British lawmakers on Tuesday were debating whether to decriminalize abortion in England and Wales, a move which would represent a landmark change to legislation dating from the Victorian era.
The debate comes at a time when access to abortion in the United States has been banned or severely restricted in 19 states, after the Supreme Court ended the constitutional right to abortion in 2022 and threw it to the 50 states to make their own laws.
In Britain, surveys suggest that a vast majority of the population — consistently around 88 percent, according to YouGov, a polling agency — believes women should have the right to an abortion.
Two lawmakers have put forward separate amendments to a crime and policing bill that would partly or wholly decriminalize abortion. At least one of the amendments that are being debated on Tuesday is likely to be voted on.
Is abortion legal in Britain?
It’s complicated. At present, having or providing an abortion remains a crime under the Offenses Against the Person Act of 1861, and could theoretically be punished with a life sentence.
But the Abortion Act of 1967 made it legal to have an abortion in England, Scotland and Wales, initially up to the first 28 weeks of pregnancy; that time period was reduced to 24 weeks in 1990.
Certain conditions must be met:
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Two doctors must authorize the decision
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Continuing the pregnancy would involve risk to the woman’s mental or physical health.
An abortion after 24 weeks is allowed only if:
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there is a risk to the mother’s life, or of grave permanent injury to her health
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there is a substantial risk of a serious fetal anomaly.
Why do some believe the law needs to change?
Campaigners for change argue that the 1861 law is outdated, and that abortion should be treated and regulated as a health care issue rather than a possible crime. Ranee Thakar, president of the Royal College of Obstetricians and Gynecologists, said in a statement that abortion “should be subject to regulatory and professional standards like other medical procedures, not criminal sanctions.”
In 2019, abortion was decriminalized in Northern Ireland, so supporters of the change argue that it is time for the rest of the United Kingdom to catch up.
There is also concern that during the past three years, six women have appeared in court in England charged with ending or trying to end their own pregnancy outside abortion law.
Over the past decade, the percentage of abortions performed after 20 weeks has remained extremely low — below 2 percent. Campaigners for change argue that those who take abortion pills past the cutoff point are often victims of domestic abuse, have mental health problems or are teenagers whose parents are opposed to abortions, and that these individuals should receive health care and other services rather than face prison time.
Changes to abortion access in the United States have also had an impact. Louise McCudden, head of external affairs at MSI Reproductive Choices, an international organization that provides family planning and abortion services, said in a statement: “With the anti-rights movement feeling emboldened since the reversal of Roe v. Wade in the United States, it could not be more important that here in the U.K. elected lawmakers stand up for women and support everyone to get the medical care they need safely, confidentially and free from the threat of invasive investigation and prosecution.”
How would the amendments change abortion law?
One amendment, proposed by Tonia Antoniazzi, a lawmaker for the governing Labour Party, would not repeal the existing criminal law, but aims to prevent women from being investigated, arrested, prosecuted or imprisoned for terminating their own pregnancies. Ms. Antoniazzi argues that those investigated can be victims of domestic abuse, human trafficking or sexual exploitation, or women who have given birth prematurely.
Stella Creasy, another Labour lawmaker, has put forward an alternative amendment which would repeal the existing criminal law provisions, with the aim of preventing the prosecution of both women who terminate pregnancies and medical professionals acting with their explicit consent. That would effectively extend protection to medical practitioners who assisted terminations outside the existing rules, although the 1967 act would still apply, and medical practitioners could be disciplined by their own regulators.
A third amendment which could also be debated would require a pregnant woman to have an in-person consultation before being prescribed pills to terminate a pregnancy.
Who is opposed to the proposed changes and who is in favor?
The Society for the Protection of Unborn Children, which campaigns against abortion, has described the proposed amendments as “the greatest threat to unborn children and their mothers since the 1967 Abortion Act.” The organization says that both amendments would mean that no abortions up to birth in any circumstances would be criminalized.
Ms. Antoniazzi’s amendment is supported by the Royal College of Obstetricians and Gynecologists, the Faculty of Sexual and Reproductive Healthcare and the British Pregnancy Advisory Service, which said in a joint statement that decriminalization would give women in England and Wales the same protection from prosecution available to women in Northern Ireland, Ireland, France, Canada, Australia and New Zealand.
Stephen Castle is a London correspondent of The Times, writing widely about Britain, its politics and the country’s relationship with Europe.
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