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The Global Movement Towards Decriminalisation of Abortion: A discussion hosted by iProbono

11 May 2021

iProbono recently hosted a webinar titled “The Global Movement Towards Decriminalisation of Abortion: Challenges and Strategies” to discuss the importance of the option of abortion and more. This panel discussion is a part of a two-day workshop on “Reproductive Rights as Social Rights: Fostering Access and Implementation” co-organised by iProbono, the Faculty of Law of Chinese University of Hong Kong, and the City Law School of the University of London.  The panellist for day one included Strathclyde University (UK) School of Law Reader in Law Dr. Mary Neal, University of London (Northern Ireland) City Law School Professional Programmes Team BPTC Lecturer Lynne Townley, and New Zealand Family Planning Chief Executive Jackie Edmond.  Day two will feature panellists Action Canada for Sexual Health and Rights Director of Health Promotion Frédérique Chabot, Family Planning NSW (Australia) CEO Ann Brassil, and Centre for Reproductive Rights (USA) Staff Attorney Gail Deady.  Starting off day one, Dr. Mary Neal opened the discussion by explaining the abortion laws in Great Britain in the past and present, and what’s in store for the future. “Before the Abortion Act of 1967, one could only get an abortion if the abortion was done in good faith of the mother’s life or health. In different parts of the countries, the exception to this law was seen in case of statutory rape as well.”  She said the current law carves exceptions in the criminal law, meaning abortion is a crime unless authorised by doctors on certain grounds. Moving on, she talked about the case for decriminalisation of abortion in the UK, where it was pointed out that the law is designed for a previous age when sexual mores and women’s place in society were very different. “There was much more paternalism in medicine and much less emphasis on patient autonomy. Nowadays, we emphasise patient autonomy and reject professional paternalism, so pregnant people, not doctors, should decide.”  Dr. Neal also observed that it is wrong for desperate women to be burdened by the risk of life imprisonment for something they have no control over. To prove her point, she used the examples of a few women who were necessarily prosecuted for procuring abortions pills online to go through an abortion on their own terms; they were sentenced to up to eight years in jail for child destruction under the 1929 Act, which is severely outdated in modern times. She argued for abortion to be viewed as routine healthcare, so that women may obtain safe and legal abortions instead of opting for various pills that may harm their life.  Next up, Jackie Edmond announced that New Zealand decriminalised abortions just last year. “The law was based on the English law and had the same law in place since 1977, so we are very fortunate that decriminalisation was a part of the presidential campaign where it was instigated.”  In 2019, the law was introduced and in 2020, the Bill was passed to legalise it, which has made it a lot safer for women that want to get an abortion done. Once the procedure for reform was underway, their advocacy activities intensified. “We began communicating with staff and members and had media campaigns as well; we were presented with a lot of opportunities to be on television and educate people on the topic. We received a lot of support, and people began understanding why we were advocating for it.”  As the Bill was a government-sponsored bill, it was passed pretty early. Right before the country imposed the Covid-19 lockdown, the Bill was passed with support from the masses, without any drama, Edmond explained. With their campaigns, they had a strong impact on government politicians who were on the fence about the Bill.  Sharing her success story on the way to legalising abortion, Edmond explained that they shared their campaign and strategies and that they were the middle ground and right-wing group towards this move. “We continue to be the voice of reason, and work alongside the required people collaboratively.”


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