https://www.wirehouse-es.com/2018/05/09/shared-parental-leave/
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Thursday, 12 December 2019
Sunday, 8 December 2019
RESEARCH: Equality Act 2010 (4)
https://thpsolicitors.co.uk/employment-law-news/what-has-been-the-impact-of-the-equality-act/
"The legislation was seen by the Government as the ultimate goal in a history of disparate legislative measures addressing discrimination, and sometimes inequality more generally, arising from race, gender, disability and then latterly sexuality, religion, belief and age."
"The most recent cases involved the manisfestation of belief and religion, dealt with by the European Court of Human Rights. The four cases involved four practising Christians, 2 complained that their employers placed unlawful restrictions on their ability to visibly wear Christian crosses around their necks while at work; the other two complained about their dismissal from employment for refusing to carry out certain duties which they considered would condone homosexuality and be contrary their own beliefs. Of the four cases, the ECHR only ruled in favour of Ms Eweida one of the first 2 cases, albeit that her case had failed in each of theUK’s domestic courts for different reasons each time. The ECHR found that a fair balance had not been struck between, on the one hand, Ms Eweida’s desire to manifest her religious belief and her ability to communicate that belief to others, and on the other hand the employer’s wish to project a certain corporate image."
"In looking at these cases and others before the Courts, employers are faced with difficult decisions in avoiding legal challenges, whilst the price paid is high and potentially crippling if decisions are determined to be wrong."
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
"The legislation was seen by the Government as the ultimate goal in a history of disparate legislative measures addressing discrimination, and sometimes inequality more generally, arising from race, gender, disability and then latterly sexuality, religion, belief and age."
"The most recent cases involved the manisfestation of belief and religion, dealt with by the European Court of Human Rights. The four cases involved four practising Christians, 2 complained that their employers placed unlawful restrictions on their ability to visibly wear Christian crosses around their necks while at work; the other two complained about their dismissal from employment for refusing to carry out certain duties which they considered would condone homosexuality and be contrary their own beliefs. Of the four cases, the ECHR only ruled in favour of Ms Eweida one of the first 2 cases, albeit that her case had failed in each of theUK’s domestic courts for different reasons each time. The ECHR found that a fair balance had not been struck between, on the one hand, Ms Eweida’s desire to manifest her religious belief and her ability to communicate that belief to others, and on the other hand the employer’s wish to project a certain corporate image."
"In looking at these cases and others before the Courts, employers are faced with difficult decisions in avoiding legal challenges, whilst the price paid is high and potentially crippling if decisions are determined to be wrong."
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Saturday, 7 December 2019
RESEARCH: Equality Act 2010 (3)
"Key messages:
- The Equality Act 2010 applies to everyone who provides a service to the public, whether or not a charge is made for that service. It covers statutory, private, voluntary and community sector organisations.
- Everyone has the right to be treated with dignity and respect. The Equality Act 2010 prohibits discrimination on named grounds. These are called ‘protected characteristics’.
- The relevant protected characteristics are age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
- Discrimination on grounds of age when accessing goods and services is not currently protected. It is expected to be protected from April 2012.
- The Equality Act 2010 also applies to employment. People who use direct payments will need separate advice to ensure that unlawful discrimination does not occur when they employ personal assistants or other staff.
- The Equality Act 2010 prohibits not only direct discrimination but also indirect discrimination, harassment or victimisation.
- The Equality Act 2010 requires public bodies and those carrying out public functions to have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations between people from different equality groups. This is called the public sector equality duty."
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Friday, 6 December 2019
RESEARCH: Equality Act 2010 (2)
https://www.youtube.com/watch?v=UuIdq_ftQY8
Very clear information, displayed in a simple and understandable way.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Very clear information, displayed in a simple and understandable way.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Thursday, 5 December 2019
RESEARCH: Equality Act 2010 (1)
https://www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-equal-work-what-law-says
Article published on 15th July 2019
Page directed at employers.
Relevant to Great Britain.
Overview
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published on 15th July 2019
Page directed at employers.
Relevant to Great Britain.
Overview
- Article is a concise overview of the legal implications of equal pay and a guide to some of the important terms and principles in the Equality Act 2010.
Equality Act 2010
- 'equality of terms' provisions of the Equality Act 2010.
- Act gives a right to equal pay between women and men for equal work. Covers individuals in the same employment, and includes equality in pay and all other contractual terms.
- Act implies a sex equality clause automatically into all contracts of employment, ensuring that a woman's contractual terms are no less favourable than a man's.
Pay includes the complete pay and benefits packages
- basic pay
- non-discretionary bonuses
- overtime rates and allowances
- performance-related benefits
- severance and redundancy pay
- access to pension schemes
- benefits under pension schemes
- hours of work
- company cars
- sick pay
- fringe benefits such as travel allowance
- benefits in kid
All employees have a right to equal pay
- The equal pay provisions in the act apply to men and women. However, to avoid repetition and for clarity this is written as though the claimant is a woman comparing her work and pay those of a man.
- The right of women and men to receive equal pay work applies to:
- all employees (including apprentices and those working from home), whether on full-time, part-time, casual or temporary contracts, regardless of length of services.
- other workers (e.g: self-employed) whose contracts require personal performance of the work.
- employment carried out within Great Britain or where there is a sufficiently close link between the employment relationship and the UK.
Equal pay in the same employment
- A woman can claim equal pay with a man working:
- for the same employer at the same workplace.
- for the same employer but at a different workplace where common terms and conditions apply.
- for an associated employer.
- EU law also allows a woman to compare herself to a man who is not in the same employment but where the difference in the in pay is attributable to 'a single source' which has the power to rectify the difference.
What is a comparator?
- For a woman to claim equal pay, she needs to be able to compare her pay to a man carrying out equal work (a 'comparator').
- Woman to select man to be compared with.
- Can claim off of more than one comparator.
- Her employer cannot influence the choice of comparator(s) and the comparator does not have to give consent.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Thursday, 28 November 2019
RESEARCH: Equal Pay Act 1970 (4)
https://www.channel4.com/news/made-in-dagenham-a-victory-for-womens-rights
Article published Sept 23rd 2010
"times when cultural snobbery is wildly inappropriate."
"Made in Dagenham tells the incredible story of the 187 women who went on strike at Ford’s Dagenham factory in 1968 in protest at being downgraded to ‘unskilled’ workers."
"In their own way, the women whose story is told in Made in Dagenham were pioneers too. Although they identified as everyday working women who before the strike hadn’t been particularly politically active or even aware, their actions brought about huge social and political change"
"The strike brought the factory – employing a total workforce of 55,000 and churning out half a million cars a year – to a standstill. And it eventually brought about the Equal Pay Act. The film reaches its stirring climax by bowing out on this high."
"their actions brought about huge social and political change"
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published Sept 23rd 2010
"times when cultural snobbery is wildly inappropriate."
"Made in Dagenham tells the incredible story of the 187 women who went on strike at Ford’s Dagenham factory in 1968 in protest at being downgraded to ‘unskilled’ workers."
"In their own way, the women whose story is told in Made in Dagenham were pioneers too. Although they identified as everyday working women who before the strike hadn’t been particularly politically active or even aware, their actions brought about huge social and political change"
"The strike brought the factory – employing a total workforce of 55,000 and churning out half a million cars a year – to a standstill. And it eventually brought about the Equal Pay Act. The film reaches its stirring climax by bowing out on this high."
"their actions brought about huge social and political change"
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Wednesday, 20 November 2019
RESEARCH: Equal Pay Act 1970 (3)
http://www.equalpayportal.co.uk/the-law/
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Tuesday, 19 November 2019
RESEARCH: Equal Pay Act 1970 (2)
https://www.bl.uk/sisterhood/articles/equal-pay-and-equality-legislation
Article published: 8th March 2013
I have watched the videos and read through the different information, demonstrating different experiences and knowledge.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published: 8th March 2013
I have watched the videos and read through the different information, demonstrating different experiences and knowledge.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Monday, 18 November 2019
RESEARCH: (Current Affairs) Why rape prosecutions are low in England and Wales
https://www.bbc.co.uk/programmes/p07twttn
November 14th 2019
Topical research on higher organisations and stigma surrounding rape cases.
November 14th 2019
Topical research on higher organisations and stigma surrounding rape cases.
Thursday, 14 November 2019
RESEARCH: Equal Pay Act 1970 (1)
https://www.closethegap.org.uk/content/gap-law-1970/
Article published May 2016
The Equal Pay Act 1970 was the first piece of UK legislation the right to equal pay between men and women.
Set out that an individual cab claim equal pay when she or he, when compared with a comparator of the opposite sex, is employed in:
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published May 2016
The Equal Pay Act 1970 was the first piece of UK legislation the right to equal pay between men and women.
