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Review of Abortion Law in Scotland Expert Group: report

A report prepared by an Expert Group commissioned by the Scottish Government to review the law on abortion in Scotland.


2. Abbreviations and Terms

Abbreviations

AAC Advisory Appointment Committee

ACT Australian Capital Territory

ARC Antenatal Results and Choices

AWIA Adults with Incapacity Act 2000

BAPM British Association of Perinatal Medicine

BASHH British Association of Sexual Health and HIV

BCOS Bishop’s Conference of Scotland

BMA British Medical Association

BMFMS British Maternal & Fetal Medicine Society

BPAS British Pregnancy Advisory Service

BSCAP British Society of Abortion Care Providers

CEDAW Convention on the Elimination of All Forms of Discrimination Against Women

CESCR Committee on Economic, Social and Cultural Rights

CHI Community Health Index

CMO Chief Medical Officer

CO Conscientious Objection

COPFS Crown Office and Procurator Fiscal Service

CRC Committee on the Rights of the Child

CRPD Committee on the Rights of Persons with Disabilities

CRR Centre for Reproductive Rights

CoSRH College of Sexual and Reproductive Healthcare

DCMO Deputy Chief Medical Officer

DDA Disability Discrimination Act (1995)

DHSS Department of Health and Social Security

ECHR European Convention on Human Rights

EEA European Economic Area

EMA Early Medical Abortion

EMAH Early Medical Abortion at Home

FFLM Faculty of Forensic and Legal Medicine

FIGO International Federation of Gynaecologists and Obstetricians

GMC General Medical Council

GP General Practitioner

HBs Health Boards

HIS Health Improvement Scotland

HSC Health and Social Care

MHRA Medicines and Healthcare products Regulatory Agency

MTOP Medical Termination of Pregnancy

MVA Manual Vacuum Aspiration

NICE National Institute for Health and Care Excellence

NIPT Non-Invasive Prenatal Testing

NMC Nursing and Midwifery Council

PHS Public Health Scotland

POMs Prescription Only Medicines

RCGP Royal College of General Practitioners

RCM Royal College of Midwives

RCN Royal College of Nursing

RCOG Royal College of Obstetricians and Gynaecologists

RCPsych Royal College of Psychiatrists

RPharmS Royal Pharmaceutical Society of Scotland

SACP Scottish Abortion Care Providers

SACHA Shaping Abortion for Change study

SAAAC South Australia Abortion Action Coalition

SALRI South Australian Law Reform Institute

STOP Surgical Termination of Pregnancy

SWA Scottish Women’s Aid

TOP Termination of Pregnancy

VA Vacuum Aspiration

VLRC Victoria Law Reform Commission

WHO World Health Organization

WHP Women’s Health Plan

2.2 Key Terms and Terminology

The “Group”

Throughout this report, the “Group” refers to the core members of the main Expert Group. Membership of that Group is set out on page 24-25 of this report.

Advisory Group

The Advisory Group refers to the group of reproductive rights, women’s and equalities organisations who have provided direct input to the Expert Group through a representative. The full list of organisations represented on the Advisory Group is in Annex D.

Abortion

“Abortion” in this report refers to the intentional termination of a pregnancy and the associated treatment. This does not therefore include ‘spontaneous’ abortions, which are more commonly referred to as miscarriages, and associated treatment, and does not include treatment for ectopic pregnancy. The Expert Group uses the term “abortion” rather than “termination of pregnancy” (or TOP) in this report because it is widely understood by the public and in common use internationally.

Gestation

“Gestation” refers to the stage of the pregnancy and development of the fetus, usually measured in weeks from the date of the last menstrual period. The length of gestation in a healthy pregnancy varies but is commonly estimated to be around 40 weeks. This is divided into three periods called trimesters. The first trimester is from 0 weeks to week 12. The second trimester is from week 13 to week 27. The third trimester is from week 28 to birth.

Gestational Limit

“Gestational Limit” refers to the maximum gestation (or number of completed weeks of pregnancy) up to which a jurisdiction legally permits a woman to have an abortion.

Conscientious Objection

“Conscientious objection” refers to the circumstances where somebody decides not to provide or participate in the hands-on provision of a particular form of medical treatment – in this case abortion – because they do not agree with it. This may be due to religious beliefs or for any other reason. Most nations and states have some form of statutory or other protections in place that mean staff who have a conscientious objection cannot be required to provide abortion services.

Coercion (Reproductive Coercion)

“Coercion” refers to any form of behaviour that intentionally controls another person’s reproductive choices. These behaviours include forcing a person either to continue or to terminate a pregnancy.

Fetal Anomaly

“Fetal anomaly” or “congenital anomaly” refer to conditions which originate in a fetus before birth, including structural, and genetic anomalies such as neural tube defects, cleft palate, and Down’s Syndrome. Screening during pregnancy can detect some congenital anomalies before birth. Current abortion law in Scotland and across the UK permits abortion throughout pregnancy where there is a ‘substantial risk’ that the fetus or baby will not survive, or that the anomalies are significant enough to mean that the baby/child would be seriously disabled.

Fetus

“Fetus” is the medical term used for a pregnancy after the initial development of an embryo following conception. It becomes a baby (or neonate) at birth.

Medical Abortion

“Medical abortion” or Medical Termination of Pregnancy (MTOP) is an abortion which involves taking medication. This usually involves taking two sets of tablets (mifepristone and then misoprostol); the pregnancy is then passed.

Early Medical Abortion

“Early medical abortion” is a medical abortion which takes place during the first trimester of pregnancy. Early medical abortion at home (EMAH) refers to early medical abortions where one or both sets of tablets are taken, and the pregnancy is passed, outwith a healthcare setting. This may be at home, at a friend or partner’s home or in temporary accommodation depending on the patient’s individual circumstances.

Vacuum aspiration (VA)

“Vacuum aspiration” is a method of surgical abortion. It is a short outpatient procedure to end a pregnancy before 15 weeks, performed by a healthcare professional in a hospital or clinic, and uses gentle suction to remove the pregnancy from the uterus. Vacuum aspiration may also be used as a way to manage an incomplete miscarriage.

Surgical Abortion

“Surgical abortion” or “surgical termination of pregnancy (STOP)” normally involves removing the pregnancy (fetus) through the cervix using gentle suction (Vacuum aspiration).

2.3 Notes on Language

In this report we use a number of terms to refer to those who need and access abortion. We primarily use ‘woman’ or ‘women’ since the majority of individuals who access abortion are cisgender women and girls (women and girls whose gender identity corresponds with the sex they were assigned at birth) and abortion is a key issue for women’s equality. Additionally, much of the legal, health and research evidence which the Group reviewed refers only to cisgender women. However, we also use gender-neutral terms where appropriate, including ‘pregnant people’, and ‘patients’, in order to recognise that transgender men and boys, people who identify as non-binary or gender diverse, and intersex people may also need to access abortion. We wish to make clear that the issues we discuss are inclusive of all pregnant people who might wish to access an abortion

Down’s Syndrome terminology

It is generally accepted that both Down’s Syndrome (Trisomy 21) and Down Syndrome can be used interchangeably.

Contact

Email: abortionteam@gov.scot

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