According to research carried out by MSI Reproductive Choices, “this year, 35 million women will make the agonising decision to have an unsafe abortion.”
Unsafe abortions are a preventable health crisis taking many women's lives around the world; however most are the result of restricted access to abortion, whether by geographical location, financial situation, or law.
This is just one of many reasons why we believe women must have access to safe and effective abortion clinics. In this article, we will discuss abortion access in the UK and how a woman’s right and access to an abortion should not depend on where they live.
The Reality of Abortion Access in the UK
According to the Center for Reproductive Rights, “Each year, nearly 70 million women have unwanted pregnancies.” Despite this, UK abortion access and permissions vary between different regions and income groups. Let’s take a look:
England, Wales or Scotland
A woman can have an abortion in England, Wales or Scotland, provided the Abortion Act 1967 criteria are met. Here’s a summary:
It is lawful for a registered medical practitioner to terminate a pregnancy in an NHS hospital or medical premises that have been formally approved for this purpose.
Two doctors must agree that the pregnancy has not exceeded its 24th week and that continuing with the pregnancy would pose a great risk to the pregnant woman’s mental and physical health.
Abortion permission is automatically granted when termination is necessary to prevent grave injury to a woman’s physical or mental health (either in the continuation of the pregnancy or during the birth).
A pregnancy is terminated if there is a substantial risk that the child would be born with severe mental and/or physical abnormalities.
Abortion is permitted where it is needed to save the life of the pregnant person or spare them from grave physical or mental injury.
Northern Ireland
Abortion is allowed in Northern Ireland and is permitted within the first 12 weeks of pregnancy without the pregnant person having to give a reason for her choice. However, abortion is only available locally for women up to 20 weeks pregnant. Abortions needed or wanted past 20 weeks must be accessed in England.
Jersey
Women in Jersey can have abortions up to 12 weeks into their pregnancy. However, the abortion must be agreed upon by two doctors and the woman must prove that her pregnancy is causing her significant emotional and physical distress.
Isle of Man
Women can terminate a pregnancy up to 14 weeks pregnant on the Isle of Man. In some circumstances, this can be up to 24 weeks.
Republic of Ireland
A woman can access an abortion up to 12 weeks into her pregnancy (or later if there is a serious health risk to herself or the fetus). Many women choose to travel from Ireland to England to have an abortion carried out under the NHS, especially due to the 12 week abortion time limit.
Equitable Abortion Access is a Right
According to The National Institute for Health and Care Excellence, “Under the Abortion Act, doctors have a right of conscientious objection, unless the abortion is necessary to save the pregnant person’s life or prevent grave permanent injury.”
However, women do have the right to receive objective and non-judgemental care. As such, in the UK, doctors assessing a woman’s right to abortion must be as objective as possible.
As NICE emphasises, “Healthcare providers must not express their personal beliefs (including political, religious, and moral beliefs) to the person in ways that exploit their vulnerability or could reasonably cause them distress.”
If, in such a case as a mis-diagnosis or an abortion request being denied, a woman is fully within her right to seek a second opinion.
A Pregnancy Termination Cannot Proceed Without a Person’s Consent
Women cannot have abortions in the UK without giving their consent - except in circumstances where they lack capacity or a pregnancy termination is in their best interests.
Under 16s in the UK: If a woman is under the age of 16 in the UK, she can consent to having an abortion so long as she is competent enough to do so. In the case of a woman under the age of 16 who is not competent to make the decision for herself, the person with parental or legal guardianship responsibility can make the decision for her.
Abortion Law in the UK clearly states that pregnancy termination is a private matter between a woman and her doctor.
The woman’s partner has no legal right to demand or refuse an abortion on her behalf and, where the woman does not want her partner to know, the decision can be made in full confidence (unless there are exceptional medical or safety reasons for a doctor to justify breaching the confidentiality contract).
Abortion is Confidential, Always
Women in the UK have the right to discuss abortion, request abortion, and terminate their pregnancies with full confidentiality, as they would with any other medical procedure. This confidentiality cannot be breached unless there are exceptional circumstances that require a medical professional to do so.
Complexities Surrounding Abortion Access in the UK
While women have the right to access abortion services in the UK, several complexities can make it hard to do so, including:
Criminal Law
While abortion is legal in the UK, it technically remains a criminal offence under the Offences Against the Person Act 1861, which is why pregnancy termination in the UK requires approval from two doctors in order to be granted. This complexity can leave many women feeling confused about whether or not they will be ‘allowed’ to have an abortion and can put them off seeking professional advice.
Geographical Disputes
As you read above, there are significant differences between abortion laws and access in England, Wales and Scotland compared to Northern Ireland. This can lead to many women feeling stripped of their right to an abortion in Northern Ireland, with some not financially able to make the trip to England for an abortion under the NHS.
Harassment Outside Abortion Clinics
Unfortunately, the morality surrounding abortion has always been a hot topic and there are many abortion rights disparities amongst public opinion. As such, harassment, silent vigils, and protests outside abortion clinics are unfortunately frequent. These can be very distressing to women seeking pregnancy termination services, making a difficult situation even more challenging.
According to a report by The Guardian, to deal with this, “buffer areas of 150 metres around abortion clinics designed to stop women being harassed with leaflets, shown pictures of fetuses, or having to pass by vigils - were vital to protect women’s access to essential healthcare in an overwhelmingly pro-choice country [...] That is vital, because abortion is a fundamental healthcare right for women in the UK, which must be protected.”
Abortion Policy Solutions in the UK
Abortion in the UK must be safe, legal, and accessible to women - regardless of their financial situation or geographical location. Sadly, reproductive healthcare inequality still exists in many parts of the UK. Here are some of the most important abortion policy solutions providers must make:
Legal Reform
Although the UK is one of the leading countries in abortion rights, in some cases women have to jump through multiple hoops to access the treatment they need. Removing barriers, such as long waiting periods, third-party approval requirements, and restrictive gestational limits will help to increase access.
Expanding Abortion Access
Expanding access through better NHS funding (especially for women in remote areas), virtual appointments, and pills by post will help women get the treatment they need. What’s more, post-pregnancy treatments and support should be widely introduced to support women physically and emotionally after an abortion.
Better Sex Education and Attacking Stigmas
Schools must tackle abortion stigma and educate young people on practising empathy and showing understanding towards others. This education and de-stigmatisation are important and will play a vital role in advancing abortion accessibility.