Set out that an individual cab claim equal pay when she or he, when compared with a comparator of the opposite sex, is employed in:
- Like work
Which means work that it is the same or broadly similar, regardless of whether the job title is the same. - Work rated as equivalent
Which means work that has been rated as equivalent under a job evaluation scheme. - Work of equal value
Which means work that requires the same levels of effort, skill, knowledge and responsibility.
Provisions of the Equal Pay Act are mirrored in the Equality Act 2010 - brought together previously existing equalities legislation, and strengthened and simplified equalities law.
In conclusion, "Close the Gap" specialises in the inequality of women at work. Because of this, the article could be bias as it may place an emphasis on the struggle women.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Tuesday, 12 November 2019
RESEARCH: National Health Service (Family Planning) Act 1967 (4)
I have read through this previewed version of the journal, and hope to access the full version.
In conclusion, this article may not be accurate as it is taken from an academic journal, however the sources used have been included by the author, which suggests credibility.
Sunday, 10 November 2019
RESEARCH: National Health Service (Family Planning) Act 1967 (3)
https://humanism.org.uk/2017/06/28/50th-anniversary-of-contraception-on-the-nhs/
Article published: June 28th 2017
The National health Service (Family Planning) Act 1967 made contraception readily available for all through the NHS in England and Wales - including the contraceptive pill for women.
Same year - the Abortion Act 1967 was passed.
These two Acts allowed women to take control of their fertility for the first time.
Argued that the advent of the contraception pill was the most significant medical advances of the last century.
The pill allowed women in the UK and the world, the freedom to plan if, when and how many they have children.
The contraceptive pill was originally created by American biologist Dr Gregory Pincus in the 1950s.
The contraceptive pill contains oestrogen and progestin hormones which prevents the process of ovulation.
Without an egg being released by the ovaries, no fertilisation can take place.
This method of contraception is 99% effective at preventing pregnancy.
There are 32 different forms of the pill worldwide.
Taken by over 100 million women globally.
The first pill was introduced in Britain in 1961.
Only available to married women through the NHS.
This was changed with the passing of this Act, introduced as a private member's Bill by Labour MP Edwin Brooks - made the pill freely accessible to all women (single or married).
Estimated that 70% of all women in Britain have used the pill at some point in their lives.
Passing of this Act been regarded as a revolutionary moment - empowers women both in public and private spheres.
The availability of free, reliable and easy-to-use contraceptives contributed to the dramatic increase in women in the workforce since 1960s - as well as being given the ability to study.
Opened up careers, educational and social opportunities - previously didn't exist (due to burdens of pregnancy and childcare).
Andrew Copson (Chief Executive of Humanists UK) - "one of the most influential and positive pieces of legislation in modern times. The 1967 National Health Service (Family Planning) Act has advanced, and continues to advance, the autonomy and life opportunities of millions of women in the UK who are no longer constrained by unwanted pregnancies.
Campaigns around abortion and contraception are ongoing."
In conclusion, I found this article on the Humanist's organisations website. This article may be bias due to its reflection on religion.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Friday, 8 November 2019
Wednesday, 6 November 2019
Monday, 4 November 2019
RESEARCH: National Health Service (Family Planning) Act 1967 (2)
https://www.fpa.org.uk/factsheets/history-family-planning-services
Article published October 2011
1921: First UK birth control clinic was founded in London by Marie Stopes.
1921-1930: Five separate birth control societies were formed to open clinics throughout England. Slogan was "children by choice, not by chance".
1932: The Medical Officer for Health in Plymouth was the first to offer the NBCA the use of the Maternity and Child Welfare Clinic. This set the future pattern: after this most clinics were run by a branch of the NBCA on council premises.
1937: Following concern about maternal mortality, LHAs were urged to establish post-natal clinics which would also provide contraceptive advice on medical indications.
1939: NBCA became the Family Planning Association (FPA). 65 clinics were now operating.
1943: First centre for the investigation of male sub-fertility was set up in London.
1946: First marriage guidance sessions were introduced within existing clinics. Formal training in contraceptive techniques was established in designated training clinics.
Family planning provision was not included in the National Health Services Act which established the NHS.
1952: FPA clinics started to give contraceptive advice to women who were about to be married.
1958: The number of clinics had increased to 292. Bishops at the Lambeth Conference firmly expressed approval of birth control.
1959: Domiciliary services were established.
1960: Helen (later Lady) Brook, previously chairman of Islington FPA, started an evening session for unmarried women at the Marie Stopes Clinic in Whitfield Street, London.
1961: FPA approved the use of oral contraceptives in its clinics.
1962: FPA became a registered charity.
1963: The Marie Stopes board agreed to sponsor a young people’s advisory session in their clinic.
1964: A proposal at the FPA AGM to extend contraceptive advice to unmarried women was rejected. However, a large majority voted for an amendment that unmarried women would be referred to youth advisory centres, whose formation FPA should encourage.
Helen Brook founded the first Brook Advisory Centre exclusively for young unmarried women.
1965: IUDs approved for use in FPA clinics.
1967: The National Health Service (Family Planning) Act enabled LHAs to give birth control advice, regardless of marital status, on social as well as medical grounds using voluntary organisations such as FPA as their agents if they wished. FPA National Council resolved that branches would be allowed to give advice to the unmarried if they wished.
1968: Section 15 of the Health Services and Public Health Act 1968 made the same provisions for Scotland.
First FPA vasectomy clinics opened in Cardiff, then in West Bromwich, Glasgow and London.
1969: Formal training of doctors and nurses in contraceptive techniques started.
1970: On 1 April the National Council agreed that FPA clinics should be mandated to provide family planning advice irrespective of marital status.
1972: The National Health Service (Family Planning) Amendment Act empowered LHAs to provide free vasectomies.
1974: The long term aim of FPA was achieved when family planning was incorporated into the NHS under the NHS Reorganisation Act. This also amended the laws relating to Scotland.
From 1 April, all contraceptive advice and prescribed supplies provided by the NHS were free of charge irrespective of age or marital status.
The phased handover of over 1,000 FPA clinics and domiciliary services to the area health authorities (AHAs) began.
DHSS memorandum of guidance on provision of a comprehensive family planning service and specialist advice relating to the under-16s.
1975: GPs agreed to join the NHS family planning services from 1 July, in return for an item of service payment. This excluded the prescribing of condoms.
A memorandum of guidance was issued to Health and Social Services Boards (HSSB) in Northern Ireland. This stressed that a choice of sources of family planning advice should be available, and that people should be free to change their source and to attend clinics in another HSSB.
1976: AHAs became responsible for the medical family planning training of doctors and nurses (except in Glasgow).
1977: The National Health Service Act imposed a duty on the Secretary of State to ensure that a full range of contraceptive services was available, free of charge.
1978: The National Health Service ( Scotland) Act achieved the same ends in Scotland.
1980: DHSS issued revised guidelines on services for young people.
1983: Cuts in health service expenditure threatened family planning clinics and some areas suffered a reduction in services. Kenneth Clarke, Minister of Health, stressed the need to maintain a free contraceptive service.
1984: DHSS guidelines on provision of contraceptives to under-16s were suspended in December, following an Appeal Court ruling in favour of Mrs Victoria Gillick.
1985: The Appeal Court ruling was overturned by the House of Lords and the DHSS guidelines reinstated, although a full review was announced.
1986: DHSS guidelines regarding under-16s were revised.
1987: District health authority (DHA) cuts in clinic services and budgets reached a crisis point when further cuts were proposed.
The Northern Ireland DHSS reviewed its guidance on providing contraceptive services to young people and concluded that ‘there is no reason to suppose therefore that the decision in the Gillick case would not be followed by the Northern Ireland courts’.
1989-90: In a White Paper and in the NHS and Community Care Act 1990, responsibility for purchasing and providing services was separated. Large GP practices were also able to become fundholders.
1990: In June an Executive Letter to regional general managers stressed: ‘Government policy remains that people should be free to choose their source of contraceptive advice and that health authority family planning services complement, rather than duplicate, those which GPs provide’.
1991: An Executive Letter to regional and district general managers reminded them of their legal and policy obligations to provide a full range of contraceptive services free of charge, including male and female sterilisation.
Regional health authorities were asked by the Health Minister to review their family planning services.
1992: Government published guidelines for carrying out the review. The aim was that by 1994/5, the full range of NHS family planning services, however provided, should be appropriate, accessible and comprehensive.
1994: Following a review, a Government Advisory Committee announced that no current contraceptive product would be placed on the Selected List which limits the drugs that doctors are able to prescribe. However, contraception will remain a selected list category and could be reconsidered at any time in the future.
1997-99: The 1992 reports were superseded by various government documents on health strategy. Scotland set a national target for reducing teenage pregnancies and Northern Ireland for reducing teenage births.
1998: The Family Planning Association became FPA.
In preparation for Primary Care Groups (PCGs) taking on responsibility for services in April 1999, a Health Service Circular advised PCGs that any proposed changes to secondary care services such as family planning should first be discussed and agreed with both service providers and users.
