Rosemary Bennett, Social Affairs Correspondent
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Britain’s 40-year-old abortion law flouts the legal principles that underpin modern medical practice, 85 academic lawyers and ethicists say today.
In a letter to The Times they urge MPs to remove the “qualifying conditions” on abortion that require women to obtain signed permission from two doctors, calling it “an anomaly”.
Modern medical practice makes clear that individuals are entitled to make their own healthcare decisions, even if they appear wrong or irrational to others, they say.
The courts have upheld that a woman can refuse a Caesarean section even if it is essential to save her life or that of her unborn baby.
The intervention of the academics comes as MPs prepare to vote on a series of amendments to the Human Fertilisation and Embryology Bill on October 29 that could change where abortions are performed and by whom.
Although individual academic lawyers and ethicists have commented on the issue of abortion before, never have so many settled on a single view or called on MPs to act. That could be influential on wavering MPs in the run-up to next Wednesday’s vote.
MPs have tabled numerous amendments for debate, including reducing to one the number of doctors required to give permission for an abortion. Another seeks to broaden the range of premises and healthcare staff who can perform early abortions, which use drugs and do not require surgery. They can currently be carried out only in clinics licensed by the Health Secretary and by doctors. “Pro-life” MPs have tabled amendments to restrict the grounds for late abortion because of foetal impairment, and for a compulsory cooling-off period before a termination for counselling.
In their letter the academics say that the current restrictions on where abortions are carried out are no longer justified given medical advances, and also suggest that trained nurses should be allowed to carry out the procedure.
The licensed premises rule, and the requirement that only a doctor can perform a termination, is not dictated by patient safety and good medical practice and should also be reformed, they say.
MPs had been due to debate these issues in July as part of the later stages of the Human Fertilisation and Embryology Bill.
In May, during earlier stages of the same Bill, they voted to keep the upper time limit on abortions at 24 weeks by a comfortable majority.
The views of medical experts were thought to have been influential on MPs in that vote. The British Medical Association, the Royal College of Obstetricians and Gynaecologists, the Royal College of Nurses and the British Association of Perinatal Medicine all said that there had been no improvement in viability of babies born at 22 and 23 weeks and called for the limit to remain at 24 weeks.
However, the Government postponed further debate on the Bill for three months, saying that MPs needed more time to debate the issues. Opposition MPs suggested that a by-election in a strongly Catholic Glasgow East by-election had also had a bearing.
Yesterday Harriet Harman, the Minister for Women and Equality, was forced to deny rumours that the Government was seeking to restrict the time for debate next week so that some of the more contentious amendments would not be voted on.
The academics say they want to see fewer abortions, and want as many as possible to be performed in the early stages of pregnancy. But “there is no evidence that this is best achieved by placing obstacles in the path of a women wishing to end her pregnancy,” they say.
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"How dare men comment on and decide upon issues that concern women only?"
In a world where pregnancy didn't concern men, men would be able to agree to contractual "no strings sex", a contract that waives any parental responsibility the father might be presumed to owe. The truth is very different.
Neil, Norwich, UK
A man has no say over whether his child is killed/ aborted, it's all her decision, but if she keeps the child he/she is then my financial responsibility (if she's nice and puts me on the birth cert!). I've experienced both and I do happily support my child, but it riles me that this is all one way!
Tom, Bath,
Oh dont deceive me,oh never leave me, how could you use a poor maiden so? Of course it should read .. a poor boy so.
The fact is that women deceive men all the time and there is nothing men can legally do about it, because it is so difficult to prove. A pre sexual agreement by the men IS essential
Giles Wynne, Lincoln, UK
It is really amazing to see how much men have a strong opinion about something that they will never be able to understand simply because they will never get pregnant.
Amélie Gourdon, Birmingham, UK
Interesting that most of the comments anti abortion are men. Are these commentators all willing to bring up unwanted children on their own? How many of them take responsibility for contraception themselves or do they leave it to the women? Abortion is an issue for both sexes not just women.
JW, Spalding, England
Totally agree with Robert from Hull!
Katy, Witney, Uk
How dare men comment on and decide upon issues that concern women only?
Is it the desire to control women's lives?
If it was men getting pregnant, there wouldn't be debates on abortions any more; they would be common practice.
Julie, Bath, UK
Men have no say in abortion -and Sandie - I fight and reserve the abortion rights for ALL women including you whether or not you ever choose to use or need it.
Religion and lovely quotes from the entire world over matter not.
Abortion will remain. Thankfully.
Malena, City of Angels, USA
Giles, whilst I would agree that consideration should be given to a father happy to take full care of a newborn, one needs to keep in mind that it is not he that will carry it to term, nor undergo the emotional effects, physical pain, and possible complications. That is why it's a woman's decision.
