Abstract
In the 1960s, after years of campaigning spearheaded by the Abortion Law Reform Association (ALRA), it finally seemed that reform of the existing, draconian legislation governing abortion in Britain was on the cards. Abortion had emerged as one of the defining issues of a burgeoning women’s movement, a key contention being that the question of who controls female fertility is a political one, involving fundamental choices regarding the position and role of women within society. Restrictive controls over access to abortion services were seen as indicative of attempts to exercise control over women’s sexuality and fertility and to enforce certain roles and lifestyle choices which reflected particular moral assumptions about what was appropriate female conduct. Access to safe, legal abortion on demand was advanced as a prerequisite for the full and equal participation of women in society and an essential part of any feminist political agenda. As Madeleine Simms of ALRA put it: ‘no true state of equality can exist for women in a society which denies them freedom and privacy in respect of fertility control.’1
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Notes
M. Simms, ‘Abortion: the Myth of the Golden Age’, in Controlling Women: the Normal and the Deviant, B. Hutter and G. Williams (eds), London, Croom Helm, 1981, p. 183. See also Chapter 1 of this volume.
For a more developed version of this argument see S. Sheldon, Beyond Control: Medical Power and Abortion Law, London, Pluto Press, 1997.
S. Millns and S. Sheldon, ‘Abortion’, in Parliament and Conscience, P. Cowley and F. Cass (eds), forthcoming. For a more detailed discussion of the 1990 reforms see S. Sheldon, ‘The Law of Abortion and the Politics of Medicalization’, in Law and Body Politics, J. Bridgeman and S. Millns (eds), Aldershot, Dartmouth, 1995.
Abortion Law Reform Association, A Report on NHS Abortion Services, London, ALRA, 1997.
D. Paintin, ‘Legal Abortions in 1992 in England and Wales’, Abortion Review, Winter 1993, p. 1.
K. Hindell and M. Simms, Abortion Law Reformed, London, Peter Owen, 1971, p. 150.
In the sense that she should be allowed a termination as the birth of a disabled child would deter her from future pregnancies. For a fuller version of this argument, see S. Sheldon, ‘Who is the Mother to Make the Judgement?: Constructions of Woman in English Abortion Law’, Feminist Legal Studies, 1, no. 3, 1993, 3–22.
R. Petchesky, Abortion and Woman’s Choice: The State, Sexuality, and Reproductive Freedom, Longman, New York and London, Longman, 1988, p. 2.
In particular see V. Davies, Abortion and Afterwards, Bath, Ashgrove Press, 1991
D. Winn, Experiences of Abortion, London, Macdonald Optima, 1988
A. Neustatter and G. Newson, Mixed Feelings: the Experience of Abortion, London, Sydney and New Hampshire, Pluto, 1986
D. Cossey, Abortion and Conscientious Objection, London, Birth Control Trust, 1982.
For a particularly poignant instance of this, see discussion of Barbara Whiten’s case in S. Sheldon, ‘Subject Only to the Attitude of the Surgeon Concerned: the Judicial Protection of Medical Discretion’, Social and Legal Studies, 5, 1995, 95–11.
C. Smart, Feminism and the Power of Law, London, Routledge, 1989, p. 88.
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© 1998 Palgrave Macmillan, a division of Macmillan Publishers Limited
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Sheldon, S. (1998). The Abortion Act 1967: a Critical Perspective. In: Lee, E. (eds) Abortion Law and Politics Today. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-26876-4_5
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