Abortion pills legal challenge is rejected

PRO-life campaigners are set to appeal after a court ruled that women in Scotland should be allowed to take abortion pills at home.

The Society for the Protection of Unborn Children (SPUC) is seeking legal advice after a judge threw out their challenge to the Scottish Government’s approval of ‘DiY abortions’.

The decision meant Scotland became the first part of the UK where women can take the drug misoprostol at home. Under the new rules, doctors can prescribe the drug, which initiates labour, without the need for women to be in a medical setting.

lawyers acting for the SPUC claimed at the Court of Session in May this year that the scheme was unlawful and contravened the 1867 Abortion Act.

During a two-day hearing, Morag Ross, QC, argued that the existing legislation meant the procedure could only be carried out lawfully in medical facilities.

And she claimed the move would put women’s health at risk.

But judge lady Wise ruled in favour of the new proposals, saying they were ‘not unlawful’.

She said: ‘it seems to me that patients who self-administer medication at home may still be described as being treated by their medical practitioner, who remains in charge of that treatment.’

lady Wise added: ‘Regardless of place, there is no need for a doctor to hand the medication to the Deputy Scottish Political Editor woman personally. i have concluded that the decision of the respondents to approve a woman’s home as a place where one stage of the termination of pregnancy can be carried out is not unlawful on either of the grounds contended for by the petitioner.’

Campaigners went to court after the practice was approved in October last year. SPUC chief executive John Deighan said: ‘We are extremely disappointed that our concerns have not been upheld.

‘We maintain the belief that our arguments convincingly exposed the unlawfulness of the actions taken by the Scottish Government, which are in contravention of the law.

‘for the sake of women’s health and the universal right to life, we cannot stand idly by whilst such a detrimental measure is implemented in the name of health care.

‘We continue to be alarmed at the Scottish Government’s policies to liberalise abortion. This is hard to square with their other commitments on health and human rights.’

Most early-stage abortions involve two different drugs, with misoprostol being taken after one that blocks the hormones which maintain a pregnancy.

Within an hour of taking the second pill, women often experience bleeding.

A Scottish Government spokesman said: ‘We are pleased that the court has confirmed our approach is lawful. This will allow NHS boards to continue to offer patients the option of taking misoprostol at home if this is their preference and where it is clinically appropriate for the patient.’

‘Extremely disappointed’