2000: After a government review, the Medicines Act 1968 was amended to allow the supply or administration of a prescription-only medicine by a designated health professional in accordance with a patient group direction. This led to increased provision of emergency contraception by nurses and pharmacists.
2001: The national strategy for sexual health and HIV for England included contraceptive services and recommended three levels of provision within both primary care and specialist clinics. A similar strategy for Northern Ireland is being developed.
2002: Primary care trusts (PCTs) became responsible for planning and securing the provision of local health care and services in England. From 1 April, independent nurse prescribers throughout the UK who have completed specialist training were authorised to prescribe from the Nurse Prescribers’ Extended Formulary, which includes contraception and emergency contraception. Only England currently has a training programme, where there are also plans to include prescribing skills in pre-registration training in the future. The DH also initiated consultation on proposals for supplementary prescribing by nurses and pharmacists. Throughout the UK, this would allow prescribing as part of an agreed clinical management plan for an individual patient.
2008: The Medical Foundation for AIDS and Sexual Health (MedFASH) produced a review of progress in implementing the National Strategy for Sexual Health and HIV. The review called for renewed focus on prevention work and a more holistic approach to sexual health. The review recommended five priorities:
1) Prioritise sexual health as a public health issue
and sustain high level leadership at local,
regional and national levels
2) Build strategic partnerships
3) Commission for improved sexual health
4) Invest in prevention
5) Deliver modern sexual health services.
2010: The National Strategy for Sexual Health and HIV came to an end. The coalition government announced plans for a new sexual health policy document due by the end of 2011.
In conclusion, I would argue that this article is of strong validity as the organization is a well known one in the UK. However, the organization went into liquidation in May 2019. Because of this, I would argue that more up-to-date information has become available, which I shall source later in my research.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published October 2011
1921: First UK birth control clinic was founded in London by Marie Stopes.
1921-1930: Five separate birth control societies were formed to open clinics throughout England. Slogan was "children by choice, not by chance".
1930: These organisations united to become the National Birth Control Council (NBCC). Ministry of Health circular permitted local health authorities (LHAs) to provide birth control advice for married women ‘for whom a further pregnancy would be detrimental to health’. NBCC started to put pressure on LHAs to implement the circular. The council’s own clinics totaled 20.
1931: NBCC changed its name to the National Birth Control Association (NBCA) and set itself the twofold task of being a clinic-providing body and a pressure group.1932: The Medical Officer for Health in Plymouth was the first to offer the NBCA the use of the Maternity and Child Welfare Clinic. This set the future pattern: after this most clinics were run by a branch of the NBCA on council premises.
1937: Following concern about maternal mortality, LHAs were urged to establish post-natal clinics which would also provide contraceptive advice on medical indications.
1939: NBCA became the Family Planning Association (FPA). 65 clinics were now operating.
1943: First centre for the investigation of male sub-fertility was set up in London.
1946: First marriage guidance sessions were introduced within existing clinics. Formal training in contraceptive techniques was established in designated training clinics.
Family planning provision was not included in the National Health Services Act which established the NHS.
1952: FPA clinics started to give contraceptive advice to women who were about to be married.
1958: The number of clinics had increased to 292. Bishops at the Lambeth Conference firmly expressed approval of birth control.
1959: Domiciliary services were established.
1960: Helen (later Lady) Brook, previously chairman of Islington FPA, started an evening session for unmarried women at the Marie Stopes Clinic in Whitfield Street, London.
1961: FPA approved the use of oral contraceptives in its clinics.
1962: FPA became a registered charity.
1963: The Marie Stopes board agreed to sponsor a young people’s advisory session in their clinic.
1964: A proposal at the FPA AGM to extend contraceptive advice to unmarried women was rejected. However, a large majority voted for an amendment that unmarried women would be referred to youth advisory centres, whose formation FPA should encourage.
Helen Brook founded the first Brook Advisory Centre exclusively for young unmarried women.
1965: IUDs approved for use in FPA clinics.
1967: The National Health Service (Family Planning) Act enabled LHAs to give birth control advice, regardless of marital status, on social as well as medical grounds using voluntary organisations such as FPA as their agents if they wished. FPA National Council resolved that branches would be allowed to give advice to the unmarried if they wished.
1968: Section 15 of the Health Services and Public Health Act 1968 made the same provisions for Scotland.
First FPA vasectomy clinics opened in Cardiff, then in West Bromwich, Glasgow and London.
1969: Formal training of doctors and nurses in contraceptive techniques started.
1970: On 1 April the National Council agreed that FPA clinics should be mandated to provide family planning advice irrespective of marital status.
1972: The National Health Service (Family Planning) Amendment Act empowered LHAs to provide free vasectomies.
1974: The long term aim of FPA was achieved when family planning was incorporated into the NHS under the NHS Reorganisation Act. This also amended the laws relating to Scotland.
From 1 April, all contraceptive advice and prescribed supplies provided by the NHS were free of charge irrespective of age or marital status.
The phased handover of over 1,000 FPA clinics and domiciliary services to the area health authorities (AHAs) began.
DHSS memorandum of guidance on provision of a comprehensive family planning service and specialist advice relating to the under-16s.
1975: GPs agreed to join the NHS family planning services from 1 July, in return for an item of service payment. This excluded the prescribing of condoms.
A memorandum of guidance was issued to Health and Social Services Boards (HSSB) in Northern Ireland. This stressed that a choice of sources of family planning advice should be available, and that people should be free to change their source and to attend clinics in another HSSB.
1976: AHAs became responsible for the medical family planning training of doctors and nurses (except in Glasgow).
1977: The National Health Service Act imposed a duty on the Secretary of State to ensure that a full range of contraceptive services was available, free of charge.
1978: The National Health Service ( Scotland) Act achieved the same ends in Scotland.
1980: DHSS issued revised guidelines on services for young people.
1983: Cuts in health service expenditure threatened family planning clinics and some areas suffered a reduction in services. Kenneth Clarke, Minister of Health, stressed the need to maintain a free contraceptive service.
1984: DHSS guidelines on provision of contraceptives to under-16s were suspended in December, following an Appeal Court ruling in favour of Mrs Victoria Gillick.
1985: The Appeal Court ruling was overturned by the House of Lords and the DHSS guidelines reinstated, although a full review was announced.
1986: DHSS guidelines regarding under-16s were revised.
1987: District health authority (DHA) cuts in clinic services and budgets reached a crisis point when further cuts were proposed.
The Northern Ireland DHSS reviewed its guidance on providing contraceptive services to young people and concluded that ‘there is no reason to suppose therefore that the decision in the Gillick case would not be followed by the Northern Ireland courts’.
1989-90: In a White Paper and in the NHS and Community Care Act 1990, responsibility for purchasing and providing services was separated. Large GP practices were also able to become fundholders.
1990: In June an Executive Letter to regional general managers stressed: ‘Government policy remains that people should be free to choose their source of contraceptive advice and that health authority family planning services complement, rather than duplicate, those which GPs provide’.
1991: An Executive Letter to regional and district general managers reminded them of their legal and policy obligations to provide a full range of contraceptive services free of charge, including male and female sterilisation.
Regional health authorities were asked by the Health Minister to review their family planning services.
1992: Government published guidelines for carrying out the review. The aim was that by 1994/5, the full range of NHS family planning services, however provided, should be appropriate, accessible and comprehensive.
1994: Following a review, a Government Advisory Committee announced that no current contraceptive product would be placed on the Selected List which limits the drugs that doctors are able to prescribe. However, contraception will remain a selected list category and could be reconsidered at any time in the future.
1997-99: The 1992 reports were superseded by various government documents on health strategy. Scotland set a national target for reducing teenage pregnancies and Northern Ireland for reducing teenage births.
1998: The Family Planning Association became FPA.
In preparation for Primary Care Groups (PCGs) taking on responsibility for services in April 1999, a Health Service Circular advised PCGs that any proposed changes to secondary care services such as family planning should first be discussed and agreed with both service providers and users.
2000: After a government review, the Medicines Act 1968 was amended to allow the supply or administration of a prescription-only medicine by a designated health professional in accordance with a patient group direction. This led to increased provision of emergency contraception by nurses and pharmacists.
2001: The national strategy for sexual health and HIV for England included contraceptive services and recommended three levels of provision within both primary care and specialist clinics. A similar strategy for Northern Ireland is being developed.
2002: Primary care trusts (PCTs) became responsible for planning and securing the provision of local health care and services in England. From 1 April, independent nurse prescribers throughout the UK who have completed specialist training were authorised to prescribe from the Nurse Prescribers’ Extended Formulary, which includes contraception and emergency contraception. Only England currently has a training programme, where there are also plans to include prescribing skills in pre-registration training in the future. The DH also initiated consultation on proposals for supplementary prescribing by nurses and pharmacists. Throughout the UK, this would allow prescribing as part of an agreed clinical management plan for an individual patient.
