This essay seeks to address the fundamental question on whether or not abortion
should be decriminalised by taking into account of the recent reform which
introduces a time period which legalises home abortions. For the purpose of this
essay, a brief description on the existing laws on abortion under the Abortion Act
1967 and OAPA 1981 will be provided, and the evaluation on the current position of
law will be provided. It is argued that the question should be answered in an
affirmative and it is further submitted that the recent reforms on the legalisation of
home abortions illustrates a change in attitude on abortion.
Under Sections 58 and 59 of the OAPA 1861, pregnant women who intends
to procure abortion by means of administration of drugs or any other instruments,
could be penalised and be sentenced for life imprisonment, prior to the reforms
under the AA 1967, the only defence for abortion was necessity as illustrated in R v
Borne. The AA 1967 (as amended by HFEA 1990), then introduced defences for the
offence of abortion under S58, 59 OAPA 1861 under S1 of the 1967 Act where two
doctors agree that:
1) The mother would suffer potential harm to life if pregnancy continues;
2) The mental or physical health of the mother is at risk;
3) The continuance of pregnancy give rise to the risk of the life of the pregnant
woman which is greater than if the pregnancy is terminated; or
4) There is a substantial risk that the child born would suffer from physical ir
mental abnormalities which would constitute a serious handicap.
In this essay, the argument for the legalisation of abortion is based on the
fundamental principle of autonomy. This essay will seek to address the conflicting
interests between a foetus and the mother prior to addressing the argument of
autonomy, as it is clear that one of the fundamental objectives of the criminalisation
of abortion is based on the principle of sanctity to life. Then further evaluation on the
provisions of the AA 1967 will be made, and it is further argued that the current
framework is discriminatory towards disabled persons.
In addressing he conflicting interests of the foetus and the mother, it is identified
that the conflict is due to the fact that the foetus’s rights are protected under the
current framework. it is argued by Finnis that conception is the moment where a new
individual acquires the status of a person and hence should be entitled to all rights of
should be decriminalised by taking into account of the recent reform which
introduces a time period which legalises home abortions. For the purpose of this
essay, a brief description on the existing laws on abortion under the Abortion Act
1967 and OAPA 1981 will be provided, and the evaluation on the current position of
law will be provided. It is argued that the question should be answered in an
affirmative and it is further submitted that the recent reforms on the legalisation of
home abortions illustrates a change in attitude on abortion.
Under Sections 58 and 59 of the OAPA 1861, pregnant women who intends
to procure abortion by means of administration of drugs or any other instruments,
could be penalised and be sentenced for life imprisonment, prior to the reforms
under the AA 1967, the only defence for abortion was necessity as illustrated in R v
Borne. The AA 1967 (as amended by HFEA 1990), then introduced defences for the
offence of abortion under S58, 59 OAPA 1861 under S1 of the 1967 Act where two
doctors agree that:
1) The mother would suffer potential harm to life if pregnancy continues;
2) The mental or physical health of the mother is at risk;
3) The continuance of pregnancy give rise to the risk of the life of the pregnant
woman which is greater than if the pregnancy is terminated; or
4) There is a substantial risk that the child born would suffer from physical ir
mental abnormalities which would constitute a serious handicap.
In this essay, the argument for the legalisation of abortion is based on the
fundamental principle of autonomy. This essay will seek to address the conflicting
interests between a foetus and the mother prior to addressing the argument of
autonomy, as it is clear that one of the fundamental objectives of the criminalisation
of abortion is based on the principle of sanctity to life. Then further evaluation on the
provisions of the AA 1967 will be made, and it is further argued that the current
framework is discriminatory towards disabled persons.
In addressing he conflicting interests of the foetus and the mother, it is identified
that the conflict is due to the fact that the foetus’s rights are protected under the
current framework. it is argued by Finnis that conception is the moment where a new
individual acquires the status of a person and hence should be entitled to all rights of
