PLANS to allow pregnant women to use an abortion-inducing drug in their own home are about to be challenged in court.
Pro-life campaigners have branded the Scottish Government move as horrific and likened it to giving the go-ahead for DIY “backstreet abortions”.
They are now set to argue in the Court of Session that the proposal, which was announced after the Scottish Parliament won the right for abortion issues to be devolved, is inconsistent with the 1967 Abortion Act.
The Society for the Protection of Unborn Children (Scotland) will present their call for a Judicial Review of the plans to senior judge Lady Wise, tomorrow. They will be represented in court by Morag Ross QC, who has been involved in numerous high-profile human rights and civil liberties cases.
The move follows confirmation in October from Scotland’s Chief Medical Officer, Dr Catherine Calderwood, that she had written to Scottish health boards, indicating the drug Misoprostal could be taken by women outside a clinical setting.
The drug is taken in two stages and induces bleeding leading to the termination of the pregnancy. Women in the early stages of pregnancy who have suffered a miscarriage can be given it to take at home, but women seeking an abortion are required to take both pills in a hospital or clinic.
Dr Calderwood said extending its use would give women seeking an abortion “more privacy, more dignity”. While Scotland would become the first in the UK to make the switch, the drug is already given for home use to women seeking an abortion in the United States, France and Sweden.
The controversial decision was widely welcomed by pro-choice groups at the time.
In December, a joint letter to The Herald signed by pro-choice organisations including Abortion Rights, the Family Planning Association and The Scottish Humanist Society and supporters urged the Scottish Government to fight any legal challenge to the move.
It said: “We believe that the decision to designate a woman's home as a place where abortion treatment can be completed is progressive and in line with modern medicine.
“There is no clinical reason why it cannot be taken at home.”
However, anti-abortion campaigners say the move trivialises abortion and could see women pressurised into taking the drug to suit other people.
The SPUC says it is challenging the plan on grounds that the 1967 Abortion Act “was not intended to allow abortions to take place at home”.
They also argue that the Act demands the presence of medical, nursing or clinical staff.
John Deighan, CEO of SPUC Scotland, accused the Scottish Government of failing to engage with the group on the matter. He added: “The abortion pill has been greatly pushed by the government as if it were some sanitised and easy way of ending a pregnancy. It is far from that.
“The move to trivialise abortion is one that harms women and creates an environment where some women are even urged to have an abortion because it does not suit others.
SPUC say their opinion poll research suggests a lack of support for the move, with 42 per cent of people questioned disagreeing that women should be permitted to have an abortion in their own home by taking an abortion pill, without the necessity for qualified medical professionals to be present. Thirty eight per cent agreed.
Mr Deighan added: “We believe the government scheme amounts to authorising backstreet abortions. The potential health risks for mothers and their babies are horrific.
“Many vulnerable women who may be desperate about the situation they are in will be pushed towards what is seen as the easy option of being handed some drugs and sent home to stop being a problem for society.”
A Scottish Government spokesman said: “In light of the imminent court hearing, it would not be appropriate for the Government to comment further at this stage.”
Jillian Merchant, vice-chair of Abortion Rights, said: “The Scottish Government’s decision to allow women to take Misprostal at home is a welcome development and has the support of a wide range of experts and organisations.
“The international evidence and studies clearly demonstrate the safety and clinical appropriateness of women taking one or both of the abortion pills at home. This provides more flexibility for women while maintaining safe and effective abortion healthcare.
“This change is long overdue in Scotland. This already happens in the United States, France and Sweden. It also happens in Scotland currently, but only following miscarriage.
“Patients are not required to take pills in front of the prescribing clinician for any other condition. Abortion should be treated no differently.
“It is clear that the law allows Scottish Ministers to designate a patient’s home as a place where abortion treatment can be completed and we hope that the legal action raised by the anti-choice lobby is defeated in the Courts.”
Ruairi Rowan, FPA's senior advocacy officer, added: "Most abortions in Scotland are now carried out by simply taking two types of medication, usually on different days. Until recently, women had to return to take the second pill at an approved location before they could go home, meaning bleeding may begin as they travel home.
"Women being forced into a situation where they may have to miscarry on buses and in taxis is cruel and unnecessary. By allowing women to take the second abortion pill in a safe and comfortable place, like their home, Scotland is making a welcome step to end this barbaric practice. Other countries should now follow Scotland's lead."
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