuing the pregnancy are greater than termination. After 24 weeks, abortions are only permitted in very limited circumstances, such as if the mother's life is at risk or the child would be born with severe disabilities.

In Northern Ireland, abortion laws are governed by the Abortion (Northern Ireland) (No.2) Regulations 2020, which decriminalised abortion in 2019. Abortion is now unconditionally legal up to 12 weeks in Northern Ireland, and after 12 weeks, the law is similar to the rest of the UK.

While there are no common EU laws on abortion, the UK's stance on abortion aligns with its commitment to protecting women's rights and ensuring access to safe and legal reproductive healthcare. The UK has also taken steps to extend abortion rights to Northern Ireland, demonstrating its support for abortion access across all parts of the country.

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