2008: The Medical Foundation for AIDS and Sexual Health (MedFASH) produced a review of progress in implementing the National Strategy for Sexual Health and HIV. The review called for renewed focus on prevention work and a more holistic approach to sexual health. The review recommended five priorities:
1) Prioritise sexual health as a public health issue
and sustain high level leadership at local,
regional and national levels
2) Build strategic partnerships
3) Commission for improved sexual health
4) Invest in prevention
5) Deliver modern sexual health services.
2010: The National Strategy for Sexual Health and HIV came to an end. The coalition government announced plans for a new sexual health policy document due by the end of 2011.
In conclusion, I would argue that this article is of strong validity as the organization is a well known one in the UK. However, the organization went into liquidation in May 2019. Because of this, I would argue that more up-to-date information has become available, which I shall source later in my research.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Saturday, 2 November 2019
RESEARCH: National Health Service (Family Planning) Act 1967 (1)
https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/relationships/collections1/parliament-and-the-1960s/national-health-service-family-planning-act/
This data is taken from the Parliament website - high reliability.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
This data is taken from the Parliament website - high reliability.
- Made contraception readily available through the NHS.
- Enabled local health authorities to provide advice to a much wider population.
- Previously was limited to women whose health was put at a risk by pregnancy.
- Edwin Brooks MP (via private members Bill).
- Identified social problem.
- Low income groups were at risk of economic struggle through having more children than they could afford.
- Same ear as Abortion Act.
- Passing of both Acts reflected society's changing attitudes towards sex - highlights the need for increased knowledge and conversation.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Wednesday, 30 October 2019
RESEARCH: Abortion Act 1937 (4)
https://www.telegraph.co.uk/women/life/helped-make-abortion-legal-but-50-years-still-fighting-stop-stigma/
Article published on 25th October 2017
"I helped make abortion legal - but 50 years on I am still fighting to stop the stigma."
The impact of the stigma of abortion is discussed in this article, as a woman reflects upon knowing someone who died from an abortion as she wakes up from receiving one.
Back then, abortion was still illegal in this country. Had she been found out, Munday could have been imprisoned for wilfully terminating her pregnancy.
Possibly due to the sexual revolution.
Compares the female reproductive stymie to the "Dark Ages".
Family planning clinics wanted to see a wedding ring before handing out contraception, and sex outside of marriage was taboo.
Backstreet abortions had become commonplace, carried out by unqualified persons, midwives, or doctors who had been struck off - although many women attempted their own.
Those who could afford it, would pay off medical professionals to agree that they needed an abortion on physical or mental health grounds, in which case it could be performed legally. After 1967, it became legal for any woman from any background to terminate a pregnancy, not just the most priviliged - although they still need the permission of two doctors.
BBC documentary, Abortion on Trial
At the end of the article, there is a message attached:
CORRECTION: The basis of this article's original headline ("My sons still can't forgive me for having an abortion") was a misreading of Diane Munday's comment that her sons were ashamed of her. This comment in fact related to her sons' attitude to the publicity surrounding her ongoing campaign to change abortion legislation, not to the fact of her 1961 termination. We are sorry for the misunderstanding.
This could argue that the validity of the article is questionable due to the reporting. For this, I can conclude that the article educated me in that of the social stigma and how this woman is still captaining and fighting for the Act.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published on 25th October 2017
"I helped make abortion legal - but 50 years on I am still fighting to stop the stigma."
The impact of the stigma of abortion is discussed in this article, as a woman reflects upon knowing someone who died from an abortion as she wakes up from receiving one.
Back then, abortion was still illegal in this country. Had she been found out, Munday could have been imprisoned for wilfully terminating her pregnancy.
Possibly due to the sexual revolution.
Compares the female reproductive stymie to the "Dark Ages".
Family planning clinics wanted to see a wedding ring before handing out contraception, and sex outside of marriage was taboo.
Backstreet abortions had become commonplace, carried out by unqualified persons, midwives, or doctors who had been struck off - although many women attempted their own.
Those who could afford it, would pay off medical professionals to agree that they needed an abortion on physical or mental health grounds, in which case it could be performed legally. After 1967, it became legal for any woman from any background to terminate a pregnancy, not just the most priviliged - although they still need the permission of two doctors.
BBC documentary, Abortion on Trial
At the end of the article, there is a message attached:
CORRECTION: The basis of this article's original headline ("My sons still can't forgive me for having an abortion") was a misreading of Diane Munday's comment that her sons were ashamed of her. This comment in fact related to her sons' attitude to the publicity surrounding her ongoing campaign to change abortion legislation, not to the fact of her 1961 termination. We are sorry for the misunderstanding.
This could argue that the validity of the article is questionable due to the reporting. For this, I can conclude that the article educated me in that of the social stigma and how this woman is still captaining and fighting for the Act.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Monday, 28 October 2019
RESEARCH: Abortion Act 1937 (3)
https://www.pewforum.org/2008/09/30/abortion-laws-around-the-world/
Article published on 30th September 2008
Abortion Laws Around the World
North America
Canada
Since 1988, when the Supreme Court of Canada ruled that existing abortion restrictions were unconstitutional, abortion has been legal for any reason at any stage of the pregnancy. Provincial health insurance plan cover the cost of abortions performed in hospitals but do not consistently provide funding for abortions performed in free-standing clinics.
Mexico
Varies from state to state. Some states allow abortion only in instances when the mother’s life or physical health is at stake, in pregnancies involving possible fetal abnormalities or in cases of rape. The Roman Catholic Church and abortion opponents challenged the new law in courts, but in August 2008 the Supreme Court voted to uphold the new law. Thousands of women reportedly have traveled to the nation’s capital to receive abortions since the change was enacted.
Latin America
Brazil
Abortion is legal in Brazil only in cases of rape or incest or when the mother’s life is in danger. Under federal regulation, hospitals require a formal determination that a pregnancy has resulted from rape or incest before performing an abortion. Many women in Brazil illegally use the drug Cytotec to induce miscarriage, and the government estimates that more than 200,000 Brazilian women are hospitalized annually as a result of botched abortions.
Chile
In 1967, the Chilean Health Code formally legalized abortion when it was necessary to save the mother’s life. The measure was reversed in 1989 by then-President Augusto Pinochet, who made abortion illegal in all circumstances. Pinochet’s law is still in effect. In late 2006, President Michelle Bachelet authorized government distribution of the morning-after contraception pill to women ages 14 and older; but in April 2008, Chile’s Constitutional Tribunal suspended the program.
Colombia
Abortion was illegal in all circumstances until May 2006, when Colombia’s highest court ruled that the procedure can be performed in cases in which the mother’s life or physical health is in danger, in cases of rape or incest, or in pregnancies involving fatal or life-threatening fetal abnormalities. This decision has been the object of strong protests by abortion opponents but remains in effect. On Aug. 25, 2006, the first legal abortion was performed on an 11-year-old girl who had been raped by her stepfather. According to the government, more than 300,000 illegal abortions are performed annually in Colombia, where abortion is the third leading cause of maternal mortality.
El Salvador
Abortion is illegal in El Salvador in all cases, even when doctors consider the procedure to be medically necessary. Moreover, the government vigorously enforces the ban.
Nicaragua
In October 2006, the Nicaraguan National Assembly effectively banned abortion in all circumstances after voting to disallow exceptions to its already restrictive abortion laws. Previously, abortion was legal only in cases of rape or cases in which three doctors agreed that the mother’s life was in danger. There were six legal abortions in 2002, the last year for which figures are available. Health experts estimate the number of illegal abortions in Nicaragua to be more than 30,000 a year.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published on 30th September 2008
Abortion Laws Around the World
North America
Canada
Since 1988, when the Supreme Court of Canada ruled that existing abortion restrictions were unconstitutional, abortion has been legal for any reason at any stage of the pregnancy. Provincial health insurance plan cover the cost of abortions performed in hospitals but do not consistently provide funding for abortions performed in free-standing clinics.
Mexico
Varies from state to state. Some states allow abortion only in instances when the mother’s life or physical health is at stake, in pregnancies involving possible fetal abnormalities or in cases of rape. The Roman Catholic Church and abortion opponents challenged the new law in courts, but in August 2008 the Supreme Court voted to uphold the new law. Thousands of women reportedly have traveled to the nation’s capital to receive abortions since the change was enacted.
Latin America
Brazil
Abortion is legal in Brazil only in cases of rape or incest or when the mother’s life is in danger. Under federal regulation, hospitals require a formal determination that a pregnancy has resulted from rape or incest before performing an abortion. Many women in Brazil illegally use the drug Cytotec to induce miscarriage, and the government estimates that more than 200,000 Brazilian women are hospitalized annually as a result of botched abortions.
Chile
In 1967, the Chilean Health Code formally legalized abortion when it was necessary to save the mother’s life. The measure was reversed in 1989 by then-President Augusto Pinochet, who made abortion illegal in all circumstances. Pinochet’s law is still in effect. In late 2006, President Michelle Bachelet authorized government distribution of the morning-after contraception pill to women ages 14 and older; but in April 2008, Chile’s Constitutional Tribunal suspended the program.
