Content Warning: Discussions of abortion and stillbirth.
Madelaine Dinnage
The recent case of Carla Foster, a British woman sentenced to 28 months in prison for a late-term abortion, demonstrates an urgent need for the reform of UK abortion laws.
In comparison to the abortion laws of countries such as the US, the UK is generally perceived to have accessible laws in place to ensure the reproductive right to an abortion. In fact, a recent Texas law has criminalised abortion entirely unless the pregnancy is a threat to life.
Meanwhile, pregnant people in Britain can receive an abortion within the first 24 weeks of pregnancy. However, in light of the recent case of Carla Foster, it is alarmingly clear that women’s rights are not safe in the UK. It is time to make radical changes to a set of archaic, Victorian-era laws.
Abortion Laws in the UK
In the UK, it is a person’s reproductive right to access an abortion up to the 24th week of their pregnancy. After this, abortions are available if particular circumstances are present. A pregnant person can receive an abortion if the pregnancy is a threat to their health. Abortions are also available if there is evidence that the child will suffer from severe disabilities.
“a recent court ruling calls into question the efficacy of British abortion laws in protecting women”
Abortion laws that still serve us today originate from Victorian-Era Britain. That’s right – our women’s rights laws were established by the same lawmakers who deemed a married woman the property of her husband. In 1861, the year that the Offences Against the Person Act was established, a husband was legally entitled to control his wife’s possessions. This includes her body. It’s hard to believe, but it wasn’t until over a century later in 1991 that it was finally illegal for a husband to rape his wife.
When attempting to protect a woman’s right to make choices about her own body, surely, it’s completely nonsensical to follow the same rules made by those who did not even see women as owners of their own bodies. We can certainly acknowledge that women’s rights have come a long way since the 19th century. However, a recent court ruling calls into question the efficacy of British abortion laws in protecting women.
The Case of Carla Foster
It is likely that, over the past few days, you’ve seen Carla Foster’s name materialise on your Twitter feed. If not, you might know her as the 44-year-old British woman who has been sentenced to over two years in prison for taking self-inducing abortion medication past the legal time limit. Just this week, prosecutors argued that Foster had intentionally misled her doctor regarding her pregnancy symptoms. This was reported to have happened during a remote consultation in 2020.
Foster received her medication as part of the “pills by post” scheme. The scheme was originally introduced during lockdown to ensure the accessibility of abortions amongst Covid-19 restrictions. Self-induced, home abortions are legal until the 10th week of pregnancy. Foster was estimated to have been in her 32nd week of pregnancy.
“This vulnerable woman has been failed by the legal system in her time of need.”
On the 11th of May 2020, Foster underwent the ordeal of delivering a stillborn child. This is the traumatic event which she would later be prosecuted for. Foster was already a mother to three children when she fell pregnant in 2019. Sadly, this is just one example in which a woman has been condemned for making a difficult decision about her own body – even for the sake of her own wellbeing or that of her living children.
What makes Foster’s case so alarming to me, and possibly to many others, is the fact that I perceived UK law to be relatively progressive when it came to reproductive rights. In comparison to the current political landscape in the US, I felt that British women were largely protected in their right to access a legal abortion. The court’s treatment of Foster proves otherwise. This vulnerable woman has been failed by the legal system in her time of need.
The need for UK abortion law reform
This case has provoked an outcry from women’s rights organisations across the country. Thousands took to the streets of London to show their support for Foster. Many are using this case to address global inaccessibility to abortion rights. Women across the world are continuously restricted in their ability to make decisions about their own bodies.
Addressing the 162-year-old law which allowed prosecutors to put a vulnerable woman behind bars, Labour MP Stella Creasy called for “urgent reform” in a recent tweet.
The average prison sentence for a violent offence in England is 18 months. A woman who had an abortion without following correct procedures just got 28 months under an 1868 act- we need urgent reform to make safe access for all women in England, Scotland and wales a human right.
— stellacreasy (@stellacreasy) June 12, 2023
What does this mean for reproductive rights in Britain?
The prosecution of Foster does not protect anyone. Foster is not a danger to society. It is the over-a-century-old legislation which is the real threat to women. Punishing a woman for seeking out an abortion when faced with an impossible situation will only further deter women from seeking out medical advice in the future. And now, many women will live in fear of being prosecuted for something which should be a basic human right.
“When tragic cases such as this arise, the priority of the legal system should be to ensure that abortions are safe and accessible.”
Some argue that current legislation aims to protect the rights of an unborn foetus. But who protects the livelihoods of Foster’s existing children while their mother faces a prison sentence? One of Foster’s children has special needs and is heavily reliant upon the care and support of his mother. These children will undeniably suffer as a result of the court’s ruling. This legislation is more about restricting female agency as opposed to protecting children.
The bottom line
When tragic cases such as this arise, the priority of the legal system should be to ensure that abortions are safe and accessible. This should be true no matter the context. Women should no longer feel the need to seek out alternative means of terminating an unwanted pregnancy. Lockdown restrictions made it difficult to seek in-person medical advice – the circumstances faced by Foster were extenuating and should be treated as such. When a woman undergoes such a distressing ordeal, she should be supported by the legal system. She should not be labelled a criminal.
“We must use our collective voice to urge those in power to revisit and review 162-year-old legislation.”
These recent events have highlighted a lack of support for British women. We must use our collective voice to urge those in power to revisit and review 162-year-old legislation. Every person deserves the right to make decisions about their own bodies and should be met with compassion when they do so.
READ NEXT:
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- WOMAN JAILED FOR TAKING ABORTION PILLS AFTER UK LEGAL LIMIT
Featured image courtesy of Gayatri Malhotra on Unsplash. Image license found here. No changes were made to this image.
madelainedinnage
Third-Year studying BA English at the University of Nottingham. Passionate about social justice journalism!! Also writing for two university magazines as well as Nottingham’s culture magazine, LeftLion ˚₊· ͟͟͞͞➳❥