It was the sort of summer’s day where the heat turns on you, becoming unpleasant. Sunshine bounced off the tarmac, sweat gathered between our thighs. Yet here we were – all 40-something of us – standing, in a shade-free queue, outside the Houses of Parliament, waiting for security to let us in. Why? We were there to speak to our MPs; to tell them how vital it was that they vote in favour of Tonia Antoniazzi’s NC1 amendment to the Crime and Policing bill, which would see abortion decriminalised for women in England and Wales.
We were on the final stretch of our End 1861 campaign, which saw Cosmopolitan UK add our voice – and yours - to the 50-plus other organisations that supported the amendment. To us, this critical step forwards felt essential. Yet, even after weeks of raising awareness, thousands of you writing to your MPs and that day’s in-person mass lobby, truthfully, we had no idea how the vote would go.
We needed change to happen, as abortion was a criminal offence in England and Wales, governed by a law from 1861, before women even had the right to vote. The law had remained largely dormant and unused, but a worrying trend had begun to emerge around 2020 – women were suddenly being investigated, in brutal and distressing ways, for ending their pregnancies. These were either women who had experienced late-stage miscarriages and, for whatever reason, had been flagged as suspicious by the medical staff caring for them or, in the rare cases that they had ended their pregnancies outside of the Abortion Act’s set criteria, it was in circumstances almost always involving abuse and violence, or other significantly extenuating (and traumatic) circumstances, requiring care and compassion, not legal action.
Meanwhile, most of the general public were blissfully unaware that any of this was going on. When we told people about our campaign, the first thing we would hear was, ‘Wait, isn’t abortion legal in the UK?’ And it is: safe and legal abortions are available for most in the UK (under certain criteria, thanks to the 1967 Abortion Act) – and roughly one in three women will have one in their lifetime. But this archaic law’s resurgence was extremely troubling, not just for the incredibly vulnerable women being targeted but because, since the overturn of Roe v Wade in the US, anti-abortion lobbyists had been funnelling a lot of cash into tactics over here. Their aim? To roll back our rights, bit by bit, until they get what they ultimately want: for abortion to be made illegal in all circumstances (in the US, 13 states have total bans, with no exceptions, even for rape or incest). These people are not the majority, but they are loud and they are organised. And, as we made our separate ways home from Westminster on that June day last summer, we could only hope our campaign had been louder.
Convening on our End 1861 WhatsApp group, we each nervously tuned into parliamentlive.tv, desperately trying to make sense of proceedings as arguments were made and votes were cast. ‘Wait… is that it? Did we do it?’ We shouted into the group chat. ‘I don’t know. I think so…?!’ And we had. MPs had overwhelmingly voted in favour of the amendment.
In March this year, the amendment passed through the House of Lords. On the week we sent this issue to press, it was enshrined in law. We won! But anti-abortion activists have tried to thwart it at every step. They even used the opportunity to try to get the House of Lords to scrap pills-by-post – telemedicine that allows access to early medical abortion in the comfort of someone’s own home. This is even more vital for those who live in rural areas, stopping the need to travel to a clinic. Despite a coordinated campaign to strip away this access, they didn’t succeed, but it was a stark reminder that, for every move forwards we make, they come at us harder, desperate to drag us back to the draconian laws of an ancient time.
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So while this is a huge victory, the fight is not over. We can’t rest when powerful (and very wealthy) forces are at play. We can celebrate wins, while also getting back to work. Here’s everything you need to know about what happened – and what comes next.
I saw in the news that this means that ‘abortion up to birth’ was made legal. Is this true?
This is misinformation. Anti-abortion groups want you to think that being pro-choice is an extreme position. If they paint abortion in this way, it sends the message that rights need to be rolled back. The only thing that’s changed is that women have been removed from the law. The framework surrounding abortion remains: there is a 24-week limit and you need the approval of two doctors. Early medical abortions (up to nine weeks and six days) can be carried out at home via telemedicine (often called pills-by-post). If you’re further along than this, you need to go to a clinic. Doctors and assistants who perform abortions out of these limits still face criminal charges.