Colombia
Abortion was illegal in all circumstances until May 2006, when Colombia’s highest court ruled that the procedure can be performed in cases in which the mother’s life or physical health is in danger, in cases of rape or incest, or in pregnancies involving fatal or life-threatening fetal abnormalities. This decision has been the object of strong protests by abortion opponents but remains in effect. On Aug. 25, 2006, the first legal abortion was performed on an 11-year-old girl who had been raped by her stepfather. According to the government, more than 300,000 illegal abortions are performed annually in Colombia, where abortion is the third leading cause of maternal mortality.
El Salvador
Abortion is illegal in El Salvador in all cases, even when doctors consider the procedure to be medically necessary. Moreover, the government vigorously enforces the ban.
Nicaragua
In October 2006, the Nicaraguan National Assembly effectively banned abortion in all circumstances after voting to disallow exceptions to its already restrictive abortion laws. Previously, abortion was legal only in cases of rape or cases in which three doctors agreed that the mother’s life was in danger. There were six legal abortions in 2002, the last year for which figures are available. Health experts estimate the number of illegal abortions in Nicaragua to be more than 30,000 a year.
Western Europe
Germany
Although a 1995 law makes abortion illegal, neither doctors nor women are prosecuted if the mother is a victim of rape and the procedure is performed within 12 weeks of conception. A similar waiver exists in the first trimester for cases in which the mother has received counseling to encourage carrying her baby to term but still wants an abortion. After the first trimester, abortion is available only to preserve the life or mental or physical health of the mother. State insurance generally does not pay for the procedure except in cases of financial need.
Although a 1995 law makes abortion illegal, neither doctors nor women are prosecuted if the mother is a victim of rape and the procedure is performed within 12 weeks of conception. A similar waiver exists in the first trimester for cases in which the mother has received counseling to encourage carrying her baby to term but still wants an abortion. After the first trimester, abortion is available only to preserve the life or mental or physical health of the mother. State insurance generally does not pay for the procedure except in cases of financial need.
Great Britain
Abortion is freely available in Great Britain due to a broad interpretation of the Abortion Act of 1967, which permits abortion for a variety of reasons if certified by two physicians. Within the first 24 weeks of pregnancy, these reasons may include: to save the life of the mother, to protect her physical or mental health, to terminate pregnancies involving fetal abnormality, or for social or economic reasons. In cases in which the mother’s life or health is “gravely threatened” or there is significant risk for fetal abnormality, there is no time limit on when an abortion may be performed. Currently, the British Parliament is considering legislation that would eliminate the requirement of two doctors’ approval before an abortion can be performed. It is estimated that about 200,000 abortions are performed in Great Britain each year.
Abortion is freely available in Great Britain due to a broad interpretation of the Abortion Act of 1967, which permits abortion for a variety of reasons if certified by two physicians. Within the first 24 weeks of pregnancy, these reasons may include: to save the life of the mother, to protect her physical or mental health, to terminate pregnancies involving fetal abnormality, or for social or economic reasons. In cases in which the mother’s life or health is “gravely threatened” or there is significant risk for fetal abnormality, there is no time limit on when an abortion may be performed. Currently, the British Parliament is considering legislation that would eliminate the requirement of two doctors’ approval before an abortion can be performed. It is estimated that about 200,000 abortions are performed in Great Britain each year.
Greece
Since 1986, abortion has been freely available in Greece during the first 12 weeks of pregnancy. In cases involving a minor, or in instances of rape or incest, the procedure is legal through the 19th week of pregnancy. Abortions also can be obtained through the 24th week of pregnancy in cases of fetal abnormality. Despite liberal abortion laws, the advertising of abortion services is illegal.
Since 1986, abortion has been freely available in Greece during the first 12 weeks of pregnancy. In cases involving a minor, or in instances of rape or incest, the procedure is legal through the 19th week of pregnancy. Abortions also can be obtained through the 24th week of pregnancy in cases of fetal abnormality. Despite liberal abortion laws, the advertising of abortion services is illegal.
Ireland
The Offenses Against the Person Act of 1861 (originally enacted by the United Kingdom but parts of which are still active in Ireland) banned abortion in all circumstances. Later court decisions established an exception to save the mother’s life. In 1983, a constitutional amendment strengthened the country’s abortion restrictions by establishing a fetus’s right to life, equating it with a woman’s right to life. The lack of access to abortion garnered attention in 1992 when a 14-year-old rape victim sought to travel to Great Britain to terminate her pregnancy. She was permitted to travel to Great Britain for this purpose only after the Irish Supreme Court ruled that requiring the girl to have the child might lead her to commit suicide. According to experts, each year more than 7,000 Irish women travel to Great Britain to receive abortions.
The Offenses Against the Person Act of 1861 (originally enacted by the United Kingdom but parts of which are still active in Ireland) banned abortion in all circumstances. Later court decisions established an exception to save the mother’s life. In 1983, a constitutional amendment strengthened the country’s abortion restrictions by establishing a fetus’s right to life, equating it with a woman’s right to life. The lack of access to abortion garnered attention in 1992 when a 14-year-old rape victim sought to travel to Great Britain to terminate her pregnancy. She was permitted to travel to Great Britain for this purpose only after the Irish Supreme Court ruled that requiring the girl to have the child might lead her to commit suicide. According to experts, each year more than 7,000 Irish women travel to Great Britain to receive abortions.
Spain
Abortion law in Spain legalizes the procedure at any point during pregnancy in cases in which the mother’s life or physical or mental health is at risk. Abortion is also allowed within 12 weeks of pregnancy in cases of rape and within 22 weeks of pregnancy in cases of fetal impairment. In 1991, Spain’s high court set a case-by-case precedent for determining whether abortion could be sanctioned. In 2006, nearly 100,000 abortions reportedly were performed in Spain. Though the government will pay for an abortion, approximately 60% of women choose to pay for the procedure themselves for reasons of convenience and confidentiality. Recently, Spain’s abortion laws became highly politicized after church groups accused private clinics of performing illegal abortions in Barcelona and Madrid. While the country’s socialist party advocates for more liberal abortion laws, opponents argue that abortion is already too accessible.
Abortion law in Spain legalizes the procedure at any point during pregnancy in cases in which the mother’s life or physical or mental health is at risk. Abortion is also allowed within 12 weeks of pregnancy in cases of rape and within 22 weeks of pregnancy in cases of fetal impairment. In 1991, Spain’s high court set a case-by-case precedent for determining whether abortion could be sanctioned. In 2006, nearly 100,000 abortions reportedly were performed in Spain. Though the government will pay for an abortion, approximately 60% of women choose to pay for the procedure themselves for reasons of convenience and confidentiality. Recently, Spain’s abortion laws became highly politicized after church groups accused private clinics of performing illegal abortions in Barcelona and Madrid. While the country’s socialist party advocates for more liberal abortion laws, opponents argue that abortion is already too accessible.
Sweden
Since 1974, abortion has been legal in Sweden in all circumstances within the first 18 weeks of pregnancy. After this point, abortions are only permissible to save the life or physical health of the mother, or if approval is granted by the National Board of Health and Welfare. To date, abortion has not been a politically controversial issue in Sweden.
Since 1974, abortion has been legal in Sweden in all circumstances within the first 18 weeks of pregnancy. After this point, abortions are only permissible to save the life or physical health of the mother, or if approval is granted by the National Board of Health and Welfare. To date, abortion has not been a politically controversial issue in Sweden.
Eastern Europe
Latvia
In 1955, when Latvia was part of the Soviet Union, abortion became freely available during the first trimester of pregnancy. In 1982, it was legalized within the first 28 weeks of pregnancy when required for broad health reasons. Five years later, abortions within the first 28 weeks were legalized for certain nonmedical reasons, including imprisonment of the mother, imprisonment of her husband, or divorce or rape. Under the same 1987 law, abortion in other cases is sanctioned if approved by a medical commission.
Poland
According to a law passed in 1993, abortion is legal in Poland throughout pregnancy to preserve the life or physical health the mother. During the first 12 weeks of pregnancy, abortion is also allowed in circumstances of rape, incest or fetal abnormality. In March 2007, the Council of Europe ordered Poland to compensate a Polish woman who had suffered a retinal hemorrhage after being denied an abortion despite doctors’ knowledge that carrying the baby to term would jeopardize her health. One month later, the Polish parliament rejected a constitutional amendment that would protect the “right to life from the moment of conception.” The Council of Europe has ordered all 46 member states, including Poland, to ensure that abortions are available in countries where they are legal.
According to a law passed in 1993, abortion is legal in Poland throughout pregnancy to preserve the life or physical health the mother. During the first 12 weeks of pregnancy, abortion is also allowed in circumstances of rape, incest or fetal abnormality. In March 2007, the Council of Europe ordered Poland to compensate a Polish woman who had suffered a retinal hemorrhage after being denied an abortion despite doctors’ knowledge that carrying the baby to term would jeopardize her health. One month later, the Polish parliament rejected a constitutional amendment that would protect the “right to life from the moment of conception.” The Council of Europe has ordered all 46 member states, including Poland, to ensure that abortions are available in countries where they are legal.
