Campaign launched to abolish old law which means abortion is still technically illegal in England and Wales

The UK is yet to fully decriminalise abortion
AFP/Getty Images
Bronwen Weatherby28 October 2019

A campaign has been launched to abolish an old law which means abortion is still technically illegal in England and Wales.

In the wake of decriminalisation of abortion in Northern Ireland earlier this week, campaigners say England and Wales now have "the most draconian abortion laws in the union".

The law in question is the 1861 Offences Against The Person Act, which harks back to the Victorian era.

While abortion, via an authorised provider, was legalised in the 1967 Abortion Act, the deliberate ending of a pregnancy was not.

Women in Belfast celebrate the change to abortion and same sex marriage laws in Northern Ireland this week
PA

The old statute was kept in place, meaning every woman who has an abortion today is merely being allowed an exception to the 19th century ruling. It means they can still technically be criminalised.

Women’s media company Refinery29 found 90 per cent of 1,000 women it surveyed did not think abortion is a criminal offence.

Refinery29 have launched the I'mACriminal campaign, aimed at abolishing clauses 58 and 59 of the 1967 Act and fully decriminalising abortion in England and Wales specifically. It recently surpassed 2,000 signatures.

Diane Munday, who campaigned for the 1967 Act and has battled ever since to remove the 1861 Act, started this petition.

Diane Munday has spent her life campaigning for abortion rights

She told the Standard: "I never thought it would take over 50 years to get rid of the old Act.

"In those days the general feeling of the population was such that we had to negotiate the bill point by point - it was all we could do to get the Bill passed.

"I am incredibly proud of the Act because it paved the way for the rest of Europe. And in fact, we have now fallen behind most European countries in liberalising abortion laws.

"When we sat outside the House of Commons after the last long night debate, when we knew the law would go through, we were drinking champagne and eating strawberries. But I said I would only drink half a glass because the job was only half done."

Women in 1980 demonstrate in favour of legal abortions
Getty Images

Ms Munday watched the events in Northern Ireland unfold on Tuesday. When the Bill passed, despite attempts by some politicians to form an assembly and thwart the legislation, she had another glass of champagne ready.

"This time I only had a quarter of a glass," she said. "The other quarter I will drink when abortion is completely decriminalised in the UK."

Ms Munday has been fighting for women's abortion rights for almost 60 years. It began when she was married with three children, all under the age of four.

She got pregnant and was instantly certain that what was best for her and her family was to have a termination.

Campaigners are now supporting the campaign to fully decriminalise abortion in the rest of the UK
AFP/Getty Images

Even though it was illegal, abortions still happened. People like Diane - who could afford it - paid for an expensive procedure with a Harley Street doctor. Others, however, faced backstreet abortions, which were extremely dangerous.

"I felt it was so wrong that while some could afford it, others had to resort to that," Ms Munday said. "I even had a family friend who died from one.

"While I was working up in London in a teaching hospital, I mentioned it to my colleagues and they told me how common it was."

She said hospitals would leave specific beds free, knowing they would later be needed by women requiring medical attention after having illegal abortions.

Ms Munday said: "Friday was pay day in those days and meant that's when people could get the money together to have them done.

"It was so common, full of women. Some bleeding, some septic, some dying. That sight alone has been enough to keep me fighting for 60 years."

Vicky Spratt is fighting to abolish law which still criminalises abortion in England and Wales

Vicky Spratt is also part of the petition campaign. She said: "Not many people know that the law still exists and it's really important that we undo it.

"Abortion should be treated as a medical issue, not a criminal one.

"Right now, for instance, if you sought an abortion and were told there was a long waiting time - and waiting times are getting longer - and you thought instead that you would buy abortion pills online, then you could still be prosecuted. And there are cases where this has happened.

"One in three women will have an abortion by the time they're 45 in this country. And yet, anti-abortion protests are on the rise outside our abortion clinics, so it's clear that a stigma prevails."

Refinery29 also found 84 per cent of women think there is still stigma attached to abortion in the UK. Ms Spratt believes a repeal of the old law would help eradicate this.

She said: "It would remind women that they're not doing anything wrong.

"Medical experts agree that the 1967 Act is no longer fit for purpose and should be updated. Do we really still need two doctors to sign off on abortions, for instance?

"We need modern legislation that reflects the needs of modern life and the capabilities of modern medicine. A Victorian law has no place in this arena."

View the petition here.

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