Police in the United Kingdom are using data from period tracking apps and mass spectrometry tests conducted on blood, placenta, and urine to investigate patients who have had “unexplained” miscarriages.

Though abortion is legal in the UK, there are TRAP laws in place requiring certain conditions to be met first, paramount of which is that two separate doctors need to agree that the patient meets the criteria of the 1967 Abortion Act before any treatment can go ahead. Self-managed abortion is a criminal offense with a maximum sentence of life imprisonment in the UK, as is any abortion performed after the pregnancy has progressed passed 23 weeks and six days, unless the patient is at risk of serious physical harm or death, or the fetus has severe developmental anomalies.

  • Urist@lemmy.blahaj.zone
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    1 year ago

    Self-managed abortion is a criminal offense with a maximum sentence of life imprisonment in the UK

    So… the punishment for doing something dangerous is life in prison? Someone who is administering an abortion themselves is desperate and probably not aware of services available to them. They’re the most vulnerable in society; someone your government should be helping and protecting.

    Further, this opens every single women who has had a miscarriage up to scrutiny. I don’t know if anyone has been jailed for miscarrying in the UK, but it happens in the US through similar laws, and it is tragic and barbaric.

    From the article:

    Although some involved women who were arrested for things such as falling down, or giving birth at home, the vast majority involved drugs, and women of colour were overrepresented.

    Here’s a particularly egregious example (This woman attempted to commit suicide by rat poison and survived, her baby did not).

    While I agree you probably shouldn’t use drugs while pregnant, obviously this won’t stop someone with an addiction. It just causes further harm to marginalized people to criminalize this stuff. These laws are used to hurt the poor and the addicted, and social services are better spent preventing these sort of things instead of punitive action.

    • barsoap@lemm.ee
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      1 year ago

      Life is nuts, over here in Germany the maximum for the woman is one year or fine. I don’t think there’s actually been a case like that and if there was judges would find every mitigating circumstance they possibly could. I mean German courts regularly acquit women who kill their child within the first days of its life by ruling temporary insanity, they’re not known to not be understanding when people face exceptional circumstances they had no way to prepare themselves for.

      It’s gotta be on the books though as the availability of punishment-free at-will abortions hinges on the managed procedure in the first place, the state’s constitutional duty to protect life requires it to minimise the number of abortions and welfare and said procedure (counselling where you’ll be told about all those welfare programs, three days cooldown) as well as absolutely zero demand for or providers of back-alley abortions is the way it’s done (providers, btw, face up to three years, six months to five years if against the will of the woman or putting her in danger)

      It’s kinda "but I would have gotten the building permit anyway, I’m legally entitled to get one!’ – “but you still got to apply for it” territory. Life, as said, is a nuts punishment for that kind of thing.

      On the flipside authorities still might want to investigate miscarriages simply to make sure that noone else slipped the woman something.

      • Urist@lemmy.blahaj.zone
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        1 year ago

        state’s constitutional duty to protect life requires it to minimise the number of abortions

        The state would find it’s money better spent through education and access to contraception, and opportunities for women.

        I will also point out that fetuses are not people, so you are not protecting life by minimizing abortions by restricting abortions directly. If you are unsure of whether you feel if a fetus is a person or not, consider a hypothetical example: Consider a woman who has been told that they would be unable to carry a child to term. She conceives anyway, hoping the doctor is wrong. She endures multiple miscarriages against the advice of her doctor. Is she also a murderer?

        three days cooldown

        These laws are written by people who cannot even imagine the lives that these women live. A cooldown period means multiple trips to the doctor. It means taking at least 2 days off work. It means finding child care and transportation for not just one day, but two. It also means obtaining the procedure is harder to hide, if she’s in a situation where she needs to do that. It’s incredibly burdensome and paternalistic.

        It’s kinda "but I would have gotten the building permit anyway, I’m legally entitled to get one!’

        I am not going to make any judgement of your character or insult you in any way. However, I do need to say this: comparing a woman’s control over her own body to needing to obtain a building permit is DEEPLY REPULSIVE.

        Does Germany also criminalize self harm (cutting)? Overeating? Recklessly engaging in sports without protective equipment? Should we not also give out fines and force people in front of judges for these activities?

        No threat of law will stop back-alley abortions. These women are already knowingly risking their lives when they do this outside of the medical system. They would risk death. That is what it means to them.

        • barsoap@lemm.ee
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          1 year ago

          The state would find it’s money better spent through education and access to contraception, and opportunities for women.

          All those, and more, are being done.

          I will also point out that fetuses are not people

          The right to life starts at nidation as that’s when nature choses to attempt to bring a particular life to fruit, go argue with the constitutional court (you can safely skip everything from after the guiding principles to section C, that’s the main reasoning the rest is context). Human dignity extends even further, protecting e.g. against bullshit pre-implementation diagnostics.

          “X is not a person” is a rather weak argument in general. As that’s the US reasoning I’ll point you towards various adult people that the US has, in the past, not considered persons. That kind of reasoning is absolutely incompatible with the German constitution and the time frames Roe vs. Wade use to decide whether someone is a person or not are absolutely arbitrary: A foetus develops as, not to, a human.

          Is she also a murderer?

          Completely bullshit argument. Consider that she’s lost in a desert with her kid without water, she carries it back to safety but it doesn’t survive the trip. Is she a murderer?

          A cooldown period means multiple trips to the doctor. It means taking at least 2 days off work.

          You can’t get counselling at the same place you get the abortion, conflict of interest. Also why would you take days off, counselling doesn’t take longer than shopping (make an appointment!), don’t you have weekends also why would taking a day off be an issue.

          Does Germany also criminalize self harm (cutting)? Overeating? Recklessly engaging in sports without protective equipment? Should we not also give out fines and force people in front of judges for these activities?

          None of those involve another person.

          No threat of law will stop back-alley abortions.

          Indeed, threat of punishment can’t do that. That’s why there’s a flurry of social programmes and decriminalised abortions available. Believe it or not but back-alley abortions aren’t a thing there, and neither is forbidding women to use highways to get to an appointment.


          Generally speaking the whole thing is 99.99% uncontroversial in Germany. There’s occasionally talk about details, e.g. Bavaria not getting its shit together when it comes to making sure that enough gynecologists provide abortions, but nothing that rocks the core foundations of the whole thing.

    • Aux@lemmy.world
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      1 year ago

      There’s no point looking at the US for examples. UK is a different country and works differently. You are reminding me of some pro guns Americans, who say that since guns are banned in the UK (they are not, they are controlled) we have stabbings all day long, while in reality there are more stabbings per capita in the US. Or another common example of Americans thinking that self defence is illegal here and if you kill a burglar you’ll go to jail. While in reality there will be a proper hearing in the court and you’ll walk free because you were using reasonable force to protect yourself and your family.

      A lot of systems are crumbling in the UK due to Tory mismanagement, but the courts are still working as intended and do protect people, sometimes even from themselves.