Engender blog
Modernising Scotland's abortion law
Today we launch our new report, ‘Outdated, harmful and never in the public interest - The urgent need to modernise Scotland's abortion law and prevent prosecutions.’
Here’s why...
1. The law is in urgent need of modernisation.
The legal framework which currently governs when an abortion is permitted is made up of a patchwork of laws that stem from as far back as the 17th century. These measures largely reflect the eras in which they were introduced, and the degrees of patriarchal control women were subject to at the time. Put another way, one of these laws was first introduced at a time when witch trials were still happening.
The law is therefore out of step with the experiences of women in modern Scotland for whom abortion is routine healthcare, accessed by around one in three in their lifetimes.
The report is informed by input from legal experts and medical professionals, detailing the wide-ranging support that exists for decriminalisation. It concludes with clear recommendations for Scottish Government and other key decisionmakers on what the next steps towards a modernised regulatory framework should be. These actions will be vital to support ongoing improvement in reproductive healthcare services and the safeguarding of reproductive rights for future generations of Scotland’s women and pregnant people.
2. Prosecutions for crimes of abortion are happening in Scotland.
Under the current law women and pregnant people in Scotland have no legal right to end a pregnancy. That decision ultimately sits with doctors, two of whom must authorise the request for an abortion. This layers unnecessary complexity onto service delivery and creates delays and barriers for women. Without this permission and compliance with other rules set out in the Abortion Act 1967, abortion is illegal across Britain, and women, healthcare providers and people assisting someone to have an abortion can be subject to prosecution.
The sharp increase in prosecutions for abortion related offences in England throws into stark relief how the legal framework is increasingly working at odds with modern clinical realities, and public health, human rights and gender equality obligations.
Our report examines the shortcomings of the current legal framework in Scotland in detail, including evidence that women have been charged and prosecuted for abortion related offences in recent years.
3. The current system in Scotland is not keeping step with international human rights standards.
With a few high-profile exceptions, countries across the world are increasingly modernising and liberalising their legal frameworks on abortion. Laws in Scotland, England and Wales now trail behind more progressive regulatory frameworks in most other European countries. Britain, including Scotland, has also failed to keep pace with international human rights standards. These are clear that access to safe, legal and timely abortion is a fundamental human right that must not be regulated using criminal law and penalties.
4. Abortion is treated differently under the law without medical justification.
Despite being one of the most routinely used and safe forms of healthcare- accessed by one in three women in their lifetimes, abortion is treated differently in law than almost all other medical procedures. In all other fields of healthcare, medical bodies are able to shape guidance and regulation based on best practice, rather than complex laws, including criminal law, from a bygone era. Dealing with abortion in this way creates a harmful stigma around an essential health service. It also prevents the development of services that are based on the best available clinical standards. Like all other healthcare, the governance of abortion should rightfully sit with healthcare regulators and professional medical bodies, not criminal courts.
5. Support for abortion rights is widespread
Decriminalisation is supported by the World Health Organisation, all relevant medical bodies in the UK, UN treaty bodies, trades unions and equalities advocates. In January 2024, 93% of those polled in Scotland agree that women should have the right to an abortion.
In Summary
The current legal framework in Scotland is:
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Outdated and falling behind international human rights standards
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Out of step with guidelines from global and national health bodies
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Impeding access to quality abortion care for women
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Perpetuating abortion stigma, harmful gender stereotypes and women’s inequality
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Preventing healthcare practitioners from providing the highest standards of care
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Causing women trauma and lasting harm, that is most pronounced for marginalised women and those in situations of vulnerability
The report sets out how:
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Women have been charged and prosecuted for crimes related to abortion in Scotland in the 21st century.
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Abortion is vital, routine healthcare and is one of the safest and most frequently accessed medical procedures used by women and pregnant people across the world.
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Decriminalisation of abortion is recommended by the World Health Organisation, major international human rights mechanisms, and all relevant professional medical bodies in the UK.
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Decriminalisation is needed for realisation of a wide range of women’s human rights and for government compliance with international human rights law.
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Safe and legal abortion is a cornerstone of progress towards women’s equality.
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Decriminalisation is in line with high-level commitments from Scottish Government on gender equality and would help future-proof against regression on women’s rights.
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Decriminalisation would remove unnecessary “chilling” pressures on healthcare professionals, who are exposed to potential criminal sanctions at work.
Read the full report here.
New report reveals stark gender divide in Scottish sports media coverage
A new report published today by the Equal Media and Culture Centre (EMCC), based at Engender, reveals a significant gender gap in how men and women athletes are covered in Scottish sports media.