Russia
Russia reportedly leads the world in the total number of abortions performed each year, which currently exceeds the country’s annual number of live births. Abortion is freely available during the first 12 weeks of gestation as well as at any point during the pregnancy in cases involving a risk to the life or health of the mother or severe fetal abnormalities. Since 2003, abortion has also been legal between the 12th and 22nd weeks of pregnancy on certain social grounds, including imprisonment, rape, or spousal disability or death.
Russia reportedly leads the world in the total number of abortions performed each year, which currently exceeds the country’s annual number of live births. Abortion is freely available during the first 12 weeks of gestation as well as at any point during the pregnancy in cases involving a risk to the life or health of the mother or severe fetal abnormalities. Since 2003, abortion has also been legal between the 12th and 22nd weeks of pregnancy on certain social grounds, including imprisonment, rape, or spousal disability or death.
Slovenia
Slovenia’s abortion laws stem from a statute enacted in the former Yugoslavia in 1977 that made abortion available through 10 weeks into a pregnancy. Abortion was also allowed in cases that threatened the mother’s life or cases that involved severe fetal abnormalities. The 1977 law is still in effect, and abortions are free under Slovenia’s health care system. In 2006, abortion came under the national spotlight when the minister of labor, family and social affairs, as part of a broader push to increase the country’s declining birth rate, proposed that the government subsidize only those abortions that were medically necessary to save the life of the mother. The minister was promptly asked to resign and the proposal was dropped.
Slovenia’s abortion laws stem from a statute enacted in the former Yugoslavia in 1977 that made abortion available through 10 weeks into a pregnancy. Abortion was also allowed in cases that threatened the mother’s life or cases that involved severe fetal abnormalities. The 1977 law is still in effect, and abortions are free under Slovenia’s health care system. In 2006, abortion came under the national spotlight when the minister of labor, family and social affairs, as part of a broader push to increase the country’s declining birth rate, proposed that the government subsidize only those abortions that were medically necessary to save the life of the mother. The minister was promptly asked to resign and the proposal was dropped.
Africa
Nigeria
Abortion is legal in Nigeria only to preserve the mother’s life, but health specialists report that large numbers of procedures are performed both in the predominately Christian South and the predominately Muslim North. In 2008, the Society of Gynecology and Obstetrics of Nigeria reported that 11% of maternal deaths in Nigeria are caused by unsafe abortions.
Abortion is legal in Nigeria only to preserve the mother’s life, but health specialists report that large numbers of procedures are performed both in the predominately Christian South and the predominately Muslim North. In 2008, the Society of Gynecology and Obstetrics of Nigeria reported that 11% of maternal deaths in Nigeria are caused by unsafe abortions.
Senegal
Legislation based on an 1810 penal code makes abortion illegal in Senegal except to save the mother’s life. For a woman to qualify for an abortion, two physicians must concur that her life is in danger and one of these physicians must be on a court-approved list. These restrictions have attracted the attention of the U.N. Committee on Economic, Social and Cultural Rights, which has expressed concern over the health risks posed to women by the lack of access to legal abortions.
Legislation based on an 1810 penal code makes abortion illegal in Senegal except to save the mother’s life. For a woman to qualify for an abortion, two physicians must concur that her life is in danger and one of these physicians must be on a court-approved list. These restrictions have attracted the attention of the U.N. Committee on Economic, Social and Cultural Rights, which has expressed concern over the health risks posed to women by the lack of access to legal abortions.
South Africa
Since 1996, abortion has been available without restrictions in South Africa within the first trimester of pregnancy if the mother’s physical or mental health is at risk, if the pregnancy compromises the mother’s social or economic situation, or if the pregnancy resulted from rape or incest. After the 20th week of pregnancy, abortion is available if the life of the mother or health of the fetus is at risk. In early 2008, the South African Parliament voted to relax abortion restrictions even further, establishing 24-hour abortion facilities and allowing nurses – not just midwives and doctors – to carry out the procedure. President Thabo Mbeki had yet to sign the bill into law when he resigned in September 2008.
Since 1996, abortion has been available without restrictions in South Africa within the first trimester of pregnancy if the mother’s physical or mental health is at risk, if the pregnancy compromises the mother’s social or economic situation, or if the pregnancy resulted from rape or incest. After the 20th week of pregnancy, abortion is available if the life of the mother or health of the fetus is at risk. In early 2008, the South African Parliament voted to relax abortion restrictions even further, establishing 24-hour abortion facilities and allowing nurses – not just midwives and doctors – to carry out the procedure. President Thabo Mbeki had yet to sign the bill into law when he resigned in September 2008.
Zimbabwe
The country’s abortion law was changed in 1977 to allow the procedure when the mother’s physical health is at risk, when the pregnancy is a result of “unlawful intercourse” such as rape or incest, when the fetus is at risk for physical or mental defects, or when the mother’s life is endangered. Formal authorization and certification is required in all of these circumstances, a process that some abortion rights advocates say drives many women to seek illegal abortions.
The country’s abortion law was changed in 1977 to allow the procedure when the mother’s physical health is at risk, when the pregnancy is a result of “unlawful intercourse” such as rape or incest, when the fetus is at risk for physical or mental defects, or when the mother’s life is endangered. Formal authorization and certification is required in all of these circumstances, a process that some abortion rights advocates say drives many women to seek illegal abortions.
Middle East
Tunisia
Compared with other Muslim countries, Tunisia has very liberal abortion policies. Abortions are available during the first trimester and after 12 weeks when the mother’s physical or mental health is at risk and in cases of fetal abnormalities; however, in more traditional communities, doctors may be less willing to perform abortions in situations that are considered taboo, such as pregnancies resulting from extramarital affairs or premarital sex. As a result, women often resort to illegal abortions.
Compared with other Muslim countries, Tunisia has very liberal abortion policies. Abortions are available during the first trimester and after 12 weeks when the mother’s physical or mental health is at risk and in cases of fetal abnormalities; however, in more traditional communities, doctors may be less willing to perform abortions in situations that are considered taboo, such as pregnancies resulting from extramarital affairs or premarital sex. As a result, women often resort to illegal abortions.
Egypt
The Egyptian Penal Code of 1937 bans abortion in all circumstances, but criminal law allows flexibility on grounds of “necessity.” Physicians rely on that principle to justify performing an abortion when they believe the mother’s life or health is in danger or in cases of fetal abnormality. A committee of physicians must agree that the abortion is acceptable within the confines of the law.
The Egyptian Penal Code of 1937 bans abortion in all circumstances, but criminal law allows flexibility on grounds of “necessity.” Physicians rely on that principle to justify performing an abortion when they believe the mother’s life or health is in danger or in cases of fetal abnormality. A committee of physicians must agree that the abortion is acceptable within the confines of the law.
Iran
Abortion has been illegal in Iran since the 1979 Islamic Revolution. Although there are no explicit exceptions to this prohibition, Iranian law generally allows acts that are performed to save the life of a person; thus, it is commonly understood that abortion is illegal except when necessary to save the mother’s life. In 2005, the Iranian parliament passed a measure allowing abortions within the first four months of pregnancy in cases of fetal impairment that would result in economic burden; the measure was ultimately blocked by the Iranian Guardian Council.
Abortion has been illegal in Iran since the 1979 Islamic Revolution. Although there are no explicit exceptions to this prohibition, Iranian law generally allows acts that are performed to save the life of a person; thus, it is commonly understood that abortion is illegal except when necessary to save the mother’s life. In 2005, the Iranian parliament passed a measure allowing abortions within the first four months of pregnancy in cases of fetal impairment that would result in economic burden; the measure was ultimately blocked by the Iranian Guardian Council.
Israel
A 1977 law made abortion legal in Israel to save the mother’s life or to preserve her mental or physical health. Abortion is also allowed in cases of rape, incest or fetal impairment, as well as in cases involving a wide range of difficult social circumstances. In 1979, those social circumstances were eliminated as an explicit reason for abortion, but leniency within the law still exists. For instance, being unmarried or being under the age of 17 or over the age of 40 constitutes a social circumstance in which an abortion is allowed. All abortions must be authorized by a medical committee composed of a social worker and two physicians.
A 1977 law made abortion legal in Israel to save the mother’s life or to preserve her mental or physical health. Abortion is also allowed in cases of rape, incest or fetal impairment, as well as in cases involving a wide range of difficult social circumstances. In 1979, those social circumstances were eliminated as an explicit reason for abortion, but leniency within the law still exists. For instance, being unmarried or being under the age of 17 or over the age of 40 constitutes a social circumstance in which an abortion is allowed. All abortions must be authorized by a medical committee composed of a social worker and two physicians.
