Resolution: Decriminalising abortion

It is a criminal offence in England, Wales and Scotland for a woman to procure her own abortion. It is only legal if two doctors decide that she meets the grounds of the Abortion Act (1967).  In Northern Ireland abortion is already decriminalised, allowing a woman to decide to end her own pregnancy without fear of prosecution.

However, there are a small number of women who end a pregnancy outside of these parameters. They are often vulnerable women, many with complicated obstetric histories or mental health problems. However, rather than being supported in this situation, some women face criminalisation and face one of the harshest penalties for abortion in the world.

In England, in 2023, a woman was sentenced to 28 months in prison for using abortion pills to end her own pregnancy.  This type of prosecution is not in the public interest, and after public outcry and calls from professional organisations, the woman was released from prison early. Nevertheless, two other women await similar trials.

In England and Wales, Labour MP Dame Diana Johnson has proposed an amendment to the Criminal Justice Act preventing the prosecution of women who end a pregnancy outside of the 24-week limit. MPs are expected to vote on it soon. The Scottish government has committed to reviewing abortion laws to ensure they are a healthcare matter rather than one of criminal law. It intends to publish proposals for reform before the end of the current parliamentary session in 2026. In Northern Ireland, while abortion has been decriminalised, the RCN has highlighted the commissioning of abortion services remains incomplete and ultimately unsatisfactory.

To ensure that abortion can be managed as a healthcare issue with care and compassion and not as a potential crime, we are asking the RCN to support calls on the UK Government to decriminalise abortion across the UK with pending or current prosecutions suspended. Many organisations, including the Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists, already support this campaign.

Decriminalisation would mean that abortion, like any other healthcare procedure, would be subject to regulatory and professional standards, rather than criminal sanctions. Abortion services will continue to be tightly regulated, with staff responsible to their professional regulators, and the rights of conscientious objection upheld. However, abortion should be treated as a health, rather than a criminal issue.

We therefore ask that the RCN actively backs the campaign for total decriminalisation of abortion in the UK and issues a position statement as such. 

The reading list for this debate is available here.

References

BMA (2017) ‘Decriminalisation of abortion: a discussion paper from the BMA’. Available at: https://www.bma.org.uk/media/1142/bma-paper-on-the-decriminalisation-of-abortion-february-2017.pdf (Accessed 14 March 2024).

BMA (2019) ‘The removal of criminal sanctions for abortion: BMA Position Paper’. Available at: https://www.bma.org.uk/media/1963/bma-removal-of-criminal-sanctions-for-abortion-position-paper-july-2019.pdf (Accessed 14 March 2024).

BMJ (2023) ‘Great Britain’s laws need urgent reform to end the criminalisation of abortion’. Available at https://www.bmj.com/content/382/bmj.p1557 (Accessed 26 March 2024)
Decriminalising Abortion in the UK: What Would It Mean? 1st edn (2020). Bristol University Press. https://www.jstor.org/stable/j.ctv10tq4d2 

Limb M (2023) The two doctors rule for authorising abortion should be scrapped, recommends review, BMJ, 380, p. p563.

RCOG (no date) Reforming Abortion Law. Available at: https://www.rcog.org.uk/about-us/campaigning-and-opinions/position-statements/reforming-abortion-law/ (Accessed 14 March 2024).
The Royal College of Midwives (2023) ‘Position Statement: Abortion’. Available at: https://www.rcm.org.uk/media/6852/rcm-abortion-position-statement-2023.pdf.

The Royal College of Nursing (2018) Decriminalisation of Termination of Pregnancy. RCN Membership Response | Royal College of Nursing. The Royal College of Nursing. Available at: https://www.rcn.org.uk/Professional-Development/publications/pub-007005 (Accessed 14 March 2024).

Thomas T. Outrage at jail sentence for woman who took abortion pills later than UK limit. Guardian. 12 June 2023. Available at: https://www.theguardian.com/world/2023/jun/12/woman-in-uk-jailed-for-28-months-over-taking-abortion-pills-after-legal-time-limit (Accessed 18 March 2024).

(No date) Abortion Bill - Parliamentary Bills - UK Parliament. Available at: https://bills.parliament.uk/bills/2302 (Accessed 14 March 2024).