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UK Abortion Law Needs an Urgent Re-Think Before We Turn Into America

Posted: 12/04/2012 01:00

The collective preoccupation with abortion in the United States always seemed, to a British observer, to be a bit like cheeseburger soup or Rick Santorum - one of those passing American curiosities that, although vaguely unsettling, is never really going to affect life as we know it in Britain.

Until recently, UK politicians didn't really 'do' abortion. Perhaps the single most controversial issue in American politics, a moral wedge over which people fight, quite literally, to the death in the US, has always been a bit of a non-issue in Britain. Most people probably rarely give the matter a second thought.

But while the travelling misogyny roadshow that constituted the US Republican primaries was diverting our attention, Britain has slowly but surely started to develop its own anti-abortion culture.

Abortion is legal in the UK, but only just. We reached an uneasy consensus nearly 50 years ago, with the Abortion Act of 1967, which legalised the procedure only if two separate doctors assess a woman and declare in writing that continuing her pregnancy would put her at risk of grave harm to her physical and mental health. With a few minor tweaks here and there across the years, that is broadly how the position has remained.

The sentiment behind the legislation doesn't bear close scrutiny. After all, it seems unlikely that its moralistic box-ticking requirements are the only thing standing between us and a large-scale 'leisure abortion' industry, in which women regularly pamper themselves with a simultaneous abortion and facial.

But despite its anachronisms, until now, this gentlemanly fudge of a law has in practice allowed any woman seeking an abortion has been able to obtain one. Doctors, by and large, regard the supernumerary form-signing as a formality and in general, they don't bore into women's souls to comply with the letter of the law.

But recent political developments have thrown all this into disarray, and shown just how vulnerable this outdated legislation leaves both women and health-care professionals.

Last month the Telegraph revealed that Health Secretary Andrew Lansley had ordered the Care Quality Commission, the body which carries out inspections of hospital and care facilities, to carry out urgent unannounced inspections of around 250 abortion clinics, to check that they were adhering to the letter of the 1967 Act.

The quality of care they were providing was never in question. The stings were to ensure that the bureaucratic requirements of the law were being carried out in full. Amongst other minor breaches, the inspections found that up to one in five clinics had been 'pre-signing' consent forms before individual women had been seen.

This seemingly sensible time-saving procedure led to these clinics now facing investigations by the police, and potentially prosecution. The Head of the Care Quality Commission complained that the whole operation cost more than a million pounds of public money and forced the Commission to cancel around 580 inspections of hospitals and other care facilities in order to carry out Lansley's request. For a government that is so concerned with austerity, this is a staggering example of unnecessary jobsworth-ness at best, at worst, it's a witch hunt.

Lansley's stunt is part of a wider chipping away at abortion rights. Last year, Conservative MP Nadine Dorries introduced an amendment to existing legislation in parliament that would require all providers of abortion counselling services to be 'independent'- ie not themselves providers of abortion services. Experts argued that not only would this inevitably delay and heavily complicate the whole unpleasant procedure of obtaining an abortion, it would also open up the field to anti-abortion campaigners setting themselves up as counselling services in an effort to dissuade women from going ahead with the procedure.

The motion was heavily defeated by a majority of 250 votes, which should have been the end of the matter, but it was later revealed that the government were bypassing parliament and launching a separate 'consultation' on the issue, the results of which could yet see Dorries' plan put into practice.

All of this is set against a backdrop of a growing vocal anti-abortion movement in the UK. Amongst others, the US anti-abortion group 40 Days for Life is growing in support in Britain (incidentally pictures show that its membership is oddly heavy on the 'never likely to need an abortion' contingent- nuns, men and octogenarians mainly) and has been engaged in long running prayer vigils outside abortion clinics, allegedly filming women going in and out of their doors and attempting to persuade them to change their minds.

In this climate, the only way to truly guarantee a woman's right to choose is to rip up the current legislation and start again. The assumption that a woman is unable to make up her own mind about whether or not she should continue with a pregnancy, and instead needs two doctors to decide for her, is not just outdated but deeply sexist. She should merely have to give informed consent, as does anyone else seeking any voluntary legal medical procedure. Furthermore, doctors should not be forced to uphold fifty-year old moral codes at the risk of prosecution.

This is not a fringe issue - one in three women will have an abortion at some time in their lives before the age of 45, and under current law, a woman's right to choose whether or not to have a child is preserved by nothing more stringent than a gentleman's agreement.

The problem with gentlemen's agreements is that they don't necessarily serve women. It's time for an urgent change in the law.