Turkey
A 1983 law makes abortion legal in Turkey in all circumstances within 10 weeks of pregnancy. After 10 weeks, abortion is legal if the mother’s life is at risk, if her physical or mental health is in danger or if her pregnancy involves fetal abnormalities. Parental- and spousal-consent requirements are in effect, but they can be waived if the risk to the mother’s life constitutes an immediate danger.
A 1983 law makes abortion legal in Turkey in all circumstances within 10 weeks of pregnancy. After 10 weeks, abortion is legal if the mother’s life is at risk, if her physical or mental health is in danger or if her pregnancy involves fetal abnormalities. Parental- and spousal-consent requirements are in effect, but they can be waived if the risk to the mother’s life constitutes an immediate danger.
Asia
China
Abortion is virtually freely available in China, and there are no defined time limits for access to the procedure. Although sex-selective abortion is prohibited, critics say that China’s one-child-per-family policy encourages the widespread abortion of female fetuses by couples intent on having a son. Today in China there are an estimated 120 boys born for every 100 girls. Human-rights groups have long accused the Chinese government of condoning mandatory abortions as a means of controlling population growth. The practice is believed to be less common today than it was in the 1980s and early 1990s, when the one-child policy was more strictly enforced.
Abortion is virtually freely available in China, and there are no defined time limits for access to the procedure. Although sex-selective abortion is prohibited, critics say that China’s one-child-per-family policy encourages the widespread abortion of female fetuses by couples intent on having a son. Today in China there are an estimated 120 boys born for every 100 girls. Human-rights groups have long accused the Chinese government of condoning mandatory abortions as a means of controlling population growth. The practice is believed to be less common today than it was in the 1980s and early 1990s, when the one-child policy was more strictly enforced.
India
Abortion is available in India during the first 20 weeks of pregnancy in cases in which the mother’s life or physical or mental health is at risk, in cases of rape or fetal abnormality, or for social or economic reasons. However, to obtain an abortion between the 12th and 20th weeks of pregnancy, two medical practitioners must agree that the procedure is necessary. In 1994, to combat sex-selective abortion of female fetuses, the Indian government outlawed the practice of using prenatal testing to reveal the sex of the child. But such abortions are still widely practiced and rarely prosecuted.
Abortion is available in India during the first 20 weeks of pregnancy in cases in which the mother’s life or physical or mental health is at risk, in cases of rape or fetal abnormality, or for social or economic reasons. However, to obtain an abortion between the 12th and 20th weeks of pregnancy, two medical practitioners must agree that the procedure is necessary. In 1994, to combat sex-selective abortion of female fetuses, the Indian government outlawed the practice of using prenatal testing to reveal the sex of the child. But such abortions are still widely practiced and rarely prosecuted.
Japan
Japan’s Eugenic Protection Law, passed in 1948, promoted liberal policies on abortion and sterilization with the intent of fostering a genetically healthy population. In 1996, new legislation omitted all references to eugenics and established regulations making abortion legal within the first 24 weeks of pregnancy to save the mother’s life or to protect her physical health. Abortion is also allowed in cases of rape and for economic or social reasons.
Japan’s Eugenic Protection Law, passed in 1948, promoted liberal policies on abortion and sterilization with the intent of fostering a genetically healthy population. In 1996, new legislation omitted all references to eugenics and established regulations making abortion legal within the first 24 weeks of pregnancy to save the mother’s life or to protect her physical health. Abortion is also allowed in cases of rape and for economic or social reasons.
Philippines
Abortion has been illegal in the Philippines since 1930, when it was first criminalized. The only acceptable reason for an abortion is when the mother’s life is in danger, in which case permission for the abortion must be obtained from a board of medical professionals. The 1975 Child and Youth Welfare Code established that a person has inherent dignity from the moment of conception. The Constitution of 1987 reinforces this ruling, requiring that the state “equally protect the life of the mother and the life of the unborn from conception.”
In conclusion, this article helped me to gain an understanding of the social context around the world of different countries using a similar law.Abortion has been illegal in the Philippines since 1930, when it was first criminalized. The only acceptable reason for an abortion is when the mother’s life is in danger, in which case permission for the abortion must be obtained from a board of medical professionals. The 1975 Child and Youth Welfare Code established that a person has inherent dignity from the moment of conception. The Constitution of 1987 reinforces this ruling, requiring that the state “equally protect the life of the mother and the life of the unborn from conception.”
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Saturday, 26 October 2019
RESEARCH: Abortion Act 1937 (2)
https://www.abortionrights.org.uk/history-of-abortion-law-in-the-uk/
The first reference to abortion in English law appeared in the 13th century. The law followed the Church teaching that abortion was acceptable until "quickening", which was believed that that was when the soul entered the foetus.
Legal situation remained like this for centuries.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
The first reference to abortion in English law appeared in the 13th century. The law followed the Church teaching that abortion was acceptable until "quickening", which was believed that that was when the soul entered the foetus.
Legal situation remained like this for centuries.
- 1803: The Act - abortion after "quickening" (i.e. the movement is felt at 16-20 weeks) carried the death penalty. Previous punishment was less severe.
- 1837: The Ellenborough Act was amended to remove the distinction between abortion before and after quickening.
- 1861: The Offences Against the Person Act - performing an abortion or trying to self-abort carried the sentence of life imprisonment.
- 1929: Infant Life Preservation Act - created a new crime of killing a viable foetus (at that time it was fixed at 28 weeks) in all cases except when the woman's life was at risk. However, it want clear whether it would be legal to terminate for the same reason before 28 weeks.
- 1923-1933: Fifteen per cent of maternal deaths were due to illegal abortion.
- 1936: The Abortion Law Reform Association (ALRA) was established - its aim was to campaign for the legalisation of abortion.
- 1938: Dr Alex Bourne was acquitted of having performed an illegal abortion. (set a case-law precedent)
- 1939: The Brickett Committee, which had been set up by the Government, recommended clarification that doctors could perform an abortion to save a woman's life. WW2 mean that the implementation of its findings where delayed.
- 1952-1961: ALRA campaigned unsuccessfully for bills to legalise abortion. Support for the reform grows.
- 1967: The Abortion Act (sponsored by David Steel, MP) became law, legalising abortion under certain conditions.
- 1975: The National Abortion Campaign (NAC) was established to protect the 1967 Act and camp gained for its improvements.
- 1990: The Human Fertilisation and Embryology Bill introduced specific time-limits on abortions.
- 2003: NAC and ALRA merged to form Abortion Rights.
In conclusion, this article was very useful as it set out a timeline of how abortion came to what it is today. This article may be biased as the article is from a "pro-choice" website.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Thursday, 24 October 2019
RESERCH: Abortion Act 1967 (1)
https://jme.bmj.com/content/27/suppl_2/ii33
Article published on 1st October 2001
Introduction
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published on 1st October 2001
Introduction
- Came into effect on 27th of April 1967.
- Permits the termination of a pregnancy by a registered practitioner (under certain conditions)
- Application in England and Wales.
- Regulations under The Abortion Regulations 1968 - requires any such termination to be notified within seven days, to the Chief Medical Officer to the Department of Health or to the Chief Medical Officer of the Welsh Officer.
- Section 37 of the Human Fertilisation and Embryology Act 1990 made changes to the Abortion Act 1967.
Conditions of the Act and statutory grounds
A legally induced abortion must be:
- performed by a registered medical practitioner.
- performed, except in an emergency, in a NHS hospital or in a place for the time being approved for the purpose of the Act.
- certified by two registered medical practitioners, as justified under one or more of the following grounds:
- the continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated.
- the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman.
- the continuance of the pregnancy would involve risk, greater to the life of the pregnant woman greater than if the pregnancy were terminated.
- the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman.
- the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman.
- the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, or injury to the physical or mental of any existing child(ren) of the family of the pregnant woman.
- there is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped; or in emergency, certified by the operating practitioner as immediately necessary.
- to save the life of the pregnant woman.
- to prevent grave permanent injury to the physical or mental health of the pregnant woman.
The Act provides that in relation to grounds C and D the certifying practitioner may take account of the pregnant woman's actual or reasonably foreseeable environment.
Changes made after the Abortion Act 1937 by section 37 of the Human Fertilisation and Embryology Act 1990.
Category of premises/purchaser
Expect in emergencies, abortion operations may only be carried out in NHS hospitals, in certain approved services' hospitals or in the other premises specifically approved by the secretary of state. (e.g: clinics run by the British Pregnancy Advisory Service (BPAS)).
Abortion statistics
In 1991, there were 173,701 abortions performed on women resident in England and Wales.
How the number and rate of abortions has changed
- From 1968 to 1973, the annual number of legal abortions increased rapidly then levelled off to 100,000 a year.
- Abortion numbers then rose each year until 1991, mainly because the numbers the numbers of women in the population aged 15 to 44 grew due to a large increase in the birth rate in Britain between 1956 and 1963.
