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Women’s Reproductive Rights in relation to Abortion ...

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Women’s Reproductive Rights in relation to Abortion Background In Northern Ireland ‘Abortion’ has long since been a controversial topic evolved around laws that are inadequate and unclear leading to the upmost confusion amongst the public, health care professionals, politicians, lobby groups and the media (Bloomer, 2013). The influence of the United Nations and other campaigning bodies at international and country-level has seen success, however provision of ‘abortion’ services is one which remains highly controversial (Baker, 2008). Theories of Reproductive Rights Women’s sexual and reproductive health is related to several human rights these being the right to life, the right to be free from torture, the right to health, the right to privacy, the right to education and the prohibition of discrimination. However, violations of women’s sexual and reproductive health rights are quite frequent. These include the denial of access to services that only women require such as the case of ‘Abortion’ in Northern Ireland. (CEDAW, 2014). Banyard (2010) stated that ‘women need full access to their reproductive rights if they are to participate in daily life as citizens equal to men’, taking into consideration women have these rights challenged, denied and restricted. This relates to Northern Ireland in the sense that women have to travel and pay for an ‘Abortion’ which compromises their health, equality and autonomy by contributing to later abortions. A statement issued by CEDAW (2014) concluded that ‘state parties should legalise abortion at least in cases of rape, incest, threats to life or health of the mother or severe foetal abnormalities’. This should also take into consideration access to quality post-abortion care, especially in cases of complications resulting from unsafe abortions. Current policy debates In 2003 the High Court responded that Abortion is legal in Northern Ireland ‘where the continuance of the pregnancy threatens the life of the mother, or would adversely affect her mental or physical health’. This however is not the case as around 95 per cent of women needing an Abortion are prohibited from having one (F.P.A, 2004). Currently women in Northern Ireland are legally subjected to the 1861 Offenses Against the Person Act in which section 58 criminalises any woman who has an Abortion and section 59

Women’s Reproductive Rights in relation to Abortion criminalises anyone trying to help a woman to Abort. Unlike the rest of the UK, Northern Ireland is not subject to the 1967 Abortion Act which exempts Abortion from criminal sanction upon the authorisation of two physicians acting ‘in good faith’ in a defined set of circumstances (Bloomer, 2012). However, the opening of Marie Stopes in October 2012 was a challenge to Northern Irelands legal situation, providing an alternative to legal abortion on the NHS and an option for individuals who met the grounds for legal Abortion. Although despite being UK tax payer’s women in Northern Ireland are prohibited from accessing an abortion free on the NHS in the UK and instead must pay privately to access these services (Bloomer, 2012). Department of Health (2010) statistics indicate that an average of twenty women a week travel from Northern Ireland to Britain to access abortions costing between £200-£2000 this takes into consideration travel and accommodation expenses (FPANI et al, 2010). This on the other hand creates barriers for women with low incomes as they may have difficulty in obtaining the funds and out of desperation borrow money from backstreet lenders (Rossiter, 2009). Many other women order DIY abortion pills online from sites such as ‘Women on the web’ an international medical service that help women access safe abortion pills and ‘women help women’ to self-abort at home. These can be used up to nine weeks of pregnancy in countries where access is limited. However, within Northern Irish law women who purchase the abortion pill can be prosecuted in court. Such was the case when a 21-year-old woman pleaded guilty to procuring her own abortion by using a ‘poison’ (abortion pill) and was given a three-month sentence suspended for one year (The Guardian, 2016). Laws that criminalise medical procedures only needed by women and that punish women who undergo those procedures are a barrier to women’s access to health care (CEDAW, 2014). The absence of guidelines for professionals who are required to operate under the Northern Ireland law has led to uncertainty, as there is no clear provision for abortion in cases of Rape or Foetal Abnormality (Smyth 2006). Guidelines were issued for abortion in 2009 but were later withdrawn following a judicial review taken by the ‘Society for the Protection of the