 

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03:59 AM on 05/14/2012
Sure, a woman has a right to her own body, but the baby has his/her own body & should not be ripped apart in the name of choice. All life is precious, boyhood that of mother & child. When is it ok to kill a child in the womb? I say never!
01:40 AM on 05/07/2012
Abortion isn't a nice topic. I'm amazed the government want to go anywhere near it. It is very divisive. They should leave sleeping dogs lie and not interfere. Current legislation means that our abortion rate is lower than nations where abortion is illegal(e.g. Ireland), you cant get better than that!
11:36 PM on 04/18/2012
Your fifth paragraph may just be one of my all-time favourite quotes on the subject, up there with Molly Ivins' 'No woman seven months pregnant ever waddled past an abortion clinic and said, “Oh darn! I knew there was something I'd been meaning to get around to!” '

I completely agree we need a change in the law, and I'd actually go a step further and point out that the 'gentleman's agreement' of the 1967 Act has by no means always worked as smoothly as you're describing, and has on many occasions been used to delay or deter women seeking abortions. Well past time for an overhaul.
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LadyChef
Walk gently and carry a big rolling pin
01:36 PM on 04/17/2012
Seriously, women in the UK need to take heed. My United States of America is going back to the 50s and we seem to keep slipping back on that slippery slope every year.
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SecularAdvocate
Media Watcher
08:02 PM on 04/13/2012
Hilarious how the Huffpost huffs and puffs about how those nasty North Koreans are all over controlling people's opinion through censorship and media manipulation.

And then they have a little cabal of "moderators" censoring comments here with no right of appeal, no admission that your post ever even existed.

How about a "SecularAdvocate posted a comment in reply to this comment, but it was removed for breaching guideline x?"

How about at least sending a message to people who's comments you've censored, letting them know they've been censored?

See yourself on a continuum at all, with North Korea at one end, and Doug Stanhope at the other?

Here's a clue. Doug Stanhope invariably speaks the truth. But I understand how you "moderate" lightweights might not want to see it expressed or spoken.

Freedom of speech. Yes. But not here eh?
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SecularAdvocate
Media Watcher
12:58 AM on 04/13/2012
Just to flavour the debate a little away from the norm, anyone who wants to be better informed on the benefits to society of wise abortion law should read Freakonomics: A Rogue Economist Explores the Hidden Side of Everything, by Stephen Dubner and Steven Levitt (2005) (ISBN 0-06-089637-X).

They show how state by state in America the crime rate dropped significantly about seventeen years after abortion was legalised. Typically, it was always those short-termists the politicians who sought to claim credit for the reduced crime rates, and no-one wanted to hear the fact that once you legalise abortion society doesn't suffer so much crime 17 years down the line.

Unwanted and unloved children often grow to become dysfunctional young adults, and probably go on to become dysfunctional all their lives.
This comment has been removed.
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SecularAdvocate
Media Watcher
12:39 PM on 04/12/2012
Something I posted elsewhere but which was not removed:

I don't understand the moral compass of people who want to make abortion illegal but allow exceptions for rape and incest. And I suspect they don't understand them themselves. If the fetus is a person that needs protection under the law, the circumstances of their conception are surely irrelevant.

In admitting that cases of rape allow an exception, the people who want to pass these laws make it clear that their arguments are not really about personhood. They are about imposing the moral values of old religions on all modern women.

Once a child is three months old, can the mother have it killed if she can then finally prove that it was conceived as a result of rape? Of course not. Rape is not the issue.

If a woman is gang raped by enemy soldiers and becomes pregnant, and decides she wants the child, should she be forced to have it aborted? Of course not. Rape is not the issue.

Of course, they have to pretend that rape victims should be allowed exception, because otherwise the full horror of their philosophy is revealed. But whenever the abortion debate is raised, this is the crux of the matter. If the "pro life" people are really pro life, then they can't allow exceptions. So they lose. And if they can allow exceptions, they aren't really pro life at all, and are just vile hypocrites. So they lose.

Either way, they lose.
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HUFFPOST BLOGGER
Shreen Ayob
02:50 PM on 04/12/2012
You make the mistake of assuming pro-lifers use any sort of rational logic in their arguments. To me, it all seems like emotional garbage about the poor little defenseless baby suffering. Ugh.

If you care so much about life then treasure that which already exists: women's lives.
This user has chosen to opt out of the Badges program
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12:38 AM on 04/13/2012
'..moral values of old religions...'

