UK lawmakers are scheduled to vote on Tuesday on a significant overhaul of abortion laws in England and Wales, a move that would put an end to controversial prosecutions of women for terminating a pregnancy.
Currently, under existing laws that technically still carry a maximum sentence of life imprisonment, a woman can face criminal charges for choosing to end a pregnancy after 24 weeks or without the consent of two doctors.
This issue has garnered considerable attention in the UK due to several recent court cases. In one instance, a woman was acquitted by a jury at trial, while another was released from prison following a successful appeal.
A proposal tabled by Labour MP Tonia Antoniazzi seeks to amend the law to ensure that a woman would not be committing a criminal offense by terminating her own pregnancy at any stage.
“Women are currently being arrested from hospital bed to police cell and facing criminal investigations on suspicion of ending their own pregnancy,” Antoniazzi told AFP.
“My amendment would put a stop to this,” she asserted, adding that it was “the right amendment at the right time.”
Abortion in England and Wales remains a criminal offense under the Offences Against the Person Act, which was enacted in 1861 during the Victorian era and carries a maximum sentence of life imprisonment.
The Abortion Act 1967 subsequently legalized terminations under specific circumstances, permitting them up to 23 weeks and six days of gestation if performed by an authorized provider.
Beyond this timeframe, abortions are allowed in limited situations, such as when the mother’s life is in danger or there is a “substantial risk” that the child could be born with a severe disability.
An update to the law implemented during the Covid-19 pandemic now permits women to take abortion pills at home up to 10 weeks into a pregnancy.
In May, Nicola Packer was acquitted after taking prescribed abortion medicine when she was approximately 26 weeks pregnant, exceeding the legal limit of 10 weeks for at-home medication use.
The 45-year-old informed jurors during her trial, which followed a four-year police investigation, that she was unaware she had been pregnant for such an extended period.
“It was horrendous giving evidence, absolutely awful,” she told The Guardian newspaper last month.
However, the Society for the Protection of Unborn Children has labeled the proposed amendment “the greatest threat to unborn babies in decades.”
‘Widespread Support’
Antoniazzi’s amendment would not alter any existing laws concerning the provision of abortion services, including current time limits. Furthermore, anyone assisting a woman in obtaining an abortion outside the legal framework, such as medical practitioners, would still be subject to prosecution.
Approximately 50 organizations, including abortion providers, medical colleges, and women’s rights groups, have publicly endorsed the amendment.
They report that six women have appeared in court in England charged with ending or attempting to end their own pregnancy outside of abortion law in the past three years.
Carla Foster was incarcerated in 2023 for illegally obtaining abortion tablets to terminate her pregnancy when she was between 32 and 34 weeks pregnant. Her sentence was ultimately suspended by the Court of Appeal.
Around 140 Members of Parliament in the 650-seat parliament have publicly backed the proposed change.
It “has widespread support from MPs across the political spectrum and I am optimistic the Commons will support it,” Antoniazzi stated.
Lawmakers will be granted a free vote, meaning they can make their decision based on their individual views rather than adhering to party lines.
Northern Ireland decriminalized abortion for women in 2019. Scotland is currently reviewing its abortion laws.
