MPs are expected to vote on Tuesday on a proposed change to abortion laws in England and Wales that would prevent women from being prosecuted for ending their own pregnancies.
Under current law, women can face criminal charges for terminating a pregnancy beyond 24 weeks or without the approval of two doctors. The law still carries a maximum sentence of life imprisonment.
Recent court cases have drawn public attention to the issue. In one case, a woman was acquitted by a jury. In another, a woman was released from prison after an appeal.
Labour MP proposes amendment
Labour MP Tonia Antoniazzi has put forward an amendment to change the law. Her proposal seeks to ensure that no woman would be committing a criminal offence by ending her own pregnancy at any stage.
"Women are currently being arrested from hospital bed to police cell and facing criminal investigations on suspicion of ending their own pregnancy," Antoniazzi told AFP.
"My amendment would put a stop to this," she said, calling it "the right amendment at the right time".
Current law and its limits
Abortion remains a criminal offence under the Offences Against the Person Act, a law dating back to 1861. The Abortion Act 1967 allows terminations under certain conditions, including up to 23 weeks and six days if done by an authorised provider.
Abortions beyond that limit are allowed only in limited situations, such as if the mother's life is at risk or the baby is likely to be born with a serious disability.
A temporary update during the Covid-19 pandemic allowed women to take abortion pills at home for up to 10 weeks into a pregnancy.
In May, Nicola Packer was acquitted after taking prescribed abortion medicine when she was around 26 weeks pregnant. Her case followed a four-year police investigation. Packer told jurors she did not realise how far along her pregnancy was.
"It was horrendous giving evidence, absolutely awful," she told The Guardian last month.
Opposition to the proposal
The Society for the Protection of Unborn Children has criticised the amendment, calling it "the greatest threat to unborn babies in decades".
What the amendment would change
Antoniazzi's amendment does not seek to alter existing regulations around abortion services or time limits. It also does not change the law for anyone assisting a woman with an abortion outside legal provisions, such as medical practitioners, who would still face prosecution.
Around 50 organisations, including abortion providers, medical colleges and women's rights groups, have expressed support for the amendment.
They have pointed out that six women have appeared in court in England in the last three years, charged with ending or attempting to end their own pregnancies outside abortion law.
Carla Foster was jailed in 2023 after obtaining abortion tablets when she was 32 to 34 weeks pregnant. Her sentence was later suspended by the Court of Appeal.
Support from MPs across parties
Some 140 MPs in the 650-member parliament have publicly supported the proposed change.
It "has widespread support from MPs across the political spectrum and I am optimistic the Commons will support it," said Antoniazzi.
The vote will be a free vote, allowing MPs to vote based on personal views rather than party instructions.
Abortion was decriminalised in Northern Ireland in 2019. Scotland is currently reviewing its abortion laws.
(With inputs from agencies)
