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