Introduction
This report will demonstrate an understanding of what is meant by the terms equality and diversity. It will explore in depth how inequality, discrimination, and oppression have manifested throughout history about women’s rights and choices. It will identify effective strategies that have been implemented to help combat discrimination and encourage inclusiveness. It will look at current-day issues that show how inequality is still very much present in today's society, looking more closely at Northern Ireland's current legal framework surrounding abortions.
What is meant by Equality and Diversity?
Equality and diversity is the current term used for equal opportunities. The Equality Act 2010 defines 9 characteristics that are protected under this act, these include race, gender, disability, sexual orientation, religion or beliefs, age, gender reassignment, pregnancy/maternity, and marriage/civil partnerships. The Government has a legal responsibility to safeguard individuals or groups based on these characteristics which are all valued equally, one not being a greater priority than the other (ACAS, 2017, online). The main responsibility of the act is to protect individuals from discrimination, harassment, and victimization.
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Currently, the United Kingdom’s population at present stands at an estimated 66 million. (ONS, 2018, online). Through this arises a greater responsibility to celebrate the differences that make people distinctly unique. Realizing this whether it’s in day-to-day life, the workplace, or the different service provisions available will help contribute to a greater sense of value and inclusion among the rising population. As said by Thompson 2017 “Good practice must be anti-discriminatory practice” (pg. 19)
Women’s choices, the history
In today’s society, it is often spoken about how far women's rights have come within the last 100 years. Freedom of choice over abortion has remained a battle women have had to face for centuries and even in today’s society it is a fight that is still very much present. Looking historically at the Western culture on abortion, English common law in the 1800s century agreed that abortion was a crime if carried out after a term called quickening. A term used to describe a fetus moving in the womb between 18 and 20 weeks (The BBC, 2014). Abortions carried out after this were punishable by the death penalty. However the quickening terminology was abolished and women having an abortion even at the early stages faced the possibility of death (Abortion Rights, 2019 ). The concept of a woman’s right to choose was not nonexistent the life of the fetus was considerably more important than the life of the mother even at the earliest stages of pregnancy. In 1861 the law criminalised the supply of any instruments thought to be used with the intent to carry out an abortion once more suppressing the choices available to women (The Guardian, 2017). In 1929 The Infant Life Preservation Act was created. It facilitated for it to be a new crime when killing a viable fetus (legislation.gov, 2019 ). Nevertheless, abortion was allowed to be carried out by a medical practitioner only under the terms that it was carried out in good faith for the preservation of the mother’s life (Abortion rights2, 2019). Consequently this lead to a high number of maternal deaths due to attempted abortion. According to Abortion Rights, 15 % of maternal deaths during the 1930s were due to illegal abortion (2019). This highlights the distressing lengths women had to go to to avoid having children which led to unnecessary deaths
The Bourne Judgement
The Bourne judgment was the first case in which the grounds for abortion could be carried out legally in England. Dr 7 Alec Bourne performed an abortion on a 14-year-old girl who had been gang raped by 5 soldiers. Dr Bourne was charged with conducting an illegal abortion (Dickens, B, M. 1966). Subsequently, this decision was overturned in a landmark case. The judge told the jury that it must be proven beyond reasonable doubt that the abortion was not performed to save the life of the girl. The court established that doctors have a duty of care and that waiting till the patient is at risk of immediate death does adhere to that value. They established on reasonable grounds that continuing the pregnancy would harmfully affect the physical and mental well-being of the girl. Therefore preserving the life of the mother and performing an abortion in these circumstances can be carried out legally (Macnaughten, M. 2019). Dr Alec Bourne was acquitted under these circumstances. The ruling paved the way for reform to be considered on the subject of abortion. The National Council of Women of Great Britain urged the government to introduce new legislation. However, due to the ongoing development of World War 2, prevented any reform from being finalized (The National Archives. 2017).
The 1960s, the decade of change
The 1960s can be seen as a decade that started the women's liberation movement. In 1961 the contraceptive pill was launched. Even with such revolutionary developments oppressive attitudes towards women’s choices can still be seen in what should have promoted better choices for women with the invention of the contraceptive pill. It has been called one of the greatest scientific inventions of the 20th century (Cafe, R. 2011). This should have paved the way for freedom of choice allowing women to choose what they do with their bodies. During this time women in the 1960s were often married at an early age, expected to take the lead role in raising a family, and refrain from pursuing any type of professional career. Nevertheless, the pill was only accessible to married women (Liao, P., V. 2012). It created uncertainty among society and provoked fear of female promiscuity. It was thought it would encourage women to become sexually free. In truth it should have begun the movement allowing women to finally exercise control over their bodies, having freedom of choice over decisions that in today’s present society are seen as sociably acceptable (Liao, P, V. 2012). It could be argued previous limitations were an attempt to control women’s lifestyle choices. To enforce certain roles and what was seen as appropriate female conduct, raising a family, motherhood, and being the homemaker (Sheldon, S 1998). Strategies implemented began with The National Health Service introducing the Family Planning Act 1967 which empowered local authorities to give birth control to women regardless of their marital status. Creating this type of access to the contraceptive pill allowed women to finally decide over their right to have children or not (Lilleslatten, m. 2018). This was liberating for women, having the power to control their sexuality and fundamentally make their own choices on what they wanted to do over their bodies.
