The year of 2020 has been nothing short of controversies, especially when it comes to politics. One of the rising issues prominently surrounds reproductive rights and their progression within some countries and regression in others. It is an extremely relevant discussion to raise as these are no longer issues that belong to the past. There are presently legal decisions being made that restrict women’s access to abortions as well as contraceptives. So, the question begs whether there is a step backwards being taken surrounding reproductive rights. Looking at a few recent examples from Poland, America, and Northern Ireland, these issues need to be brought into the foreground. Abortion can be seen as a very controversial topic when in reality, it is a medical procedure. Regardless of your religious beliefs or political persuasion, some conditions make abortion a necessary procedure. Limiting these conditions can have a real adverse effect on the health and wellbeing of a woman, even the consequence of putting their life in jeopardy.
Poland
The current standpoint of abortion law in Poland is already one of the most restrictive stances in Europe with near all abortions being illegal with the exceptions of incest, rape, where the mother’s health is at risk, or in cases of severe foetal abnormality. After a debate from Poland’s government it has been established that their legal system has repealed the condition of cases of severe foetal abnormality as they are “unconstitutional”. So, objectively, this is an increase in restrictions placed upon abortion law, or a regression in terms of the qualifying factors. Although it may not seem like a huge change on the outside, due to the already prohibitive abortion law, this is a significant issue. In Poland, 98% of terminations carried out are due to severe foetal abnormality. Therefore, through the removal of this as a qualifying reason for abortion it effectively stops all legal abortions happening in Poland.
The bigger concern here is that, without being able to legally access abortions, it stops there being a safe abortion procedure available. Abortion tourism is already well established in Poland, where up to 120,000 women travel from Poland to receive abortions in other countries each year. This will only increase with the further restrictions being put in place as well as the rise in unsafe abortion procedures. Even without the risk of unsafe abortions, having this restriction could result in women having to carry to full term, even in cases where there is a severe foetal abnormality, which simply means a possible life-threatening condition affecting the foetus.
This proposed ruling sparked a number of protests, one demonstration seeing 100,000 people in the streets of Warsaw, whilst it did break lockdown restrictions, it was an impressive protest as they took to the streets armed with “drums, vuvuzelas, kitchen pots and pans – even bagpipes”. With all news surrounding the current climate of Covid-19, changes to reproductive rights can be easily overlooked, however, it is an extremely important issue that should be highlighted. In a world of life-changing and cutting-edge developments in medicine and science, to restrict medical procedures is a huge regression.
USA
It is no secret that the former president of the United States has controversial views when it comes to women’s rights. One of Trump’s first executive orders was in fact banning federal money supporting international groups providing information about abortion. Surprisingly his re-election campaign did focus on restricting abortions, even going as far as saying “the radical left, with late term abortion (and worse), is imploding on this issue. We must stick together and win for life in 2020”. Therefore, it does not appear too shocking that he is supporting the Supreme Court to try and repeal the legal precedent of Roe v. Wade, 410 US 113 (1973).
Therefore, this is a further example of a move towards a restrictive abortion stance, should the Supreme Court make this decision. To reverse such a significant decision would be a fundamental change to the reproductive rights of women in America.
Northern Ireland
In a contrasting development, Northern Ireland recently reviewed their restrictive abortion laws and decided to adopt a more inclusive list of qualifying reasons to enable women to receive an abortion. While it may be evident that reproductive rights are a rising issue, it may not only be causing a regression but also opening up the possibility of progression. Now in Northern Ireland any pregnancy up to 12 weeks can be terminated unconditionally, this is a huge change to the law of abortion as before this year it was subject to the same restrictions as Poland.
Conclusion
While the stigma surrounding abortion does suggest otherwise, having a more inclusive abortion law stance does not encourage more women to have abortions, it merely provides an opportunity should they decide that it would be a necessary medical procedure. The importance of having access to abortions is that it significantly reduces the risk to a woman’s health and wellbeing. By removing safe access to abortion procedures, it prevents women from being able to make a decision that will impact their health. It should be seriously considered what the adverse consequences of having a restrictive legal position surrounding abortion are. Abortion is an extremely personal decision, and regardless of whether someone is pro-life or pro-choice the issue remains that imposing such extreme restrictions can have a serious health risks to women. Being forced to carry to full-term when there is a severe risk to the foetus could have real detrimental impact on both a woman’s physical and mental wellbeing.
Caprice is an LLB graduate with a 2:1 honours from the University of Winchester and is currently studying with the University of Law for the LPC with LLM. Outside of law, she volunteers at a farm and loves running and bike riding.
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