- More abortions between 1975 and 1990 because there were more women to become pregnant.
- Number of abortions remain stable between 1998 and 1999.
- reasons from new stability could be due to abortion becoming a more acceptable solution than ever before when contraception fails or has been used incorrectly.
Numbers and rates of abortions carried out on residents of England and Wales for the last five years:
- 1995: 154,315 or 12.0 per 1000 women aged 14-49.
- 1996: 167,916 or 13.0 per 1000 women aged 14-49.
- 1997: 170,15 or 13.3 per 1000 women aged 14-49.
- 1998: 177,871 or 13.9 per 1000 women aged 14-49.
- 1999: 173,701 or 13.6 per 1000 women aged 14-49.
Number of abortions declined between 1990 and 1995 - possibly better use of contraception.
Who pays for abortions?
- Abortions are not automatically available through the NHS.
- On average, the NHS pays for just under three quarters (74%) of abortions in England and Wales.
- Significant differences between regions.
At what gestation do most abortions occur?
Almost 90% of abortions are in the first 12 weeks of pregnancy. Just 1% are after 20 weeks.
Abortions in England and Wales in 1999 by gestation (total 173,701):
- under 9 weeks: 73,882 or 43%
- 9-12 weeks: 80,800 or 46%
- 13-19 weeks: 17,274 or 10%
- 20 weeks and over: 1,745 or 1%
Later abortions may be due to:
- the woman not being able to get a hospital appointment earlier in the pregnancy.
- the woman may not have realised the they were pregnant.
- very young women may feel unable to cope and so hide the pregnancy.
- sometimes the pregnancy was originally wanted but the woman's circumstances change.
- fetal abnormality is an important reason for late abortions, as many cannot be diagnosed early in pregnancy.
At what age do people have abortions?
Abortions in England and Wales 1999 by age (totally 173,701):
- under 16: 3,603 or 2%
- 16-19: 32,807 or 19%
- 20-24: 45,004 or 26%
- 25-29: 38,492 or 22%
- 30-34: 29,139 or 16%
- 35-44: 24,096 or 14%
- 45 and over: 502
- not stated: 58
Why do women from abroad travel to Britain for abortion?
In 1999, almost 100,000 women who lived abroad travelled to England to have an abortion.
Most of these women come from the British Isles, mainly Northern Ireland (1,430) and the Irish republic (6,226).
Those from elsewhere in the world come to Britain because abortion is only available in their countries, until 12 weeks (France and Italy), or not available at all (Arab States).
The numbers have fallen from their peak of 57,000 in 1973 because most of the other European countries now have abortion laws that are less restrictive than those in Britain.
In conclusion, I found this source very interesting as it breaks down the key elements of the Act, and also the impact of the wider world. However, this source is a journal, and so someone has written it for assessment purposes. It was also published in 2001, arguably making it outdated. The journal is also from a medical view point, not legal, which I shall consider.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Tuesday, 22 October 2019
RESEARCH: Martrimonial Causes Act 1937 (4)
https://vardags.com/family-law/the-history-of-our-grounds-for-divorce
Article published on 17th May 2016
The History of Our Grounds for Divorce
In the English law, there is only one 'ground' for divorce - "irretrievable breakdown of a marriage" - but there are five 'facts' that can constitute this:
The law has changed a little in the past eighty years. What was then 'desertion' has since been divided into three distinct facts, while ‘cruelty’ is now the broader ’unreasonable behaviour’. 'Incurable insanity’ was removed completely as mental health came to be better understood.
In conclusion, I found this article valid as it was written from a top legal firm in the Uk, that specialise in divorce and family matters.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Article published on 17th May 2016
The History of Our Grounds for Divorce
In the English law, there is only one 'ground' for divorce - "irretrievable breakdown of a marriage" - but there are five 'facts' that can constitute this:
- Adultery
- Unreasonable behaviour
- Desertion
- Living apart for two years WITH the spouse's consent to divorce
- Living apart for five years WITHOUT the spouse's consent to divorce
The Royal Commission, and a Union of Suffragist Societies influenced these five 'facts'.
Before the five 'facts':
- The only way men could get out of a marriage was to prove adultery.
- Even harder for women, who had to prove adultery and additional offences (e.g. incest, sodomy, cruelty - which would become known as domestic violence)
A Royal Commission suggested broadening the grounds for divorce - nothing was done.
Over the following years, the support for broadening the grounds for divorce began to grow, slowly.
The biggest catalyst to public opinion, however, came in 1934 with the publication of the bestselling Holy Deadlock, a satirical novel by A. P. Herbert, which shed light on the inequalities and absurdities of divorce law at the time.
- Herbert took the vacant seat in the House of Commons, a year later.
- Drafted Private Member's Bill, which proposed that 'adultery' be joined by 'cruelty', 'desertion without cause' and 'incurable insanity'.
The Bill was largely ignored for two years.
The law has changed a little in the past eighty years. What was then 'desertion' has since been divided into three distinct facts, while ‘cruelty’ is now the broader ’unreasonable behaviour’. 'Incurable insanity’ was removed completely as mental health came to be better understood.
In conclusion, I found this article valid as it was written from a top legal firm in the Uk, that specialise in divorce and family matters.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Sunday, 20 October 2019
RESEARCH: Matrimonial Causes Act 1937 (3)
https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/relationships/overview/wedlock-or-deadlock/
Matrimonial Causes Act 1937
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Matrimonial Causes Act 1937
- 1937 - law was changed by this Act, which Herbert has=d introduced as a Private Members' Bill.
- Extended grounds for divorce to include desertion for over three years, cruelty and incurable insanity.
- Herbert's Act led to a significant increase in the annual number of divorces.
- Process is still expensive.
1969 Divorce Reform Act
- Followed recommendations for reform by the Law Commission.
- Made martial breakdown a reason for divorce.
- Removes necessity for either partner to rove the other at fault in order to end the marriage.
Domestic Violence and Matrimonial Proceedings Act 1976
- Further campaigning by the women's movement achieved further change in the 1976 Domestic Violence and Matrimonial Proceedings Act.
- This provided legal protection to female victims of domestic violence.
In conclusion, I believe this article to be credible as it is from the Parliament's website.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
Friday, 18 October 2019
RESEARCH: Matrimonial Causes Act 1937 (2)
- 1700-1857: Parliament passes 314 Private Acts of Parliament for divorce.
- 1753 - Marriage Act: All marriages to take place in a church or chapel of the Church of England.
- 1836 - Marriage Act: Allows religious nonconformists and catholics to marry in their own places of worship.
- 1839 - Custody of Infants Act: Allowed mothers to petition for custody of their children up to the age of seven.
- 1857 - Matrimonial Causes Act: Divorce proceedings transferred from Parliament to a court of law.
- 1861 - Offences Against the Person Act
- 1864, 1866, 1869 - Contagious Diseases Act: Impose controls against prostitution, but are later repealed.
- 1870 - Married Women's Property Act: Declares money and property earned by a woman in marriage is her own.
- 1873 - Infant Custody Act: States that custody must depend on needs of children.
- 1878 - Matrimonial Causes Act: Allows women victims of violence in marriage to obtain separation orders.
- 1882 - Women's Property Act: Allows women to have absolute control over their own money and property.
- 1885 - Criminal Law Amendment Act: Aims to protect young women from vice.
- 1908 - Incest Act: Defines incest as a crime.
- 1909-1910 - Royal Commission on Marriage and Divorce
- 1923 - Matrimonial Causes Act: Makes adultery by either husband or wife the sole ground for divorce.
- 1925 - Summary Jurisdiction (separation and Maintenance) Act: Extends grounds on which either married partner could obtain separation.
- 1926 - Legitimacy Act: Allows children to be legitimated by subsequent marriage of their parents.
- 1926 - Adoption Act: Introduces tighter regulations in adoption procedures.
- 1954-1957 - Wolfenden Committee: Reviews laws against homosexual activity and prosecution.
- 1959 - Street Offences Act: Stricter control on street prosecution.
- 1959 - Legitimacy Act: Extends right to legitimacy.
- 1967 - Sexual Offences Act (England and Wales): Allows homosexual acts in private between men over the age of 21.
- 1969 - Divorce Reform Act: Martial breakdown accepted as grounds for divorce.
- 1976 - Domestic Violence and Matrimonial Proceedings Act
- 1976 - Adoption Act: allows adopted children access to their original birth certificates.
- 1987 - Family Law Reform Act: Removes all remaining distinctions between children born to married and unmarried parents.
- 1994 - Criminal Justice and Public Order Act: lowered the age of consent for gay men from 21 to 18; in 2001, it was lowered to 16.
- 2004 - Civil Partnership Act: Gave same sex couples the same legal rights and responsibilities as married heterosexual couples.
- 2013 - Marriage (Same Sex Couples) Act: In 2013, Parliament passed this Act, which introduced civil marriage for same-sex couples in England and Wales. The first same-sex marriages in England and Wales took place in March 2014.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
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