Medical leaders are urging urgent reform of abortion laws in England and Wales, following an alarming rise in the prosecution of women and girls who have ended their own pregnancies. Over 30 healthcare organizations, including the British Medical Association (BMA), the Faculty of Public Health, and the Royal College of Obstetricians and Gynaecologists (RCOG), have issued a joint statement denouncing the current legal framework as outdated and harmful, calling for immediate legislative changes to safeguard reproductive rights.
Outdated Law Under Scrutiny
The call for reform follows a growing number of cases where women have been prosecuted for illegal abortions under the Offences Against the Person Act of 1861, a law from the Victorian era that remains in force today. In the past two years alone, six women have appeared in court for breaching this law, marking a significant rise in prosecutions. Previously, convictions under the act were rare, with only a few recorded cases since its introduction. The law criminalizes abortions performed after 24 weeks or without the approval of two doctors, carrying a maximum penalty of life imprisonment.
The joint statement from over 800,000 healthcare professionals urges that abortion be treated as a healthcare issue rather than a criminal one, calling for a halt to prosecutions. The groups stress that such cases are causing unnecessary trauma and distress for women, who often face lengthy criminal investigations following pregnancy loss or abortion.
Call for Immediate Legislative Change
Led by the RCOG, the statement advocates for changes to the law to align with modern healthcare practices. Backed by 20 legal experts and major charities, including Women’s Aid and Liberty, the coalition has suggested that abortion law could be amended through the upcoming crime and policing bill, scheduled to be introduced to Parliament in the spring. Additionally, they are calling for the creation of a new bill to modernize abortion legislation and bring it under the same regulatory oversight as other healthcare services.
The groups argue that women in England and Wales should receive the same legal protections as those in Northern Ireland, where abortion is decriminalized. They also emphasize the need to remove the threat of prosecution for women dealing with pregnancy-related issues.
Growing Concern Amid Global Abortion Restrictions
The demand for reform comes at a time when abortion access is being rolled back in several countries, including the United States, and amid growing anti-abortion activism in the UK. In recent years, there have been attempts to limit abortion access in the UK, including a failed amendment to reduce the legal abortion limit from 24 weeks to 22 weeks. Prominent figures like Labour MPs Jess Phillips and Diana Johnson have called for modernizing the laws, with Johnson even proposing an amendment to decriminalize abortion before the election. However, there are concerns within Labour about the potential for such changes to embolden anti-abortion activists or restrict services like telemedicine, which allows remote access to abortion care.
Public Opinion on Abortion Prosecutions
Experts and medical professionals argue that the vast majority of the public do not support the criminalization of abortion. Dr. Ranee Thakar, president of the RCOG, stated that no woman should be forced to continue a pregnancy against her will or face the trauma of a criminal investigation for terminating her pregnancy. Dr. Andrew Green, chair of the BMA’s ethics committee, similarly condemned the criminalization of abortion care, stating that it discourages women from seeking necessary healthcare and leads to unnecessary harm.
Professor Kamila Hawthorne, chair of the Royal College of GPs, echoed these sentiments, arguing that the prosecution of women under outdated laws contradicts progress made in women’s rights and healthcare access.
Impact on Women and Families
Campaigners point to the profound and often life-changing consequences of criminal investigations, even when no charges are ultimately brought. In several instances, women have had their children removed from their care, while police investigations often involve the seizure of personal devices like mobile phones and computers. NHS gynaecologist Dr. Jonathan Lord, co-chair of the RCOG abortion taskforce, emphasized that these investigations are often traumatic and can take years to resolve, with long-lasting effects on women and their families.
A Call for Compassionate Healthcare, Not Criminalization
The proposed changes to the law would not lead to the deregulation of abortion, but would ensure that women are no longer prosecuted for ending their own pregnancies. This would bring the UK in line with countries like Ireland, Canada, and France, where abortion has been decriminalized. In England and Wales, although abortion is legally accessible under the 1967 Abortion Act, which permits abortion under certain circumstances, the 1861 law remains a significant obstacle.
Recent cases, including one in 2021 involving a 15-year-old girl who suffered a stillbirth, have highlighted the harsh consequences of the current legal framework. In another case, a woman in Norfolk faced prosecution for using abortion pills beyond the legal limit. These cases reflect a growing trend of investigations into illegal abortions, particularly involving medical abortions facilitated by telemedicine.
Government and Legal Responses
The UK government has not yet commented on the calls for legislative reform. A spokesperson stated that abortion is an “extremely sensitive issue” and that any change to the law would be a matter of conscience for parliamentarians. Prosecutions, they noted, are a matter for the Crown Prosecution Service (CPS).
The CPS has acknowledged the complexity and trauma of abortion-related prosecutions, noting that each case is carefully considered. The National Police Chiefs’ Council emphasized that investigations are only initiated when credible information suggests criminal activity, often triggered by concerns raised by medical professionals.
The Need for Reform
Labour MP Stella Creasy, a vocal advocate for reproductive rights, highlighted the ongoing distress faced by women under the current legal framework, particularly those who experience late-term miscarriages or are unaware of their pregnancies. “Instead of receiving support, these women are met with police officers,” she said. Dr. Janet Barter, president of the Faculty of Sexual and Reproductive Health, concluded that the time for change is long overdue.
The call for reform continues to gain momentum, with widespread support from healthcare professionals, legal experts, and advocacy groups, all urging Parliament to act swiftly to modernize abortion law and protect the rights of women and girls across England and Wales.