Continuing this liberation in 1967 was the ground-breaking piece of legislation known as The Abortion Act (1967). The United Kingdom legalized the practice of abortions, this can be seen as a landmark decision for women. Although the act has been challenged repeatedly, at present 50 attempts have been made to restrict the bill by pro-life organizations, which continues even in present-day society ( The Guardian, 2017). Women’s organizations consistently campaign to uphold the act and ensure it is an option for women then and today (Abortion Rights 2019). The topic of abortion will always remain a controversial subject, even in today’s society it is still extensively debated. Pro-life and pro-choice continuously battle between the ethics associated with abortions (Jones, K. 2007).
Maternal rights vs fetus rights tend to be the two main arguments that are discussed, pro-life arguing the fetus is an innocent human and it is morally wrong to kill an innocent human. These attitudes could be seen to suggest, that pro-life groups have no disregard for the life of the women. Their primary focus is on the life of the fetus regardless of the circumstances, contradictory to their argument “pro-life” Why is the life of the mother not equally important.? Pregnancy affects every woman differently, taking into consideration, age, background, culture, and socioeconomic status can have a significant impact on the choices that are made (Lopez, R. 2012)
In comparison to the view of pro-choice, a fetus has no moral status and the pregnant mother has a moral right to choose what is done with her body (Jones, K, 2007). The criticism of this is that the fetus equally has rights and it is unethical to prioritize one individual's rights over another (Lee, P. 2010).
Abortion tourism: Northern Ireland
Although being part of the U.K. The Abortion Act 1967 does not extend to Northern Ireland. Abortion is illegal regardless of the circumstances including incest, rape, and fatal abnormalities meaning it would not survive out of the womb ( Amnesty, 2019). The idea that at present women from Northern Ireland do not have access to safe abortions is a fundamental failure of their human rights. Facing daily discrimination and inequality through not having rights over their reproductive choices (FPA, 2019). According to the Department of Health Statistics 919 women from Northern Ireland travelled to the U.K. or Wales to have an abortion in 2017 (2018). This highlights the extreme lengths women have to go through to access safe health care. In the event of not being able to travel this limits women’s options enforcing unacceptable decisions, the possibility of obtaining illegal abortion pills online, or having to continue with an unwanted pregnancy. The U.K. Supreme Court found that Northern Ireland’s abortion laws are in breach of the European Convention on Human Rights ( Rooney, J, M.).
As a result of the current legal framework opposed by Northern Ireland the U.K. government has implemented strategies to help eliminate distress and financial difficulty. The government has committed to cover the cost of abortion care for women traveling from Northern Ireland ( Marie Stopes, 2019). It will be made accessible to women on lower incomes, approximately £15,300 per year, and help with travel costs, consultations, free contraceptives, and the procedure (BBC, 2017). However, critics from the Right To Life organization describe these interventions as a disgrace stating
“This leaves women who are the poorest and most vulnerable materially with the inducement to end the lives of their children in the womb, without giving any concurrent alternative of compassionate care.'
Although the U.K. Government has introduced such measures, one major drawback to consider is not all women will have access to travel. Many women from the most vulnerable backgrounds in such situations as domestic violence, no confirmed immigration status, being too young, or simply not having the childcare to travel may not have access to such services (Irish Time, 2019). The impact of Northern Ireland's abortion laws creates monumental barriers for women. It facilitates fear and isolation resulting in increased stress and, anxiety, and could enforce unsafe methods of abortions being considered resulting in a higher risk of complications to a woman’s physical and mental health (Aiken, A., R. 2019)
New Legislation
Previously women in England, Scotland, and Wales were required to complete an early abortion in two parts within 48 hours of each other. Having to travel and be in an unfamiliar environment is likely to cause unnecessary stress and trauma. (The Independent, 2018). A survey was untaken by BML Sexual and Reproductive Health to obtain findings on allowing women more options in the management of early medical abortions (EMA). The process involves taking mifepristone and then returning within 24 hours to continue the EMA by taking misoprostol entirely in a clinical setting. Out of 249 participants, 86% would rather go home to use misoprostol and complete the second part of the procedure. It found women preferred home use of the medication compared to being in a medical setting and felt safe in doing so (Lohr, P.A. 2010)
The decision was made to legalize the use of misoprostol at home rather than being forced to do so in a clinical setting, which is now standard practice across many settings where abortion options are available. Home management of EMA dramatically improves the experience for women and allows for more dignified care in the privacy of their own homes. It also stops the risk and pain of bleeding while traveling. Simply allowing women more choices is an effective strategy to promote equality and combat discrimination.
