Campaign calls

We are calling for:

1. The full decriminalisation of abortion

This means:

• Legislation in the Scottish Parliament that decriminalises abortion in Scotland for all parties – those having, providing or assisting with an abortion
• No specific law governing non-consensual or unsafe abortion is introduced
• Unsafe and non-consensual abortion is governed by existing or amended general law, in line with all other areas of healthcare

2. The Abortion Act 1967 to be replaced with a modernised, rights-based framework for abortion care

• Disapplication of the Abortion Act in Scotland
• A robust process to create a new framework for abortion care in Scotland that is human rights compliant and based on international health standards

Why are we calling for this?

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. lawThe Act that dictates how, where and when women can access abortion care was created in the 1960s. These measures largely reflect the eras in which they were introduced, and the degrees of patriarchal control women were subject to at the time.

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.

All relevant professional healthcare bodies in Scotland support decriminalisation of abortion. This reflects the transformation in clinical practices and medical standards since the 1960s – the Abortion Act now acts as a block to best practice in abortion care and acts as a drag on NHS services under extreme pressure. Further details can be found in Engender’s report?on decriminalisation.

2. Scotland is below 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, including Northern Ireland (although the Westminster government recently took steps to decriminalise women who have an abortion outside of the law). 

Scotland has failed to keep pace with international human rights standards, as established by the United Nations and other bodies. 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.

3. Stigma persists.

Abortion is treated differently under the law than other forms of comparable healthcare, without medical justification. This is despite being one of the most routinely used and safe forms of healthcare – accessed by around one in three women in their lifetimes. In all other fields of healthcare, medical bodies are able to shape guidance and regulation based on evolving clinical standards and best practice, rather than complex laws, including criminal law, from a bygone era. This creates harmful stigma around an essential health service. Like all other healthcare, the governance of abortion should be beyond the reach of criminal courts.

 4. Support for modernised abortion law is widespread.

Routine polling demonstrates overwhelming support in Scotland for women themselves to have control over their decision to have an abortion. Repeat polling shows that 83 and 97% agree women should have the right to an abortion. The World Health Organisation advocates for full decriminalisation of abortion on grounds of access to quality abortion care, equality and human rights. Decriminalisation is supported by all relevant medical bodies in the UK, UN human rights treaty bodies, trades unions and equalities advocates.

5. Police investigation and prosecutions for abortion offences have taken place 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 still illegal across Britain, and women, healthcare providers and people assisting someone to have an abortion can be subject to police investigation and prosecution. Those who have an abortion outside these parameters will soon be decriminalised in England and Wales, but abortion care providers and other third parties remain subject to criminal law. 

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 Scottish Government’s obligations on public health, human rights and gender equality.

Engender’s 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. 

Our Principles

• Non-regression
• Advancing gender equality and non-discrimination
• Intersectionality
• Compliance with international human rights standards
• Compliance with international health standards
• Modernisation
• Positive impact on healthcare workforce
• World-leading