We need to reclaim morality fast because morality and religious morality are becoming interchangeable terms which in reality they are not!
I am going to begin using religious morality in place of simple morality from now on if I see that an item is about religious morality.

Morality should not be a religious idea, because it did not start there and can exist without it, and although the two might have a convenient cross-over, they are quite separate !
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SecularAdvocate
Media Watcher
01:58 AM on 04/13/2012
Convenient cross-over?

If you want to explore modern ideas about morality try reading "The Moral Landscape" by Sam Harris.
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Catriona
Wha daur meddle wi me?
02:08 AM on 04/13/2012
Good points.
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SecularAdvocate
Media Watcher
12:26 PM on 04/12/2012
Wow. Both my posts removed. Of course there is no process of appeal, so no-one will ever be able to assess whether they were outside the guidelines or not. Kafka would be proud.

While people are free to expound the idea that God wants every conception to lead to an infant - a ridiculous idea that presupposes that everyone believes in God before it's valid, (not very moderate) if you want to express the idea that it's berserk human nature that leads to women being reviled and men being frustrated by their lack of control over women and their feelings about women that they can't manage to control, your comments will be excised.

Christopher Hitchens would struggle to be allowed to post here.

The bias inherent in your disallowing of posts is absolutely apparent.

I wouldn't want those who think abortion's not ok to be banned from expressing their opinion, but I'm completely confident that they don't want to hear, and will seek to ban being said, the real reasons why abortion bothers them so much.

And it's nothing to do with being pro-life.
07:31 PM on 04/13/2012
Keep on posting your posts, Advocate. Any time that you see a post of yours removed, hit "send" again. Eventually, these reactionary POS's, WILL get tired...
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AlanDente
Noses: made to hold glasses
12:09 PM on 04/12/2012
The situation in the US compared to the UK is sufficiently different to warrant an entirely different approach as evidenced in the article above.

Thankfully, we are not cursed with the rabid evangelical fundamentalism that appears to exist as standard in many US states. This is the root of the astronomical teen pregnancy rates seen there- arising from the insanity of 'abstinence only' programmes.

We should be able, as a society, to provide abortion upon request to any woman who requires it.

The only provisions on top of this ought to be checks for mental capacity, provision of further information upon request only, and support from sexual health services regarding future family planning.

Any attempts to restrict the law of this land in regards to abortion provision is a barefaced admission that religious conviction should allow people to impose their views on others.
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SecularAdvocate
Media Watcher
12:37 AM on 04/13/2012
You said it, AlanDente.

Amen to that.
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HUFFPOST SUPER USER
jessjesskk
Benevolent Zombie Power
08:21 AM on 04/12/2012
Women should be able to chose to do whatever they want with their body, whenever they want, and without any kind of moral judgement or any kind of moral pressure from the rest of society. Let's avoid the UK turning into the US and let's make sure this is a freedom issue without ANY kind of involvement from (i) men, (ii) religions, (iii) any moralist believing their beliefs should be imposed on anyone else
11:01 AM on 04/12/2012
Oh so you want women only to decide about the babies? Strange that when it suits women shout the odds to men if they want babies paid for once they're born yet don't want them to have any say when they're in the womb. The female holds the unborn but it is an amalgamation of 2 humans and whether the woman likes it or not I see no reason why a father shouldn't at least be able to have a say. I believe it is a sign of a poor society that doesn't give value to the baby in the womb. Abortions are done far more easily than was intended. I was in a ward where a woman was having her 3rd abortion and she was not bothered that the pregnancies had happened because she hadn't used contraception. As women we need to take more responsibility for our own bodies, for our sexual health and for the children we conceive.
We need also to value men rather than being disparaging - good men become good fathers.
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AlanDente
Noses: made to hold glasses
12:11 PM on 04/12/2012
That woman you refer to can decide for herself what happens to her body, even if it is unpalatable to us.

She clearly needs better sexual health support. What she doesn't need is her individual rights to be curtailed by religious demagogues who want to tell her what to do based upon a magic book.
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HUFFPOST SUPER USER
jessjesskk
Benevolent Zombie Power
12:17 PM on 04/12/2012
My POV is very simple: Women decide if they want the children or not. MEn decide if they want the children or not. If anyone does want, he has no further right or obligation. That's very simple. And very freedom-based.
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AlanDente
Noses: made to hold glasses
11:59 AM on 04/12/2012
An holistic approach to pregnancy services, including abortion services, will not exclude 'men' from the decision-making process, as you somewhat bizarrely state. I'm sure many women appreciate the support of both men and women in their lives when making difficult decisions, and have experienced such a situation myself.

