Abortion laws in the UK - A Critical Analysis

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Abortion laws in the UK – Critical Analysis

Abortion is a sensitive and contentious issue that is often intertwined with religious, moral, and political connotations. It is an internationally controversial public health issue because unlicensed medical practitioners often perform abortions under unsafe procedures that can be fatal. Historically, the medical code of ethics is founded upon the foundations laid down in the Hippocratic Oath. Therefore, it is sworn upon that a doctor should “…give no deadly medicine if asked nor suggest such counsel and in like manner I will give to a woman a pessary to produce abortion”.

The controversial issue of abortion has always been the subject to the attention of the media and public at large. Cases of abortion escalated in the United Kingdom since its decriminalisation in the Abortion Act 1967. This Act regulates the laws on abortion in England, Scotland and Wales, with the exception of Northern Ireland. The Act was only amended once that is by virtue of Section 37 of the Human Fertilisation and Embryology Act 1990. The law empowers doctors with the rights and responsibilities to decide on matters pertaining abortion. This can be seen as an anomaly as the statute was enacted to mitigate problems of illegal abortion, which was prevalent in the UK prior to the Act. It has been argued by Sheldon, drawing from the analysis of Michel Foucault’s analysis, that the Act merely reflects the immense moral turmoil of encouraging female irresponsibility, emotional instability and draws an assumption of a female’s sexual morality.

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The law does not legalise abortion, rather it has laid down numerous exceptions to the illegality of abortion. All abortions, besides those in emergency cases require authorisation of two registered medical practitioners. Section 1 of the Abortion Act 1967 laid down the grounds for abortion. The English abortion law permits abortion until the foetus can reasonably considered capable of surviving outside the womb, meaning the pregnancy should exceed 24 week. Hence, where the pregnancy has exceeded this permitted time limit, legal abortion is no longer allowed. Only in exceptional circumstances where there is a risk of permanent or fatal injury to ...

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