The Royal College of Obstetricians and Gynecologists said doctors and other medical staff should not report suspected illegal abortions to police because prosecution is never in the public interest.
In an intervention on Monday that sparked further debate about the decriminalization of abortion, the president of the professional body, Dr. Rani Thakar, said “outdated and outdated” abortion laws meant women were vulnerable to criminal investigation. He said that
Meanwhile, medical professionals are being subjected to “unacceptable and unwarranted surveillance,” Takhar said. The RCOG said medical staff could face legal action by professional bodies if they disclosed sensitive patient information without consent.
But the Unborn Child Protection Association said encouraging health workers not to report abortions could undermine public trust in the health service and justice system.
The RCOG's new guidance for medical staff comes amid concerns over infectious diseases. Increase in the number of investigations and prosecutions Number of women who sought or had an abortion.
Since 2022, at least six women have been taken to court and dozens of others are under investigation for allegedly terminating pregnancies outside the legal requirements covering abortions. Only three women have been prosecuted in the past 20 years.
Recent indictments include that of Carla Foster, who was jailed in 2020 for having an abortion when the fetus was between 32 and 34 weeks pregnant. She was later released on appeal amid public outcry.
Bethany Cox, from Teesside, was released on similar charges earlier this month. Three more women are expected to appear in court this year charged with illegal abortions.
The RCOG's guidance, published on Monday and developed in collaboration with the School of Sexual and Reproductive Health (FSRH), the British Association of Abortion Care Providers and the School of Public Health, says there is no legal obligation to report women who have had an abortion. It is not in the public interest to report to the police or outside agencies.
Medical staff should not disclose information without consent unless there is a concern for the safety of the woman or others, and any disclosure must be justified, the guidance says. You must not provide blood tests or other samples to police or other authorities without consent or a court order.
The law states that medical staff cannot disclose patient data unless consent is obtained. Healthcare professionals may only provide information about possible crimes to the police in violation of confidentiality provisions if it is deemed to be in the public interest.
a statement A paper published on the RCOG website states: “Unless required by law (e.g. female genital mutilation), medical institutions [worker] Must adhere to professional responsibilities to justify disclosure of confidential patient information. If you don't, you'll be faced with a potential suitability for litigation practice. When medical professionals engage the police, it should be done when it is in the best interests of the patient or necessary to protect others, such as when there is a risk of death or serious harm. ”
Abortion in the UK must be approved by two doctors and must occur within 24 weeks of pregnancy. Intentionally terminating a pregnancy is otherwise illegal and punishable by up to life imprisonment under the Offenses in Persons Act 1861. Abortions after 10 weeks are performed in a hospital or clinic.
The RCOG said it was concerned about the increase in prosecutions involving “deeply traumatized” and vulnerable women. “We strongly believe that it is never in the public interest to investigate and prosecute women who attempt to terminate their own pregnancies. These women should not be brought to justice or to prison. should be treated with care and consideration, without fear.
“Outdated abortion laws mean women who experience unexplained pregnancy loss are also vulnerable to criminal investigation, and medical professionals are subjected to unacceptable and unfair scrutiny.
“We hope that this new best practice guidance will clearly communicate to healthcare professionals their legal and professional obligations. It is important to understand the possible consequences of a breach.
“This is just one of the ways we are working to remove abortion care from criminal law and instead place it under medical regulation.”
Dr Jonathan Lord, co-chair of the RCOG's abortion task force, told the BBC: It will happen in other areas of medicine as well. We serve some of the most vulnerable people who don't feel comfortable relying on regulated health care, and we need them to trust us. ”
Lord added that the university's main concern is the rapid increase in the number of women being investigated. He said: “It’s hard to put numbers on it, but the tip of the iceberg is the number of people who have gone to court…and far more people are being investigated than all the people who have gone to court, and that’s the tip of the iceberg. Investigation.'' It actually harmed the woman and her family.
“Also, if you experience a miscarriage or a spontaneous miscarriage, whether it was due to abortion treatment or just a natural phenomenon, you will then face suspicion and investigation, your name will be very public, and you will be in prison. I might go to , and that would be really sad.”
The Crown Prosecution Service said such incidents are rare and are treated sensitively.
A government spokesperson said: “It is important that all women have access to safe and legal abortions on the NHS, which now includes taking abortion pills at home. We recognize that this is a very sensitive issue. We understand that there are strong opinions on all sides of the debate, which is why, according to long-standing practice, any change to the law in this area is a matter of individual conscience for members of parliament, not for the government. It will become.”
