Abortion should not be a crime, say medics
Obstetricians call for legislation to stop women facing investigations and arrests after stillbirths
LEADING medics are urging the Government to decriminalise abortion after cases emerged of women facing prosecution.
The Royal College of Obstetricians and Gynaecologists is leading the call, highlighting at least 17 investigations over the last eight years.
The organisation had already joined 66 bodies urging the director of prosecutions to stop a number of ongoing cases going ahead.
Today it goes further, urging ministers to decriminalise terminations, meaning women could not face criminal sanctions for undergoing abortions without the certification of two medics.
It follows a number of cases, including one woman in Oxford who selfadministered the abortion medication misoprostol in 2021 in an effort to end her pregnancy.
In another case, which emerged earlier this month, a woman was arrested in hospital and kept in a police cell for 36 hours, on suspicion of having had an illegal abortion, after suffering a stillbirth, medics said. Another, in the first weeks of the pandemic, involved a woman who took “pills by post” when she was 28 weeks pregnant.
The legal limit for abortion is 24 weeks, and the postal system, introduced in the pandemic, is supposed to adhere to a 10-week limit.
The system was due to expire this summer, having been introduced as a short-term measure.
Earlier this year, ministers announced plans to return to previous rules, which required women undergoing a termination to have a consultation in person with a doctor first.
It followed concerns from some critics that the system was ripe for abuse, and could see women coerced into abortions. But the Government was forced to back down, after a free vote by MPs, who voted to keep the “pills by post” system.
Although the 1967 Abortion Act legalises terminations in England, Wales and Scotland up to 23 weeks, neither the 1861 Offences Against the Person Act nor the Infant Life (Preservation) Act 1929 were repealed.
This means women who have unregulated abortions or try to terminate their pregnancy without medical supervision can face up to life imprisonment.
Dr Edward Morris, president of the Royal College of Obstetricians and Gynaecologists, said women should be free to have an abortion without fear of prosecution. “Women who may face charges are often in desperate or vulnerable situations, and the current legislation may further deter them from seeking the support and aftercare they need. It is our belief that prosecuting a woman for ending their pregnancy will never be in the public interest.
“To ensure that all women and girls are provided with support without fear of prosecution, abortion must be decriminalised, while remaining subject to the regulatory and professional standards of all other medical procedures.”
Such changes would ensure women who had suffered a miscarriage could not be investigated for criminal activity, he said. “Decriminalising abortion is an act to protect the reproductive rights of women and girls, and prevent causing further harm through cruel investigations.”
The Royal College has today issued a joint statement with the Faculty of Sexual and Reproductive Healthcare, calling for decriminalisation.
Dr Asha Kasliwal, president of the faculty, said: “All women should be able to access abortion services easily and without fear of penalty or harassment. Decriminalising abortion will help to remove stigma, remove fear and reiterate to women that they have the right to control their own sexual and reproductive health choices.”