Women’s Reproductive Rights in relation to Abortion unborn child’ leaving Northern Ireland currently without any guidance for health care practitioners. At present, the guidance from the Department of Health Social Services and Public Safety is labelled as being extremely unclear and is subject to interpretation leaving many women and service providers in an uncertain position. This also takes into consideration the issue that the judiciary’s knowledge on abortion is also regarded as flawed (Alliance for Choice, 2010). Yet doctors and midwives must continue to treat and respond to women showing great distress over crisis pregnancies without consistent guidance as to the legality of their actions. It has been questioned by one commentator (Horgan, 2009) whether guidance itself is aimed at scaring doctors from carrying out any Abortions as stated ‘it is important for practitioners to appreciate that anyone who unlawfully performs a termination of pregnancy is liable to criminal prosecution’. The Human Rights Committee has stated that imposing “a legal duty upon doctors and other health personnel to report cases of women who have undergone abortion” fails to respect women’s right to privacy (WHO, 2012). It is not surprising to establish that legal judgements and ideological statements against abortion dominates the political debate in Northern Ireland, emerging from church and political leaders alike. An example is a statement made by Jim wells DUP politician ‘Pregnant rape victims should not automatically be permitted an abortion’ insisting the unborn child was the ‘ultimate victim’ and should not be punished by termination when adoption was possible’ (Bloomer, 2012). In the politician’s views, there tends to be no support in Northern Ireland for abortion rights as it was also established that political leaders ignored a petition with 14,000 signatures from Northern Ireland residents supporting reform of the law with regards to ‘Abortion’ (O’Dowd, 2010). However, the organisation Alliance for Choice campaigns for the extension of the 1967 Abortion Act to Northern Ireland. There initial aim was to raise awareness of the restrictive nature of Abortion in Northern Ireland amongst labour party members with a view that when labour reached power the legislation would be reformed, unfortunately this was not the case (Alliance for Choice, 2009). An opportunity did arise in summer of 2008 to rectify the legislation when an amendment to the ‘Human Fertilisation and Embryology Bill’ was tabled insisting upon an extension of the

Women’s Reproductive Rights in relation to Abortion 1967 Abortion Act to Northern Ireland. This failed to progress due to political management by NI politicians. Political opposition to abortion reform is on an almost 100 per cent cross party basis. Toynbee (2008) noted ‘abortion is one issue that binds Sinn Fein, the DUP, SDLP and Ulster Unionists. Although the former Alliance party leader David Ford has recently submitted a private bill seeking to reform the law around abortion in cases of ‘Fatal Foetal Abnormalities’. This is interesting as Amnesty International recently published statistics in which 67 per cent of respondents agreed that Abortion should be available in cases of Fatal Foetal Abnormality. Also 72 per cent believe Abortion should be available in cases of Rape and Incest, this indicates support for a change in the law within Northern Ireland (BBC, 2016). International comparison In the USA the ‘Hyde Amendment’ blocks, Medicaid funding for abortion services and penalises low-income women seeking an abortion forcing those already struggling with finances to pay the biggest proportion of her income for safe, legal care. This means that Medicaid is unable to cover abortion, even when a woman’s health is at risk and her doctor recommends she get an abortion (Planned Parenthood, 2016). Poland already has some of the most restrictive abortion laws in Europe as a termination is only permitted if there is a grave threat to the health of the mother, and in the instance that the pregnancy resulted from Rape or Incest. Currently thousands of women are expected to go on strike against a new law that would ban ‘abortion’. If this proposed ban became law all terminations would be criminalised and punishable up to five years in prison. Also, doctors would be liable for prosecution if found to have assisted an abortion (The Guardian, 2016). However, to reduce the rate of Abortion and address the prevalence of unsafe abortion the Human Rights Commission has recommended increased access to family planning services and education. In Sweden, the Abortion Law 1974 permits the disruption of pregnancy if the procedure will not seriously endanger the woman’s life or health (during the first 18 weeks). In the case of pregnancies between 12 to 18 weeks, the pregnant woman is required to discuss the abortion with a social worker. An abortion can only be performed on Swedish citizens/residents, or in cases where the National Board of Health and Welfare grants authorisation on special

Women’s Reproductive Rights in relation to Abortion grounds. E.g. if there is a serious threat to the life or health of the pregnant woman (UN, 2016). In Finland under the Abortion law 1970, an abortion must generally be performed within the first 12 weeks. However, in cases of ‘disease or physical deformity’ an abortion may be permitted. An abortion may also be performed up to the twentieth week if the woman is under 17 years of age or there are ‘other special reasons’ and up to the twenty-fourth week if ultrasonic examination establishes the embryo is seriously impaired (UN, 2016). However, in Canada having an abortion is not a criminal offense as in 1988 the Supreme court ruled that Section 251 was unconstitutional as it violated Section 7 of the Canadian Charter of Rights and Freedoms, which states the right to life, liberty and security of the person. At present, the abortion pill is not permitted (Rodgers, 2006). Despite Abortion no longer being a crime in Canada, it can still be difficult for women to terminate unwanted pregnancies. The lack of hospital based abortion provider’s means that women must travel to a centre that provides abortion incurring extra expenses. Recommendations In the case of women having to pay privately to seek an abortion in the UK it should be recognised that these individuals are UK tax payers and therefore should be entitled to receive an abortion through the National Health Service without any cost. Also it is clear that Northern Ireland needs to issue up to date guidelines in line with medical professionals clearly outlining in what cases an abortion can be performed and up to how many weeks in compliance with the law. At present Northern Ireland is still adhering to an outdated law with regards to the 1891 offenses against the person Act in which women can be criminalised for having an abortion under section 58. This needs to be reviewed and challenged as women are facing crisis pregnancies and need reassurance that the decision they make won’t leave them with a criminal record.

