“Compassion, not punishment”: Abortion (outside limits) will no longer be a crime in the UK
In a move widely seen as the biggest advance in reproductive rights in six decades, the UK Parliament has voted to decriminalise abortion. The amendment, included in the Crime and Policing Bill, changes criminal law in England and Wales to remove the possibility that women can be prosecuted for terminating a pregnancy outside the legal framework . Approved by 379 votes to 137, the amendment – tabled by Labour MP Tonia Antoniazzi – keeps the current legal framework intact, which requires the consent of two doctors and includes specific time limits for terminating a pregnancy. However, the big news is that women will no longer be prosecuted for exceeding the established limits or purchasing abortion drugs online.
In prison for having an abortion: recent casesThe change comes after years of public pressure, in response to a growing number of prosecutions of women accused of violating abortion restrictions . The Guardian newspaper reports on some recent high-profile cases: in 2022, an Oxford Crown Court judge said he was “astonished” by the prosecution of a young mother who was found in possession of abortion pills, despite having given birth to a surviving baby. The judge called the trial “a waste of time” and of no public interest.
In 2023, Carla Foster was sentenced to 28 months in prison for terminating her pregnancy between the 32nd and 34th week. The drugs were provided to her during lockdown, after a remote medical consultation. The sentence was later suspended. The judges said the case called for “compassion, not punishment”. In 2024, the Crown Prosecution Service dropped the charges against Bethany Cox, 22, after a three-year investigation. Her lawyer described a woman questioned “at the moment of greatest pain”, who had suffered prolonged trauma for no reason. Even more recent is the case of Nicola Packer, who was acquitted last month after a five-year wait for a trial linked to taking abortion pills after the due date: “They stole five years of my life,” she said bitterly.
Introducing the amendment, Tonia Antoniazzi stressed: “This is an urgent moral issue. Vulnerable women are being dragged from hospital beds to the police station” . Six female doctors, the British Medical Association and numerous associations including Women's Aid and the Fawcett Society have lined up to support the reform. For the president of the Royal College of Obstetricians and Gynaecologists, Ranee Thakar, the vote represents “a victory for women's reproductive rights” .
Heidi Stewart, director of the British Pregnancy Advisory Service, called it “a historic moment” and thanked all those who have publicly shared their traumatic experiences to bring about change. Labour Prime Minister Keir Starmer, speaking from the G7 in Canada, also said he would vote in favour, reiterating his long-standing support for women’s right to safe and legal abortion. The amendment, he added, falls under “matters of conscience”, like euthanasia. The changes will not come into force until the full bill has been passed by the House of Lords and given royal assent, but their passage is considered highly likely.
Abortion Laws in EuropeAcross the European continent, abortion laws vary greatly from country to country, reflecting cultural, religious and political differences. Generally speaking, there is a polarization between states with progressive laws that expand the right to abortion (France, Spain, Sweden) and others where there are strong restrictions or even bans (Poland, Malta).
However, the general trend, with some exceptions, is towards greater liberalization and protection of reproductive rights, also in response to the growing awareness of the social, medical and psychological impact of restrictions. For example, after the 2018 referendum, Ireland repealed the eighth amendment and legalized abortion up to 12 weeks and three years later, again with a popular consultation, San Marino also legalized the practice within the same gestational term.
Here is an overview of the main positions adopted by European states.
- Countries with relatively free and guaranteed access to abortion
In many European countries, abortion is legal upon request by the woman within a certain gestational limit, often between 10 and 14 weeks. In France , it is possible up to 14 weeks (since 2022) and this right has recently been included in the national Constitution, while in Germany, women are allowed to terminate their pregnancy within 12 weeks, after a mandatory consultation and a three-day reflection period. Among the most permissive legislations is that of the Netherlands, where abortion is legal up to 24 weeks, with medical support and counseling, and that of Sweden , where abortion is available on request up to 18 weeks, then with medical approval. In Spain , it is legal up to 14 weeks, extendable to 22 in specific cases and the requirement of parental consent for minors of 16 and 17 has recently been removed, and in Portugal it has been legalized since 2007, within 10 weeks. Law 194 of 1978 in Italy allows abortion within 90 days for personal reasons, after that only for therapeutic reasons. However, the conscientious objection of doctors limits access in many regions of our country.
- Countries with restrictive legislation but which allow abortion in some cases
These states limit access to abortion , allowing it only for health reasons or in the presence of particular circumstances. Among the most restrictive laws in Europe is that of Poland , where a woman can ask to terminate her pregnancy only in cases of life-threatening danger or rape/incest. In 2020, the right to abortion for serious fetal malformations was eliminated. In Hungary, the service is legally available but severely hindered by bureaucracy, mandatory counseling and anti-abortion propaganda, as well as in Slovakia and Croatia, where it is legal within gestational limits, but conscientious objection and social pressure limit effective access.
- Countries with almost total bans or restrictions
In these states abortion is prohibited or severely limited , with very few exceptions. It happens in Malta : here until 2023 it was prohibited in all circumstances but a recent reform allows it only in cases of immediate danger to the woman's life and with many limitations. The same goes for the small Andorra where voluntary termination of pregnancy is illegal in all circumstances and many women choose the more progressive and nearby Spain to have an abortion. Finally, the Principality of Monaco also has very restrictive laws, which allow abortion only in cases of very serious danger to the life of the pregnant woman.
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