Medical law & ethicsScotland’s abortion laws: understanding the past to inform future reform

This research project explored how abortion has historically been understood in Scotland and examined how these historical framings continue to influence contemporary abortion laws. It also considered whether current legislation is effectively serving women’s needs and whether reform is required.

The project gained renewed relevance in 2022, when the US Supreme Court overturned the constitutional protection of abortion rights, leading to regressive legislation in many parts of the United States. This decision sent shockwaves through feminist and human rights communities worldwide, prompting global action to safeguard reproductive rights. In this context, abortion law in the UK has come under increased scrutiny, and this project contributes valuable historical and contemporary insights to that broader conversation.

The research was conducted in two phases:

  • Part 1 involved archival research at the National Records of Scotland, examining case files related to historical abortion prosecutions prior to 1924.
  • Part 2 comprised interviews with abortion care providers and reproductive rights activists in Scotland to explore how current laws impact clinical practice and advocacy.

The initial conclusions of the project were reflected in a blog written for the Humanist Society of Scotland (May 2024).

  • Funder: Scottish Universities’ Law Institute
  • Law School researcher: Dr Lynsey Mitchell