Women’s Reproductive Rights in relation to Abortion Bibliography: Alliance for Choice (2009) Responses to draft guidelines on abortion correspondence provided by J Cross, Alliance for Choice. Baker, M. 2008. “Restructuring Reproduction: International and National Pressures.” Journal of Sociology 44 (1): 65–81. Banyard, K (2010) The equality illusion: the truth about women and men today, 2nd edn, London: Faber&Faber limited. Bloomer F (2013) ‘Protests, Parades and Marches: Activism and Extending Abortion Legislation to Northern Ireland’, in L Fitzpatrick (ed.) Performing Feminisms Bloomer, F., Fegan, F. (2012) Critiquing recent abortion law and policy in Northern Ireland, Northern Ireland: Critical Social Policy. Bloomer, F., O' Dowd, K. (2014) 'Restricted access to abortion in the Republic of Ireland and Northern Ireland: exploring abortion tourism and barriers to legal reform', Culture, Health & Sexuality an International Journal for Research, Intervention and Care, 16(4), pp. 366-380. Committee on the Elimination of Discrimination Against Women (2008) Concluding Observations on the United Kingdom of Great Britain and Northern Ireland. Office of the United Nations High Commissioner for Human Rights. Committee on the Elimination of Discrimination against women (2014) sexual and reproductive health rights, Office of the high commissioner: United Nations. Davis, C (2016) 'Women to go on strike in Poland in protest at planned abortion law', The Guardian, 3rd October, p. 23. DHSSPS (2010) Revised Guidance on the Termination of Pregnancy: The Law and Clinical Practice in Northern Ireland. Belfast: DHSSPS FPANI (2004) Family Planning Association of Northern Ireland v. Minister of Health, Social Services and Public Safety. NICA 39. Court of Appeal in Northern Ireland. FPANI (2012) ‘FPA Survey Confirms Public Support for Abortion in Northern Ireland’. Henry McDonald (2016) 'Northern Irish woman given suspended sentence over self-induced abortion', The Guardian, 4th April, p. 19. Horgan G (2009) ‘Foreword’, in A Rossiter, Ireland’s Hidden Diaspora: The Abortion Trail and the Making of a London-Irish Underground, 1980–2000. London: IASC. Horgan, G., O' Conner, J. (2014) 'Abortion and Citizenship Rights in a Devolved Region of the UK', Social Policy & Society , 13(1), pp. 39-49. Planned Parenthood Action Fund (2016) Federal and State Bans and Restrictions on Abortion, Available at: https://www.plannedparenthoodaction.org/issues/abortion/federaland-state-bans-and-restrictions-abortion/ (Accessed: 14th November 2016).

Women’s Reproductive Rights in relation to Abortion Rodgers, S. (2006). Abortion denied: Bearing the limits of law. In C. M. Flood (Ed.), Just medicare: What’s in, what’s out, how we decide (pp. 107–136). Toronto: University of Toronto Press. Rossiter A (2009) Ireland’s Hidden Diaspora: The Abortion Trail and the Making of a London- Irish Underground, 1980–2000. London: IASC. Scally, D (2016) 'Poland backs payments aimed at reducing number of abortions', The Irish Times, 7th November, p. 13. Smyth, C (2016) 70% 'support Northern Ireland abortion law change', Available at: http://www.bbc.co.uk/news/uk-northern-ireland-37683637 (Accessed: 12th November 2016). Smyth, L. 2002. “Feminism and Abortion Politics: Choices, Rights, and Reproductive Freedom.” Women’s Studies International Forum 25 (3): 335–345. Strickler, J., and L. Danigelis. 2002. “Changing Frameworks in Attitudes toward Abortion.” Sociological Forum 17 (2): 187–201. Toynbee, P., ‘labours stitch-up will deny women fundamental rights’, Guardian, 21st October 2012. United Nations (2011) World Abortion Policies, America: Population Division Department of Economic and Social Affairs United Nations. WHO, (2012) Safe abortion: technical and policy guidance for health systems, p.17....