In a landmark decision, Britain’s parliament has voted to decriminalise abortion in England and Wales, moving to end the prosecution of women for terminating their own pregnancies under legislation that has remained in force since the Victorian era.
Lawmakers approved an amendment on Tuesday by 379 votes to 137 in a free vote—where members are not required to follow party lines—as part of a broader criminal justice bill. The amendment seeks to prevent women from facing criminal charges in all circumstances for ending a pregnancy, though medical professionals who perform abortions outside the 24-week legal limit could still be prosecuted.
FILE PHOTO: A view of a Marie Stopes International (MSI) Reproductive Choices treatment centre in London, Britain, October 31, 2024. REUTERS/Hollie Adams/File Photo
Rising Investigations Prompt Reform
Abortion has been legal in England and Wales since 1967, but only under specific conditions: within 24 weeks of pregnancy and with the approval of two doctors. However, the 1861 law—passed by an all-male parliament—has remained in place, threatening life imprisonment for women who end their pregnancies outside these bounds.
The vote follows a rise in police investigations related to abortion, particularly after pandemic-era policy changes allowed women to take abortion pills at home within the first 10 weeks of pregnancy. According to Labour MP Tonia Antoniazzi, who proposed the amendment, over 100 women have been investigated in the last five years. Some were reported after premature births or coerced abortions in abusive relationships.
Calls for Justice and Compassion
“Each one of these cases is a travesty enabled by our outdated abortion law,” Antoniazzi told parliament. “This is not justice, it is cruelty and it has got to end.”
While convictions under the 1861 law have been rare—only three women were convicted between 1861 and 2022—six women have been charged since then, and one was jailed. In a recent high-profile case, Nicola Packer was acquitted after taking abortion medication at around 26 weeks of pregnancy, exceeding the legal home-use limit of 10 weeks.
Some lawmakers, including Conservative MP Rebecca Paul, voiced concerns that the amendment could have unintended consequences if passed too quickly. “If this becomes law, fully developed babies up to term could be aborted by a woman with no consequences,” she warned.
The amendment’s fate remains uncertain as it continues through the House of Commons and the unelected House of Lords. If enacted, it would bring England and Wales in line with abortion laws in countries like France, Canada, and Australia.