Conclusion
It could be suggested women have always held an inferior position in society. Lack of choices has been a complex issue over many decades. Initially not having the ability to choose over their reproductive health in regards to contraceptives is gender-based discrimination. This continued with the lack of options for abortions, which resulted in many women obtaining unsafe procedures leading to unnecessary deaths. The introduction of the contraceptive pill and the Abortion Act 1967 were seen as instrumental improvements in the movement towards great equality for women. In present-day society, although tremendous improvements have been implemented to promote and advocate women’s rights there are still women suffering due to outdated ineffective and discriminative legislation. Northern Ireland still criminalizing the act of abortion can be deemed inhuman and damaging to women’s health. It perpetuates discrimination and inequality at a significant level. To deny women the choice to choose what she does with their reproductive rights suggests the current legal framework is unfit for purpose. Inaction should no longer be an option.
Marie Stopes provides safe abortions and contraception services to millions of women and girls every year. Looking more closely at their policies implemented. They have stated they believe equality for women is at the heart of everything they do ensuring no barriers or bias are present. The company has to adhere to the Equal Pay Act 1970 which is now incorporated into the Equality Act 2010 (CIPD, 2019). However, when looking at the representation of women to men taking a lead role there seems to be a significant difference. This can be seen in the pay gap within this organization and the number of men taking a lead role within the business. At present in the organisations women earn 63p for every £1 that men earn when comparing hourly wages, resulting in women’s mean hourly wage being 45.2% lower the a mans (Gov, 2017). This highlights the under-representation of women in senior roles across abortion care. Although the policy committee to positive objectives for equality for women, it still requires better strategies to eliminate the gap
References
- Lopez, R., 2012. Perspectives on Abortion: Pro-Choice, Pro-Life, and What Lies in between. European Journal of Social Sciences, 27(4), pp.511-517.
- Aiken, A.R., Padron, E., Broussard, K. and Johnson, D., 2019. The impact of Northern Ireland’s abortion laws on women’s abortion decision-making and experiences. BMJ Sex Reprod Health, 45(1), pp.3-9. http://www.abortionrights.org.uk/history-of-abortion-law-in-the-uk/
- Dickens, B.M., 1966. Abortion and the Law (pp. 13-20). Bristol, England: MacGibbon & Kee. https://www.womenslinkworldwide.org/en/gender-justice-observatory/court-rulings-database/r-v-bourne
- The National Archives. 2017. The Inter-department committee on abortion. Available at: https://blog.nationalarchives.gov.uk/blog/inter-departmental-committee-abortion. [Accessed 27th March 2019)
- Sheldon, S., 1998. The Abortion Act 1967: a Critical Perspective. In Abortion Law and Politics Today (pp. 43-58). Palgrave Macmillan, London.
- Café, R. 2011.How the contraceptive pill changed Britain. Available at: https://www.bbc.co.uk/news/uk-15984258. [Accessed 28th March 2019)
- Liao, P.V. and Dollin, J., 2012. Half a century of the oral contraceptive pill: Historical review and view to the future. Canadian Family Physician, 58(12), p.e757 http://kjonnsforskning.no/en/2018/02/contraceptive-pill-story-sexual-liberation-and-dubious-research-methods
- Lohr, P.A., Wade, J., Riley, L., Fitzgibbon, A. and Furedi, A., 2010. Women's opinions on the home management of early medical abortion in the UK. BMJ Sexual & Reproductive Health, 36(1), pp.21-25.
- Ní Ghráinne, B. and McMahon, A., 2019. Abortion in Northern Ireland and the European Convention on Human Rights: Reflections From the UK Supreme Court. International and Comparative Law Quarterly, Forthcoming. https://www.theguardian.com/commentisfree/2017/oct/27/50-years-abortion-act-law-women
- Jones, K., 2007. Ethics of abortion: the arguments for and against. Nursing standard, 21(37). Vancouver
- Lee, P., 2010. Abortion and unborn human life. CUa Press.2010 https://www.amnesty.org.uk/abortion-rights-northern-ireland-timeline
- https://www.fpa.org.uk/news/almost-1000-women-northern-ireland-forced-travel-overseas-access-abortion-services-2017
- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/763174/2017-abortion-statistics-for-england-and-wales-revised.pdf
- Rooney, J.M., Standing and the Northern Ireland Human Rights Commission. The Modern Law Review. https://www.mariestopes.org.uk/abortion-services/travelling-from-ireland/
- https://www.independent.co.uk/news/health/misoprostol-at-home-england-women-early-abortion-new-law-a8506971.html
- https://www.irishtimes.com/news/social-affairs/uncertainty-over-abortion-referrals-in-north-unacceptable-commons-committee-1.3870643
- http://www.legislation.gov.uk/ukpga/Geo5/19-20/34/section/1
- https://www.theguardian.com/commentisfree/2017/oct/27/50-years-abortion-act-law-women
- https://www.cipd.co.uk/knowledge/fundamentals/emp-law/equal-pay/factsheet
- https://gender-pay-gap.service.gov.uk/Employer/HEkNAcNO/2017
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