UK lawmakers vote to end criminal penalties for abortion

Britain’s parliament has voted in favour of decriminalising abortion in England and Wales, in a bid to end the prosecution of women over the procedure.

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The vote on Tuesday targets a 163-year-old law that still allows women to face criminal charges for terminating a pregnancy after 24 weeks, Reuters reports.

Lawmakers voted 379 to 137 in support of an amendment to the 1861 Offences Against the Person Act, which currently treats abortion after 24 weeks as a criminal offence punishable by life imprisonment.

While prosecutions have been rare, they have increased in recent years, especially after abortion pills were approved for home use during the COVID-19 pandemic.

Medical professionals who assist women in obtaining an abortion outside the 24-week limit could still face prosecution.

Some objections

The Labour Member of Parliament Tonia Antoniazzi, who sponsored the amendment, told parliament that over 100 women had been investigated in the last five years, including some who had suffered premature births or were coerced into ending pregnancies by abusive partners.

“Each one of these cases is a travesty enabled by our outdated abortion law,” Ms Antoniazzi was quoted as saying. “This is not justice, it is cruelty, and it has got to end.”

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It is believed that if the wider criminal justice bill, of which the amendment is part, passes into law, it would bring abortion legislation in England and Wales closer to that of countries like France, Canada, and Australia.

Still, not all lawmakers were in support. Some warned that the change could weaken protections for unborn children.

Conservative member of parliament, Rebecca Paul, warned, “If this becomes law, fully developed babies up to term could be aborted by a woman with no consequences.”

The amendment seeks to revoke provisions passed in 1861 by an all-male parliament, which made ending a pregnancy a crime. While a 1967 law introduced exceptions, the original criminal penalties remained on the books.

According to the Royal College of Obstetricians and Gynaecologists, between 1861 and 2022, only three women were convicted for illegal abortions. However, since then, six have been charged, and one woman has been jailed.

In one recent case, a woman named Nicola Packer was acquitted after taking abortion pills at around 26 weeks of pregnancy. She told jurors she hadn’t realised how far along she was.

In Nigeria, calls for reform persist

Nigeria’s abortion law dates back to the 19th century, inherited directly from British colonial rule. It is based on Section 58 of the United Kingdom’s 1861 Offences Against the Person Act, the same law that the UK Parliament is now moving to repeal.

Under the current legal framework, abortion is only permitted when it is necessary to save the life of the mother. All other cases, including those involving rape, incest, or serious health conditions, remain criminal offences.

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The Criminal Code Act, which applies in the southern part of the country, addresses abortion under Sections 228, 229, and 230. Section 228 criminalises any person who unlawfully performs an abortion, with a penalty of up to 14 years in prison.

Section 229 states that a woman who attempts to procure her abortion can be jailed for up to seven years. In northern Nigeria, the Penal Code enforces similar provisions.

Approximately 4.6 per cent of women of reproductive age in Nigeria have an abortion annually, translating to around two million abortions per year.

A concerning 63 per cent of these abortions are considered unsafe, often performed by untrained individuals or in unsanitary conditions.

These unsafe practices are a major contributor to maternal mortality in Nigeria, accounting for a substantial percentage of pregnancy-related deaths.

Efforts to expand legal access have faced repeated setbacks. In 2022, Lagos State issued clinical guidelines that would have allowed abortion in cases such as rape and serious health risks, but the policy was withdrawn following backlash.

Sexual and reproductive health advocates continue to push for reforms, arguing that the current law fails to reflect medical realities and contributes to avoidable deaths and health complications.