Legal News

The Home Office has announced that it will be assessing the protests held by anti-abortion campaigners outside abortion clinics, following concerns that their actions are harassing women seeking advice and treatment.

Although the pro-life pro-choice debate is unlikely to be put to bed any time soon, those who oppose a woman’s right to choose whether or not she wishes to have an abortion will undoubtedly be incensed by Amber Rudd’s recent decision to undertake a review into protests held outside abortion clinics.

The Home Secretary’s decision to work with police, healthcare providers and local authorities in order to assess the nature and scale of such protestations comes following growing concerns that women are being harassed on their way to the clinics.

“While everyone has a right to peaceful protest, it is completely unacceptable that anyone should feel harassed or intimidated simply for exercising their legal right to healthcare advice and treatment.” Amber Rudd explained as she announced plans to provide ‘firm recommendations’ on how to tackle the problem.

Protesters have criticised the news, correctly stating that they have a right to peaceful protest under Article 11 of the Human Rights Act. Human Rights are also the foundation for many of their protestations with Article 2 (the Right to Life) and Article 3 (Freedom from torture and inhuman or degrading treatment) being key points in the pro-life argument.

Antonia Tully, the director of campaigns at the Society for the Protection of Unborn Children said;

“It is completely ludicrous to suggest introducing new powers to stop small numbers of peaceful people praying outside abortion clinics and offering leaflets to women. Women are not being harassed. Pro-life counsellors cannot force a woman not to have an abortion.”

Whilst she does make a reasonable point in the favour of the protestors, it cannot be denied that the actions of these protest groups –discounting the minority few that clearly do engage in more distressing tactics- are unsettling, unfair and uncalled for by the women who have already made the very difficult decision to opt for an abortion.

Protesting outside clinics undermines the fact that the vast majority of women choosing to have an abortion have already sought out advice and thought long and hard about their decision. It implies that a woman cannot make an independent decision correctly or that her mind needs changing. Handing out flyers and holding daily vigils for total strangers disrespects the decisions of the women attending the clinics and also devalues any information they would have consulted in making their decision to abort. The dignity and composure shown by women who must endure vigils, images of foetuses and chanting is quite remarkable when the urge to tell others to mind their own business must be so tempting.

And yet, despite their unwelcomed presence, the pro-life campaigners are not breaking the law as they have the right to peaceful protest. They must however, ensure that their protestations do not cause distress or harassment and this could prove vital in the Home Office’s review.

Labour MP, Rupa Huq, who has already campaigned for law changes, welcomes the review with ‘cautious optimism’.

“The complete anonymity of women seeking terminations should be protected as one would expect with any other NHS procedure.” She said.

Whatever the result of the review’s findings, if Ms Rudd wishes to change laws to protect women she is likely to face stiff opposition from pro-life activists who are likely to raise compelling arguments involving Human Rights Articles 2,3 and 11.

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