England and Wales are set to transform their abortion laws in what many are calling a major milestone for reproductive rights. This shift aims to prioritize women’s health, well-being, and autonomy and reduce the risks associated with backstreet abortions.
Under the proposed legislative amendments, women, particularly victims of abuse, will be protected from prosecution for terminating pregnancies. The amendment seeks to repeal parts of the outdated 1861 Victorian law, passed by an all-male parliament, that criminalized abortion and imposed life imprisonment which disproportionally affected vulnerable women.
To be enacted into law, the bill requires approval from both the House of Commons and the House of Lords. This amendment will only apply in England and Wales, as Scotland and Northern Ireland have their own abortion laws.
In 1967, abortion was legalized in England, Scotland, and Wales under certain conditions, but it was not fully decriminalized. The 1861 Offences Against the Person Act still applied to abortions performed outside the legal framework. Hence, medical professionals and others who helped women to have an abortion outside the existing lawful provisions continued to face the risk of legal action.
Decriminalizing abortion: A step forward
The amendment seeks to remove abortion from the criminal code which would align with Northern Ireland’s decriminalization in 2019, but will not change the existing abortion care provisions or professional regulations. The current legal framework, including the 24-week gestational limit, the 10-week telemedicine limit, and the requirement for approval by two doctors, will remain in place
Abortion trends in England and Wales
Since 2021, as the COVID pandemic hit, abortions increased by 17% and in 2022, a record 251,377 abortions were performed in England and Wales. As many as 86% of these were medically induced, and 99% were funded by the National Health Service.
Since late 2022, one woman has been convicted of illegal abortion, and another six are awaiting trial, whereas only three women were convicted of illegal abortion between 1861 and 2022.
Support and criticisms
Around 88% of Britons support women’s rights to abortion, according to YouGov surveys with this high percentage remaining consistent over time.
Heidi Stewart, British Pregnancy Advisory Service Chief Executive, welcomed the amendment, which she has advocated for since 2016.
“Women will no longer face prosecution for miscarriages or be arrested in hospitals under the outdated abortion law,” she said.
Dr Ranee Thakar, President of the Royal College of Obstetricians and Gynecologists, hailed the decision as a victory for women’s reproductive rights.
“This decision empowers women, affirming their rights and autonomy. It aligns with public opinion, which strongly supports safe and confidential access to abortion care.”
However, a leading pro-choice charity has voiced its concerns over the attempt to change the abortion law, stating that it lacks support from service providers and is not the right approach to overhaul the existing legislation.