Michael Winter, Patchway, UK
What are we humans becoming that we can dispose of a life YES a life just because it is inconvient. Women and men should be more responsible there are loads of contrecptives and if an ACCIDENT should happen then take your responsiblitity. Embryos are not rubbish to put thrown way.
Sandie, Christchurch, UK
In the words of the great Marquis de Sade, "Dread not infanticide; the crime is imaginary: we are always mistress of what we carry in our womb, and we do no more harm in destroying this kind of matter than in evacuating another, by medicines, when we feel the need. "
Paul, London,
At this rate, before long you'll be required to opt out if you don't want an abortion.
Robert, Hull, UK
Nick, who is more likely to treat an abortion decision lightly?
A woman/mother who will live with the decision for the rest of her life or a doctor who will have forgotten about it by morning tea?
Alan Wilkinson, Russell, New Zealand
It is the right of the pregnant woman to decide. It is up to no-one else. If they are pro-life, then keep the baby. If they are not pro-life, then do whatever feels right. It is up to the individual, not anyone else. Everyone is entitled to their own opinion. This debate is becoming dull.
Amy, Wagga, Australia
Abortion is the murder of children. There is far too many abortions and any attempt to make abortions easy must be resisted. Many other countries have far lower than 24 weeks, commonly 12. Women facing up to an unexpected pregnancy often feel vulnerable and confused. They need the support of doctors
David Butler, Chelmsford,
Abortion is the murdererous presumption that the unborn are not really alive.
Most people in the UK believe in some kind of spiritual existence. That being so the benefit of the doubt must be given.
Abortion also contradicts our most basic nature: the psychological damage is incalculable.
Greg Lorriman, Leatherhead, UK
I made a grave error in my earlier comment. Where I said "foetuses" I should have said "embryos". Apologies for my shoddy contribution.
Des, Edinburgh,
What a sad country we are - the day after we celebrate the achievements of our Olympic and Paralymic athletes we have, '85 academic lawyers and ethicists' suggesting changes to an already liberal abortion law.
Some of those athletes may not have been there if the abortion option had been taken.
Tony, Stafford, UK
If "a foetus is not a baby," and can be killed so readily, why do we bother to establish facilities to help women who have had a miscarriage? If there has been no meaningful loss of life when a miscarriage occurs, why would anyone care?
Nick, Rotherham, UK
In Rome, male citizens could abort their wives and children at any time. It was an important right. We choose to give up that right. Women should do the same.
Scientifically life begins at mitosis.
If it was men getting abortions, they'd be considered murder. There would be no "understanding".
Keith S, Winnipeg, Canada
Making a woman see more than one doctor in order that she have an abortion only exacerbates an already difficult situation. Over a quarter of foetuses abort naturally in the womb, anyhow. Let's make the NHS help women; not hinder them.
Des, Edinburgh,
The liberal press wouldn't really be happy unless parents had the right to abort freely up to the 18th year. Come on folks why do we want to treat human life so cheaply. Abortions are a big deal and a decision that should not be taken without much soul searching and forethought.
Paul Bahre, Granby, CT, USA
I doubt any woman who chooses an abortion does so lightly as Nick implies.
And obviously Will knows nothing of the trauma of those women who, in years gone, only had the choice of a backyard abortion or adoption. Women still suffer the consequences of both choices - don't go back to the dark ages.
Michelle, Sydney, Australia
1. A foetus is NOT a baby.
2. The correct term is NOT "pro-life." The correct term is "anti-choice"
Who cares about these "prospective people" or "helpless babies" (of which they are clearly not). There are enough ACTUAL people in this world who we should be caring about.
Steven, Sydney,
"Let women decide" is discrimination against men. The father of any pregnant womans child. We need a law that makes the decision on birth open for as long as it is safe The father must have rights otherwise men should be able to make a legally enforeable pre coital agreement that he gives before sex
Giles Wynne, Lincoln, UK
It is undoubtedly the right of the pregnant women to decide. It is certainly not a polital issue or a decision to be made by a minority group ( Scottish Catholics ) or anti abortion doctors.
Robert Yexley, Ferndown, England
Good idea and fight to legalise euthanasia also so we can decide to go when we have had enough of Brown and his greedy lot, I would like to organise my finances then go end it all in peace.
Contax, Brigg, UK
the difference of course is that its not just there medical care, there is a second prospective person to consider. Should you really be trying to make it easier to have an abortion, when it should surely be the last resort after keeping it and adoption.
will, grimsby, uk
There is an enormous ethical difference between refusing a treatment (a Caesarian) that has the side-effect of causing a baby's deathg, and actively seeking a baby's death. I am not Catholic; I am not any kind of Christian (or other religion), I simply don't want to see abortion be treated lightly.
Nick, Rotherham, UK