Why are women now removed from the law?
In the past few years, more than 100 women and girls have been investigated and six have appeared in court charged with ending, or attempting to end, their own pregnancy outside of abortion law. The majority of abortions take place before 10 weeks, only around 1% happen after 20 weeks and 0.01% take place after 24 weeks. These are often down to maternal health issues; however, there are also rare and complex cases such as women in domestic abuse situations (say, someone who has had their every move tracked by their partner so are unable to contact a clinic) or those who genuinely thought that they were under the 24-week limit (up to one in four women will experience bleeding or spotting during their pregnancy, and this can be mistaken for a period). Then there are those who have miscarried, due to natural causes, but who have been suspected of having an illegal abortion. They have found themselves facing years-long investigations, being quizzed in their hospital beds, having their phones and laptops seized and having their children taken away from them. One woman, who had a miscarriage at 17 weeks, was arrested in the bereavement room of the labour ward. Removing women from the law stops this barbaric treatment, giving those who are grieving the space to do so in peace and not have their homes ransacked by the police. It also allows those in extreme situations to be able to seek the help they urgently need, without fear of life-imprisonment.
Who does this help?
Those who’ve been impacted by this archaic law are often too traumatised to relive what has happened, so to answer this, we spoke to Shila Keshvari, a criminal lawyer at Edward Fail, Bradshaw & Waterson, who works pro-bono with women facing abortion-related charges.
‘I can’t begin to tell you the horror stories that I’ve heard. Women calling me saying, “I’ve been the victim of domestic violence, I’ve been raped,”’ she says. ‘If you’re the victim of any sort of abuse, the access you have to your phone is quite limited. I made myself available 24 hours a day.’
She represented one woman who was prosecuted and had her children placed into foster care for 12 weeks while the investigation took place. The case was, eventually, dropped. ‘She still lives with the trauma. She’d had to move out of her house and the way the police treated her was appalling,’ says Keshvari. ‘Then there’s how that period impacted her children.’ The youngest woman she helped was 15 years old. Now that this law has passed, cases like this – and the women deeply harmed by them – will no longer be able to happen.
Some people are saying it’s not full decriminalisation, is this true?
Remember how we said that doctors, and those who assist abortions, outside of the framework are still subject to criminal charges? That’s what makes this only part decriminalisation of abortion. ‘Full decrim means the complete removal of any criminalisation for women, pregnant people and the healthcare providers,’ explains human rights professor Fiona de Londras, who was a prominent advocate for abortion law reform in Ireland.
Campaigners say that England and Wales need to catch up with Northern Ireland, where up to 12 weeks abortion is available on request (without the need for two doctors). From 12 to 24 weeks, it is then permitted under certain criteria (if continuing the pregnancy poses a risk to physical or mental health). Doctors, nurses and midwives can all perform abortion services and they, alongside the women, are not penalised if an abortion takes place outside of the framework.
‘Even if there’s no offence for women under the criminal law [when providers are still criminalised] that can mean, especially if you get close to a gestational cut-off point, that your ability to access abortion hinges on the judgement of the healthcare professional,’ adds Professor de Londras. ‘[Their] judgement will be coloured by their apprehension of criminal liability, and not on the preferences of the pregnant person.’
Why didn’t we campaign for full decriminalisation?
Timing and an awareness of the current political climate. ‘We’ve been advocating and in support of full decriminalisation in countries around the world,’ explains Louise McCudden, head of external affairs at MSI Reproductive Choices UK. ‘But [here] we’ve got to build up political support before we ask MPs to vote on full decriminalisation. As we can see with the scale of the backlash in response to this very moderate amendment, if parliament was presented with full decrim before they were ready, then they could have voted against it, which could be really harmful for future campaigns.’
How is the situation in Northern Ireland now?