For the record, I clicked 'favourite' before I read that bit, so knock one off your total.
06:41 AM on 04/12/2012
I support rights for women... Even those women yet to be born. I think those who are thinking about having an abortion should get as much information about it as possible and know precisely what it entails. I think an overhaul of the current U.K laws would be an excellent chance for a frank and open dialogue to air everyone's side of reproductive issues.
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Catriona
Wha daur meddle wi me?
02:18 AM on 04/13/2012
You're American.

Women know what they think and what they need, so forcing them to be part of your 'frank and open dialogue to air everyone's side of reproductive issues' would be irrelevant.

Kindly sod off, and MYOB.
03:54 AM on 04/13/2012
Catriona: Such charming language you use. Yes, I am American, quite happy and proud to be so. I'm also a mother of two small children. My agreement with the author of the article that an update in the U.K's laws would be good upsets you? I do not see why. Clarity is a good thing, and there sure is a problem with clarity in reproductive laws in the U.S. I do not think anyone should be forced to do anything. I advocate full disclosure of what abortion entails. What people choose to do with that knowledge is up to them, naturally. I personally favor giving the best chance for babies to live. Kindly be a little kinder and less prejudiced against people simply because of their nationality.
This comment has been removed.
02:01 AM on 04/12/2012
The purpose of the anti-abortion movements never has, and never will, be about life. It is entirely about punishing women for having sex.

“Pro-lifer” is a misnomer as these people typically support war and the death penalty. They are against any social program what would help women raise children. They are against providing education about contraception that would prevent an unplanned pregnancy, let alone access to it. They are against providing health care. The point is to make the life of women as miserable and difficult as possible simply because they had sex. That the unwanted child will inevitably suffer means nothing to them.

They do not believe that children are a blessing. They believe that children are the punishment women deserve for having sex. So much so that they believe a woman should die rather than abort a non viable fetus.

Life does not matter to these people. Only punishment and power does.
03:46 AM on 04/12/2012
Well, I'm quite strongly anti-abortion (though I'm not the sort of person who is against the morning-after pill.)

1) I have no interest in punishing women for having sex. Sex is an entirely natural thing, and punishing people for it is insane.
2) I am anti-war, and vehemently oppose the death penalty
3) I am entirely supportive of social welfare
4) I am fully supportive of educating people about contraception
5) I fully support the NHS, and the principle of nationalised, free-at-the-point-of-use healthcare
6) I don't want to make anyone suffer, which is why I don't oppose termination in the earliest stages
7) The unwanted child's suffering is something I completely understand; yet I see being unwanted as preferential to being non-existent.
8) I see all life as a blessing
9) I don't see children as a punishment at all, simply a responsibility
10) I don't have a problem with abortion if the mother's life is threatened.
09:17 AM on 04/12/2012
I only have two points to raise regarding your comment Will.

Firstly, you seem to believe that being unwanted is preferential to being non-existent. Quite how you came to this staggeringly intellectually backward comment stuns me. Do not make the mistake of confusing unwanted with abandoned. Some children are not lucky enough to be adopted, sometimes they end up stuck with parents who, for whatever reason, do not want them. This leads me to wonder if your understanding comes from experience, or from the desire to be seen as empathetic toward the plight of these children.

The second point you made being the one of abortion where the mothers life is threatened. Here we do agree. I noted with some dismay however, that this appears to be the only time when abortion would be reasonable, according to your moral sensibilities. Tying in with my first point about unwanted children, you might consider the following.

Would it not also be warranted for victims of rape to seek an abortion? After all, while their physical existence may not be threatened, the psychological damage caused by being forced to carry the child of a rapist would be just as damaging in the long run. Many rape victims that fall pregnant in countries where abortion is illegal, have sought out backstreet clinics or home "remedies" often with disastrous results.

I have to wonder where your ideas on abortion come from, and if you even understand what you are talking about.
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SecularAdvocate
Media Watcher
12:29 PM on 04/12/2012
Until you get pregnant (not very likely is it?) why don't you just mind your own business?
11:09 AM on 04/12/2012
Oh my goodness I kind of hope all that was written tongue in cheek....but fear it wasn't. What a MASSIVE generalisation. Your thinking and views are disturbing and I think say far more about you than about the people you refer to.
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HUFFPOST SUPER USER
Vanadesse 1067
Negativity kills everything beautiful
01:52 AM on 04/12/2012
Making sure the clinics are adhering to a law that was written in 1967??? Oh my.....have the British politicians been drinking the American Kool-Aid??