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 In Press Release

Stop Gendercide has voiced concerns about proposed abortion law changes currently being considered by the Scottish Government that would legalise sex-selective abortion in Scotland.

CURRENT LAW

In Scotland, abortions are currently permitted up to 24 weeks under certain grounds, relating to the physical and mental health of the mother.

The UK Government is explicit that abortion on sex-selective grounds is illegal. Its ‘Guidance in Relation to Requirements of the Abortion Act 1967‘ states “Abortion on the grounds of gender alone is illegal” (paragraph 25).

The current law helps protect women from being coerced into abortions for sex-selective purposes in contexts where the woman’s partner or wider family may prefer, or cultural norms may value, a male baby over a female baby.

CHANGE TO THE LAW

The Scottish Government commissioned a review of abortion legislation, which the Abortion Law Review Expert Group conducted.

The Group has recommended a series of changes to abortion legislation in Scotland, which are currently being considered by the Scottish Government.

The Group has recommended:

  • Recommendation 3: 
    • “No specified Grounds should be required to access abortion care up to 24 weeks gestation”. The legal grounds for abortion would become redundant, and abortions could take place for sex-selective reasons.
  • Recommendations 4 and 5:
    • Currently, abortion is not permitted past 24 weeks on mental health grounds. Under the proposed change to the law, abortion would be permitted between 24 weeks and the end of pregnancy with the approval of two healthcare professionals on “psychological” and “social” grounds. This would enable access to sex-selective abortions between 24 weeks and the end of pregnancy.    
  • Recommendations 6:
    • “That no specific reference is made to sex-selective abortion within any updated abortion legislation”. This explicitly outlines that no wording making sex-selective abortion illegal should be included in new abortion legislation.

If these recommendations were implemented, sex-selective abortion would be legalised in Scotland, and could take place at any stage until the end of pregnancy.

BACKGROUND

There is evidence that women in the UK are already coming under pressure to have sex-selective abortions – and that sex-selective abortions are already happening here in the UK. This situation would likely become worse if sex-selective abortion were legalised in Scotland. 

A BBC investigation found non-invasive prenatal tests (NIPT) being widely used to determine a baby’s sex early in pregnancy, leading to significant pressure imposed on some women to undergo sex-selective abortions. This evidence led the Labour Party to urge a ban on NIPT being used to determine the sex of foetuses.

A Nuffield Council on Bioethics report found several websites were privately offering tests to determine the sex of a foetus, and the Nuffield Council on Bioethics warned that the increasing prevalence of private NIPT testing may be encouraging sex-selection. 

They went on to recommend that the Government stop private providers offering NIPT for foetal sex determination. 

A Telegraph investigation found that doctors at UK clinics were agreeing to terminate foetuses purely because they were either male or female. 

A report published by the Department of Health concerning sex-selective abortion outlined personal testimonies from women coerced into a sex-selective abortion by a third party.

There is evidence that sex-selective abortion has been a significant issue in Canada following the decriminalisation of abortion there. An article in the Canadian Medical Association Journal outlines that “easy access to abortion and advances in prenatal sex determination have combined to make Canada a haven for parents who would terminate female fetuses in favour of having sons”.

Sex-selective abortions risk leading to profound social and demographic problems. Estimates suggest there are more than 140 million missing women and girls across the globe, in most part resulting from sex-selective abortion and postnatal sex-selection infanticide.

COMMENT

Spokesperson for the Stop Gendercide campaign, Devi Shah, said: “It’s a heartbreaking reality that, here in the UK, many women face pressure from partners or family members to have a termination simply because they are expecting a girl.”

“The proposed law change would make sex-selective abortion legal in Scotland.”

“If sex-selective abortion is made legal, it will make it much more difficult for women to refuse pressure from relatives or partners to have an abortion based on the baby’s sex.”

“There is clear evidence that women in the UK are coming under pressure to have sex-selective abortions, and that sex-selective abortions are already happening here in the UK.”

“A report published by the Department of Health and Social Care concerning sex-selective abortion outlined personal testimonies from women coerced into a sex-selective abortion by a third party.”

“This situation would almost certainly worsen if sex-selective abortion were legalised in Scotland.”

“The legalisation of sex-selective abortion, combined with the private availability of early NIPT tests for gender, would likely lead to a significant increase in sex-selective abortions taking place in Scotland.”

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Related media coverage:

For further information, please contact hello@stopgendercide.org or visit our website at www.stopgendercide.org 

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