For decades, Northern Ireland had some of the most restrictive reproductive rights laws in the western world. Abortions were only allowed if a woman’s life was at risk and pro-choice activists’ homes would be raided for illegal abortion pills.
None of this stopped abortion, instead thousands of women would travel each year, or they would get pills illegally online. Decriminalisation was introduced in late 2019. It was a landmark moment, followed by the implementation of Safe Access Zones in September 2023, becoming the first UK region to introduce them (England, Scotland and Wales have since followed suit). These new zones prohibit protest, recording and harassment around abortion services.
While both are, undoubtedly, a victory, it ‘isn’t just a case of the legislation being over the lines, so job done,’ explains Danielle Roberts, co-convenor of Alliance For Choice, Belfast, a non- profit that campaigns for abortion rights in Northern Ireland. A number of issues remain, which restrict access to abortion – the most recent figures showed that, in 2023, 145 women still had to travel to England or Wales for an abortion. ‘There’s a lack of trained doctors,’ explains Roberts. ‘We also don’t have telemedicine here, so people have to go for an appointment in person. Services are very limited – particularly access for people who are marginalised. It’s not a one-size-fits-all system.’
And how about in Scotland?
Scotland, while still being a part of the UK, has some devolved powers, with decisions made by the Scottish government. Abortion is one of them. They are currently looking into casting a new law, rather than following England and Wales. In November last year, they put together a panel of 13 experts to review the current law and give recommendations as to how it should be changed. Professor Anna Glasier was the chair of the group, as the government’s appointed Women’s Health Champion. ‘Abortion should be treated legally, first and foremost, like any other healthcare matter,’ the professor explains.
‘We want abortion to be decriminalised, but we want it to go further.’ The group deemed current laws ‘not fit for purpose’ and made recommendations for reform, including completely decriminalising abortion for the woman, as in England and Wales, but also to remove the need for two doctors to sign it off, up to 24 weeks. Beyond that point, they want abortion to be available from two healthcare providers who, in good faith, think that an abortion is appropriate.
‘Despite what the media says, we’re not talking about abortions at 39 and a half weeks,’ she says, but ‘to allow a few abortions, in select cases. For example, a 14-year-old girl who has been thrown out of her house, has an unintended pregnancy and is just over the 24-weeks limit. Most people do not understand the harsh reality of some women’s lives’.
There will also be (if the new law is passed) a criminal offence for providers that act outside the law. However, as with all changes to the law, it’s a long process. At the time of writing, Scotland was gearing up for a new election, and we have to wait until then before (hopefully) this can be brought forwards.
Are there any abortion limitations that have nothing to do with law?
‘There are lots of challenges that are not just about the law,’ says Rachael Clarke, head of advocacy at the British Pregnancy Advisory Service (BPAS). ‘We’re working on those, in some places we’re making good progress and in others, maybe less so.’ For example, she tells us that Wales is the worst place in the UK, currently, to get an abortion.
If you’re in the first 10 weeks, abortion is accessible, but after that, it’s a postcode lottery. ‘You might only have access to a late medical abortion far from where you live.’
The stigma surrounding abortion can also result in abortion providers struggling to find spaces for their work. ‘Landlords worry that there will be protesters, or may have a moral objection,’ she adds. Telemedicine has made a huge impact, but if, for whatever reason, you need a late-stage abortion, it becomes trickier. Women in Scotland are still having to travel to England for them, due to various access issues.
You mentioned anti-abortion activists earlier, how powerful are they?
Everyone we spoke to for this feature agreed: the anti-abortion lobby has a lot of money and, with that, comes power. ‘We’re particularly concerned about the expanding reach of Alliance Defending Freedom, an American group that campaigned to overturn Roe v Wade in the US,’ says Chiara Capraro, gender justice programme director at Amnesty International UK. ‘ADF’s expenditure in the UK has increased by a staggering 187% between 2019 and 2023,’ and is said to have reached £3.9m, according to Amnesty. ADF UK have provided legal support to four anti-abortion protesters who’ve been charged with encroaching on buffer zones, utilising arguments surrounding free speech. (To be clear: no one is stopping protest against abortion, it is just banned in areas where it could cause distress to those seeking them.)
