Tag Archives: Blighty

The Black List

10 Mar

I recently moved to the UK. As many women before me, I had to get registered with a General Practitioner (GP) in order to get birth control. The joys of having yet another unknown person ask me the most personal questions, giving me unsolicited advice about my personal reproductive choices and even worse, getting acquainted with my vagina are, as also many women will agree, not the joys we daydream about.

The great thing -I was told by the NHS website- is that I could choose my GP as long as it is a practice that is appointed to my postcode. I went into a review for GP practices and was disappointed by the kind of reviews I saw: they all reflected the amount of time they had to wait, whether the secretary was nice, and other banal information.

So here I was, asking myself, how do I choose a vagina friendly GP? And by this I mean, how can I make sure I go to a practice where my choices are met by a respectful, open-minded health operator, that will provide any service I may need in the future without a judgement?

I know what you’re thinking: just say it. Yes, I want to know I go to a GP that will not sabotage me in the future in case I ever need an abortion. No, I’ve never had one and am not planning to ever need one. No, I don’t think I would be terrible if I ever do and actually believe it’s my right.  I do realize abortion is not a right in the UK, this post I believe illustrates greatly some of the issues around abortion in this country.

Maybe it’s not even about knowing I can get one, but making sure I’m not with a GP that in principle believes I shouldn’t get one in any circumstances, or even worse, would on purpose deny me of an abortion, a service I am supposed to be able to get in the UK.

While I was googling away to inform myself on this issue, I  found out that in 2007, nearly a quarter of GPs were refusing to refer women for terminations and a fifth wanted the procedure banned outright. Yesterday, the Independent also raised the issue by reporting that since July 1991, when the abortion pill RU486 was introduced, less than 3,000 women have received it, while more than 60,000 women should have had the option of this non-surgical termination. Less than a half of the NHS hospitals that practice abortions offer the pill. GPs fail to tell their patients they have this option over surgical pregnancy termination.

I’ve been whining about this to friends and they’ve expressed worries from “the other side”. Do I think all GPs should be forced to practice abortions? No, I am a true believer of conscientious objection and think GPs should have a right not to do something against their beliefs. And I believe the NHS system has addressed this and GPs can opt out of providing this service.

But I think: shouldn’t we, women living the UK, have the certainty that we will get a GP that will provide us this service? That’s when the shit hits the wall in some arguments and people suggest I am creating a black list of doctors based on their beliefs, which could create massive discrimination issues. Fair point.

But then, what about us? If we have evidence that GPs are, because of beliefs or any other reason, sabotaging thousand’s of women’s access to a health service, shouldn’t they be accountable for this? After all, once the legal period has passed, that’s it, you’re stuck in a very difficult situation. I briefly thought of the Seinfeld episode “The Pilot”, when Jerry and George write about a show in which a person is convicted with becoming another person’s butler for a while by a judge. Could we then, in such a world, give the baby once it’s born to the GP? Sorry man, you failed to provide me this service, the direct consequence being me having this baby, so here you go: have fun!

As cynical as this may sound, we do have to think about a solution. And I believe the fact that the provision of abortion by NHS personnel is addressed around a GP’s right to opt out, rather than their duty to do so is a critical starting point. If we knew we had GPs that don’t believe in antibiotics and refuse to prescribe them for infections, what would the NHS do? Would they say: don’t worry, you can opt out. Or would they say: the consequence of you not doing this is critical to a person’s health and access to services, so if you won’t do it, you need to tell us now.

I understand that the basic problem is that abortion isn’t a right. And yes, that would fix a lot of problems. But in the meantime…we don’t go around asking if every health service we get is a right in itself, do we? “But doctor, I have a right to chemotherapy when I have cancer”… or “I have a right to painkillers when I’ve hurt myself and am in pain”. Or would we accept a situation in which a person’s died because they didn’t get a blood transfusion in a hospital due to their doctor’s beliefs? We would all be outraged. We consider all these services as part of our right to health and the consequent obligation of this is our State’s obligation to provide us with all it entails. But we are not outraged in this case… not all of us anyway.

So yes, I do think there should be a list. Maybe not a black but a white list. Doctors that are willing to provide this service should enlist and women looking for this service should have a guarantee that the GP they go to will have no problem in giving them what they’re entitled to.

The system still sees this as a favor, an option, something women cannot demand, something for a holy GP to decide in her behalf. That’s the reality, and the consequence of the denial of such a service is as long-term as any can be.

Speaking of abortion

24 Sep


Well, maybe we weren’t…But have you heard about the one about the right to an abortion in the UK?

