What does decriminalising abortion really mean?
Leading women’s healthcare charity MSI Reproductive Choices has called on MPs to decriminalise abortion in England and Wales, pointing to the “unprecedented” number of women facing criminal investigation.
What would decriminalisation look like?
At present, abortion is legal up to 24 weeks with the approval of two doctors. After this cut-off, terminations are allowed only in very limited circumstances - and after 10 weeks, the procedure must be carried out in a clinic or hospital. Outside of this, abortion remains criminalised under the 1861 Offences Against the Person Act and the Infant Life Preservation Act 1929, carrying a maximum sentence of life imprisonment.
In November 2023, Labour MP Diana Johnson put forward an amendment to the Criminal Justice Act that would stop the possibility of women in England and Wales being prosecuted or jailed for ending their own pregnancies.
As MSI explains, this would not fully decriminalise abortion or remove the 24-week limit, but rather end the “rare and distressing” instances in which women face criminal investigation or even prison for ending their pregnancies. In such instances, women require compassion rather than punishment, says MSI.
Why is MSI calling for this now?
The charity has advocated for decriminalisation for decades, but argues that it has become all the more urgent given the “unprecedented” number of women facing investigation. MSI says it knows of up to 60 criminal inquiries in England and Wales since 2018, compared with almost zero before.
While it’s not yet confirmed when the amendment will be put before parliament, recent polling of MPs for The Times found that the majority favour decriminalisation - and Johnson told The Guardian she was “hopeful” the amendment would pass. The Health Secretary and the Chancellor have even indicated that they may vote for the amendment.
Why does this matter?
MSI has stressed that if MPs do vote to decriminalise women seeking abortion, it will send an important global message at a time when reproductive rights are increasingly under threat. This is most notable in the 2022 overturning of the right to abortion in the US, with the end of Roe v. Wade.
Nevertheless, there are glimmers of hope. Many Latin American countries have eased restrictions in recent years, and in 2022 MSI successfully campaigned to change the abortion law in India so that all women - married or not - have the right to safe and legal abortion.
2024 is set to be the biggest election year in history, with voters heading to the polls in over 60 countries. This, says MSI, makes it all the more important that governments, organisations and donors show their support now for reproductive rights.
To find out more about MSI’s work around the world and to support them at this critical time, click here.
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