An ADF spokesperson told the BBC that their work is privately funded and that they comply with regulatory rules in all the countries they are based in. ‘It must be an alarm bell to everyone that these organisations are investing increasing amounts of money in the UK,’ adds Capraro. ‘Anti-abortion organisations play the long game – they chip away at rights bit by bit. It took 49 years to overturn Roe v Wade in the US, a change that is now literally costing women their lives.’
The rise in support for the political party Reform UK is also a concern. ‘There’s an anti- abortion constituency forming inside Reform. Nigel Farage has appointed James Orr as top adviser who is against abortion in any circumstance,’ says Capraro. (Cosmopolitan UK contacted Reform UK for comment but hadn’t received a response at the time of press.)
I’ve not seen much of this anti-abortion sentiment, so is it really that big?
Anti-abortion activists used to have a very visible presence – you’d see them outside abortion clinics holding graphic posters, silently praying and sometimes even accosting and shouting at women going into the clinics. This, thankfully, is now no longer allowed thanks to Safe Access Zones. This means they’ve had to become more tactical with their efforts. One example is the rise of so-called ‘crisis pregnancy centres’ – which look, to the untrained eye, to offer impartial advice surrounding pregnancy. In fact, they actively discourage abortion and spread misinformation and stigma. A BBC Panorama investigation found that they have even gone as far as falsely linking abortion to breast cancer and fertility issues. There is no evidence to support these claims. Amnesty found that nine such centres’ spending rose by 46% to £6.4m, between 2019 and 2023.
What can I do?
There’s a common pattern that’s happened throughout history – whenever great progress is made, there’s a swing backwards. There are structures and groups that benefit, financially, from having control over women’s bodies and lives, and yes, they have proven themselves to be incredibly powerful.
But, while it’s vital to be aware of what their plans are, that’s not because they are going to succeed. It’s simply a case of knowing our enemy’s route, so that we can thwart it. So, what we can do is use our voice to break down and challenge the stigma and misinformation surrounding abortion. ‘A lot of money is coming in through the US, but our political and legal landscape is very different from there,’ explains Capraro. ‘We must not be complacent, but we also need to be cautious not to raise alarms unnecessarily.’ The plan, she believes, is for them to slowly change public perception – using misinformation to make it look like those who are pro-choice are the ones that have the extreme views, and their views are reasonable. ‘We need to oppose any normalisation of anti-choice discourse.’
And while there is more work to be done to break down the stigma surrounding abortion, improve access and push for the law to go further in protecting abortion rights, this latest step is a big one. Incredibly vulnerable women are now protected and can seek the help they need. It also goes to show the power of our voices and what happens when we come together and shout about what we believe in. ‘Sometimes when we talk about the roll-back on abortion rights, it’s said as if it’s almost inevitable,’ notes McCudden. ‘This shows it’s not. You can make progress, you can make change, even if there are people with a lot of money trying to make it difficult. This shows it’s worth fighting for.’
Catriona Innes is Commissioning Director at Cosmopolitan, you can follow her on Substack and on Instagram.
Catriona Innes is Cosmopolitan UK’s multiple award-winning Commissioning Editor, who has won BSME awards both for her longform investigative journalism as well as for leading the Cosmopolitan features department. Alongside commissioning and editing the features section, both online and in print, Catriona regularly writes her own hard-hitting investigations spending months researching some of the most pressing issues affecting young women today.
She has spent time undercover with specialist police forces, domestic abuse social workers and even Playboy Bunnies to create articles that take readers to the heart of the story. Catriona is also a published author, poet and volunteers with a number of organisations that directly help the homeless community of London. She’s often found challenging her weak ankles in towering heels through the streets of Soho. Follow her on Instagram and Twitter.
