Abortion: Law, Safety and Ongoing Debate

The topic of abortion is one of the most controversial issues concerning women in modern society. As taboo as the subject may be, it affects many women worldwide. In five per cent of the world’s countries, abortion is strictly prohibited, even when the woman’s life is at risk.

Recently, the State of Texas decided to implement a ban on all abortions after six weeks of pregnancy. This decision has sparked heavy debate and prompted protests and widespread concern across America. The new development in abortion law has led many people to reconsider whether the matter should be a legal one at all.

The landmark case of Roe v. Wade established the precedent in America that regulating abortion would be unconstitutional.

The case ensured that American women had a distinct right to an abortion during the first twelve weeks of pregnancy. However, recent events have brought into question whether this precedent still stands.

The current President of the United States, Joe Biden, spoke out against the ruling. He stated that the highest court would allow millions of women in Texas in need of reproductive care to suffer while courts deal with procedural complexities. Although the new law does not necessarily criminalise the procedure, its wording implies that lawsuits could be brought against people who aid, abet or perform abortions within the state.

This has many indirect implications.

Studies have shown that in places where abortion is criminalised, the rates of abortion do not fall, but the safety of the procedure is compromised. In countries where abortion is illegal, around forty-seven thousand women die from unsafe abortions every year, and many others suffer long-term health issues. The decision in Texas has left many across the state fearing for their futures.

A Texan gynaecologist told the BBC that she is worried about people who will be forced into continuing an unwanted pregnancy and also fears for her own career. This contentious decision will have significant implications for women across the state and could put many people in precarious situations.

Comparatively, in Great Britain, abortion has been legally available to women since the Abortion Act 1967.

The Act stipulates that abortion is accessible in situations where there is risk to the life of the pregnant woman, to prevent grave permanent injury to her physical or mental health, to prevent risk of injury to her family, or where there is substantial risk that the child would be severely handicapped by physical or mental disability.

Although abortion is technically illegal under the Act without medical permission, the procedure is freely available in practice because abortions are granted on the basis that continuing the pregnancy would cause the mother physical or mental harm.

On Monday, the twenty-first of October 2019, abortion was officially decriminalised in Northern Ireland. The UK Government voted to repeal sections fifty-eight and fifty-nine of the Offences Against the Person Act 1861.

By repealing these sections, abortion ceased to be treated as a criminal offence in Northern Ireland. This meant that across the United Kingdom, women could legally access the procedure according to the specifications set out in the Abortion Act 1967.

The ramifications of this decriminalisation were significant. Although prosecutions under the Offences Against the Person Act 1861 had been rare in recent decades, a 1994 survey of general practitioners in Northern Ireland found that eleven per cent had seen evidence of amateur abortions.

The effects of the decision ensure that Northern Irish women can access abortion care locally, at an earlier gestational stage and without the fear and stigma associated with services deemed unlawful. Access to medically certified professionals and sanitised spaces greatly reduces the risk of abortion and ensures that the mother is safe.

Backstreet abortions are one of the most common causes of maternal mortality, and studies have shown that in countries where abortion is legalised, maternal death rates fall. The increased legality of abortion in the UK has therefore been highly beneficial to women’s health.

There are many reasons people oppose abortion. The most notable arguments are religious. The Catholic Church holds the position that abortions should only occur in situations where there may be an unintended side effect of causing a child to die in the womb, such as the removal of a cancerous uterus.

The Church also maintains that life is a gift from God and every foetus should be treated as such. Many other religions hold similar beliefs regarding foetal rights. Religions that oppose abortion with few or no exceptions include the African Methodist Episcopal Church, Assemblies of God, Roman Catholic Church, Church of Jesus Christ of Latter-day Saints, Hinduism, Lutheran Church Missouri Synod and the Southern Baptist Convention.

Some people also believe that abortion discriminates against disabled people. A statement from the Disability Rights Commission about the Abortion Act 1967 states that it reinforces negative stereotypes of disability and that permitting terminations at any point during pregnancy on the ground of risk of disability, while time limits apply to other grounds, is incompatible with valuing disability and non disability equally.

In conclusion, many people argue that abortion should be treated as a personal medical matter rather than a legal one. While arguments against abortion can be reasonable, they are personal standpoints and should not be imposed on the public as a whole. Abortion can be a lifesaving procedure, and when it is prohibited, the risks faced by many women are severe.

The new laws in Texas highlight an outdated view. In the modern world, women should be able to make informed decisions about their pregnancies and should have the option to terminate if they choose. Whether abortion is legalised or not, many women will still seek the procedure.

It is worth noting that legalisation does not significantly increase abortion rates. Studies show that abortion rates are similar in countries that prohibit abortion and in those that broadly allow it. Criminalising abortion does not stop women from requiring it and is not effective.