New report reveals devastating impact of Covid-19 on access to pregnancy and maternity services
Engender and the Health and Social Care Alliance Scotland (the ALLIANCE) have today published a new report spotlighting women’s experiences of pregnancy and maternity services during the Covid-19 pandemic.
The report, ‘“Trauma, abandonment and isolation”: Experiences of pregnancy and maternity services in Scotland during Covid-19’, draws on survey responses from over 200 women across Scotland. It documents the profound and negative impact that public health restrictions had on access to vital healthcare across all aspects of these services from antenatal care, fertility treatment, to miscarriage and baby loss, birth and the postnatal period.
Key findings include:
- Confusing, contradictory and limited communication about Covid-19 mitigation measures caused extreme anxiety and distress for pregnant women.
- The shift away from in-person care to remote appointments was a barrier to adequate standards of care.
- Isolation as a result of restrictions negatively affected all aspects of pregnancy and maternity care. Women underwent invasive procedures, gave birth, and suffered miscarriage and baby loss without support, suffering trauma as a result.
- Inflexible and inconsistent application of guidelines across different health board areas and health settings led to uncertainty and perceptions of unfairness.
- A narrow focus on labour and delivery meant wider health needs were overlooked, including mental health and breastfeeding support.
- Gendered health inequalities, such as pain management and the lack of an intersectional approach, were exacerbated by the pandemic.
- Ongoing impacts include gaps in mental health support and experiences of trauma relating to isolation and poor care.
Jill Wood, Policy Manager at Engender, said:
“This research indicates that Covid-19 guidance and its application fundamentally failed to take account of women’s diverse needs and experiences during pregnancy and early motherhood. Confusing and contradictory communication, lack of in-person care and support, inflexible restrictions and inconsistent approaches across health board areas all undermined access to safe, dignified and quality healthcare.”
“The trauma caused by attending procedures and giving birth alone and the subsequent isolation, lack of support and adequate care, will stay with women long into the future."
"Scottish Government must learn from this, improve maternal health more broadly, and deliver on commitments on women’s health.”
Jane Miller, Academy Programme Manager at the ALLIANCE, said:
“Pregnancy and early parenthood can be challenging at the best of times. Our research shows that mitigation measures brought in during the pandemic exacerbated isolation and anxiety for many women in Scotland.”
“There is now an urgent need to centre the experiences and priorities of women in the ongoing Covid-19 Inquiry, and in the development of any future emergency guidance regarding healthcare. We must mitigate the risk of isolation and adopt flexible, person-centred approaches grounded in human rights and gender equality.”
A research participant said:
“It is essential that Scotland learns from people's experiences during the pandemic to improve maternity services and public health messaging. To do otherwise would be to fail, and further compound the trauma, of thousands of parents over the last few years.”
The report concludes with a series of recommendations aimed at the Scottish Covid-19 Inquiry and decision-makers in Scottish Government and health bodies. It highlights the need for a gendered and human rights approach to crisis management regarding healthcare, and for policy and services to take account of women’s particular experiences and needs at all life stages.
The report will be submitted as evidence to the Scottish Covid-19 Inquiry.
Read the report online here.
Apply now for our Board Pioneer Programme
Want to get involved in feminist governance and see how a board works? Find out more about our pilot Board Pioneer Programme in this blog.
Today we’re opening applications for Engender’s Board Pioneer Programme, a one-year opportunity to develop the skills and experience of someone who is interested in getting involved in feminist governance and finding out how a board works.
Our Board Pioneer will attend Engender’s board meetings over the course of a year, including our AGM, and get the chance to share their knowledge and expertise with our board, as well as building their networks within the women’s movement and contributing to Engender’s work for women’s equality in Scotland.
See the full advert and apply online here
Women's economic, social and cultural rights in Scotland
We recently submitted a shadow report, signed by 20 organisations, to the Seventh periodic report of the government of the United Kingdom on measures taken to give effect to ICESCR. In this blog, we share our gender edit of the List of Issues published by the CESCR Committee and take a look at some key issues raised.
The UN Committee on Economic Social and Cultural Rights is currently examining the UK on its performance under ICESCR (the International Covenant on Economic, Cultural, and Social rights). In 2022, the UK submitted its state party report (including input on devolved matters from Scottish Government), and the Committee received ‘shadow reports’ from civil society. Earlier this year we submitted a shadow report, co-signed by twenty organisations, which maps women’s rights in Scotland across the articles of ICESCR and highlights potential areas of focus for the Committee’s scrutiny. You can read more about our shadow report here.
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