I know, I know, abortions are permitted in the UK under the Abortion Act 1967 – I know. Although the Act might have been considered liberal at the time it was introduced, the law on abortion in the UK is starting to look a little shabby around the edges now. First point to note, the Abortion Act doesn’t apply to the whole of the UK. Abortion is still illegal in Northern Ireland. Case law has recognised the exception to allow an abortion where necessary to protect the mother’s life or to prevent real and serious adverse effect to her physical and mental health. But otherwise it’s a criminal offence. Sentiments on this still run high, as noted by recent comments from the politician next in line for the post ofhealth minister that women who suffer a sexual assault must not be exempt from the strict laws banning abortion in Northern Ireland.

So, in England, Wales and Scotland then, under the Abortion Act before 24 weeks women do not have a “right” to an abortion. An abortion is permitted, but not a right, where continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family. Also, not one, but two registered medical practitioners have to sign off on. Extremely bureaucratically restrictive, as well as substantively restricting the right. As well, it’s different again in Jersey, Guernsey and the Isle of Man.

As this isn’t a right, acts outside this restrictive perimeter would be against the law and therefore illegal. And there’s a group of crimes on the statute book that you could be charged if you do try to end your pregnancy, such as sections 58 and 59 of the Offences Against the Persons Act or the Infant Life (Preservation) 1929. These crimes are not a relic of statute long forgotten and never used. Granted, they aren’t used often, but when they are oh how they show what a cracked and warped regime it is. Last week, one woman was jailed for 8 years under section 58 of the OAPA. Eight years for taking drugs at 39 weeks pregnant to induce early labour. There’s a lot of controversy surrounding the judgement, not least the remarks of the judge, which are available here, as well as the extensive prison sentence handed down. Shan’t repeat them here, you can read them yourself. But do read them if you have the chance. His remarks do highlight the problems with the UK law as it stands: that by having an incomplete and qualified right to abortion under UK law and not reforming the criminal law so it is archaic with no recognition of the social and mental issues so clearly at play, women will be the subject of these out-dated and inappropriate views where they do not have a place. I’m still flabbergasted myself.

Although pregnant women in the UK cannot choose to subject their own bodies to a specific treatment in this respect, they do have the right to refuse treatment, recognised strongly in St George’s Healthcare NHS Trust v S [1998] 3 All ER 673 (CA):

Although human, and protected by the law in a number of different ways … an unborn child is not a separate person from its mother. Its need for medical assistance does not prevail over her rights. She is entitled not to be forced to submit to an invasion of her body against her will, whether her own life or that of her unborn child depends on it. Her right is not reduced or diminished merely because her decision to exercise it may appear morally repugnant.”

It’s also interesting to compare this to Sweden. There, women have a right to an abortion up to 18 weeks in the pregnancy, unless it would be a danger to the mother’s life. After 18 weeks, abortion is allowed only if permitted by Socialstyrelsen (the National Board of Health and Welfare). It can only be permitted if there are very strong reasons for an abortion and can’t if there is reason to believe the foetus could survive on its own. Socialstyrelsen guidance on this points to 22 weeks, but this is limit is not specified in the legislation. Before the end of the 18 weeks, if a doctor decides that an abortion would be a danger to the mother’s health, this decision must immediately be subjected to a decision by Socialstyrelsen. In practice, this mean the doctor doesn’t have the power to deny the woman’s right on their own; that decision is subject to a further decision by Socialstyrelsen which must be in agreement to deny the woman the right. At any time, if there is a serious danger to woman’s life and health, Socialstyrelsen can give permission regardless of how many weeks into the pregnancy. According to a government inquiry in 2005, a woman who has an illegal abortion cannot be criminally punished.

We could go on forever discussing the differences and best ways to legislate a woman’s right to an abortion. But really, is criminalising the mother the best way to deal with the fact that she resorted to such methods on her own physical person to end her pregnancy? Surely someone can see the gap here! But the very depressing thing is that with the state of UK politics at the moment, the law we have is probably the best we’ll see in a long time – the risk of trying to change it risks abandoning any right at all.

If you didn’t hear the one about abortion in the UK, it makes a mockery of women’s rights.

Espaço da Feminista Cinéfila

feminismo, cinema, política, activismo, sketching, línguas

toastyinhell

Hell may not have a lot to recommend it, but at least it's toasty...

The Victorian Librarian

This is the life you lead when you can't decide between librarianship and research

Andres D Quinche

Young professional writing on international development, gender equity, and sustainability.

Latin-American Women Wear Earrings

Stories about Women, Cultural Identity and Self-Expression

fuck you very much

human rights, gender and other important stuff

EJIL: Talk!

human rights, gender and other important stuff

IntLawGrrls

voices on international law, policy, practice

Feministing

human rights, gender and other important stuff

delusions of equality

human rights, gender and other important stuff

%d bloggers like this: