Commentary: The Quiet Erosion of Reproductive Rights in Britain

Written by Luella Shasha

On 22 January 2025, the 52nd anniversary of Roe v Wade will pass—a landmark ruling that once safeguarded the right to abortion in the United States. Nearly three years after its reversal, the ripple effects continue to spark outrage, casting a long shadow over reproductive rights.

For many in Britain, the rollback of Roe v Wade feels like a distant political tragedy, yet it serves as a sobering reminder: hard-won rights can vanish in the blink of an eye. Closer to home, Britain’s abortion laws remain rooted in Victorian-era morality, quietly perpetuating a system that criminalises women’s choices and hands control of their bodies to others.

A Bleak Legal Framework

Despite its reputation for progress, Britain’s legal framework tells a far bleaker story. Under the 1861 Offences Against the Person Act, abortion is still a crime punishable by life imprisonment unless specific exceptions under the 1967 Abortion Act are met. While that Act is often hailed as a milestone for women’s rights, it was introduced to reduce backstreet abortions, not to grant autonomy. Even today, women must secure the approval of two doctors, who act as gatekeepers, determining whether their case meets narrow criteria. In cases of rape, the decision is still not theirs to make.

Disproportionate Burdens on Vulnerable Women

The burdens of these outdated laws fall disproportionately on the most vulnerable. Migrant women, barred from NHS-funded services, likely face insurmountable barriers. Many are forced to seek online abortion medication, a risky and precarious option. Low-income women endure long, costly journeys to clinics, disclosing private details to arrange childcare or cover travel costs. Ironically, the 1967 Act aimed to curb dangerous backstreet abortions, yet its continued criminalisation drives vulnerable women toward similarly unsafe alternatives.

Rising Prosecutions

Prosecutions for illegal abortions, once rare, are increasing. Since December 2022, six women have been charged, and one convicted, reflecting an escalating criminalisation of reproductive healthcare. Labour MP Stella Creasy has warned that Britain’s abortion rights are far more fragile than many realise. The case of Carla Foster, a 44-year-old mother sentenced to 28 months in prison for ending her pregnancy beyond the legal time limit, starkly illustrates these dangers. Although her sentence was later reduced, her ordeal highlights how the law fails women in their most vulnerable moments.

A Hostile Political Landscape

Such prosecutions deter healthcare providers, creating further barriers. Dr Andrew Green of the British Medical Association has stated that “criminalisation of abortion care belongs in a different era.” This sentiment was echoed during the June 2023 Demand for the Decriminalisation of Abortion Protest in London, where demonstrators carried placards declaring “Healthcare, not handcuffs.” Yet the political climate remains hostile, with figures like Jacob Rees-Mogg opposing abortion even in cases of rape, and proposals to lower the legal time limit gaining traction.

The Ripple Effect of Anti-Abortion Activism

The influence of Roe v Wade’s reversal is palpable in Britain, where anti-abortion groups emboldened by American counterparts are gaining ground. This activism has tangible consequences: fear of prosecution deters doctors, while bureaucratic hurdles delay care. In rural areas, these delays are acute. Although NICE recommends abortion care within a week, overstretched services mean waits of three weeks or more, pushing some women toward riskier procedures.

The Need for Reform

The cracks in Britain’s abortion laws are impossible to ignore. Delays, stigma, and the risk of unsafe alternatives point to a system desperately in need of reform. For a country that prides itself on progressive values, the reliance on a 19th-century legal framework exposes a troubling hypocrisy. Creasy’s call for legislative change offers a path forward, but dismantling this antiquated framework will require bold political action.

The anniversary of Roe v Wade offers both a warning and an opportunity. Without reproductive choice, women’s autonomy is curtailed, leaving them at the mercy of punitive laws. The question is not whether reform is needed, but how much longer Britain can afford to wait.

For support and advice on abortion in Bristol, contact:

The Willow Tree Centre: Offering confidential advice and counselling for women considering abortion

Marie Stopes UK (Bristol Centre): Providing sexual health and abortion care.

BPAS (British Pregnancy Advisory Service) Bristol: Delivering advice, support, and abortion services.

To take action, consider signing this petition for the decriminalisation of abortion. Every signature helps amplify the call for change: https://petition.parliament.uk/petitions/700014

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