Select a region
Jersey's "outdated" abortion law could be updated by the end of next year, if politicians approve a proposition lodged by the panel in charge of scrutinising health policy.
The Termination of Pregnancy (Jersey) Law was introduced in 1997, and has remained largely unchanged for over 25 years.
A full review of the abortion law was announced in summer 2023, with then-Health Minister Karen Wilson describing it as "really quite clear" that the legislation needed to be updated.
Pictured: Former Health Minister Karen Wilson said that it was “really quite clear” that Jersey's 27-year-old abortion law needed reviewed.
But despite announcements that updates to the law would be voted on by States Members before the end of 2024, it emerged earlier this year that the island's Termination of Pregnancy legislation would not be updated until the end of 2026 because of "resourcing challenges".
But the Health Scrutiny Panel is now calling for funding to prioritise updating the "outdated" abortion law by the end of 2025.
The panel has lodged an amendment to the Government's Budget 2025-28, which is due to be debated in the States Assembly next month.
Pictured: Deputy Louise Doublet is Chair of the the Health and Social Security Panel.
The amendment states: “Funding for the Termination of Pregnancy (Jersey) Law 1997 Amendments workstream will be reviewed to ensure that both policy and law drafting resource for this workstream is prioritised by the Council of Ministers in the 2025 Legislative Programme and in order for amendments to the current outdated law to be lodged prior to the end of 2025.”
In the report accompanying the proposition, the Health Scrutiny Panel said that updating the island's abortion law is "essential" to "ensure the law reflects societal values, improves women’s health and well-being, aligns with medical advancements, reduces inequities, and addresses legal and ethical considerations".
The report said: "A public consultation conducted by the Government of Jersey between July to October 2023 gathered feedback on the current law, revealing significant support for amendments."
Pictured: Jersey law currently requires those seeking an abortion to be examined by at least two doctors.
The panel said that the consultation feedback indicated a "clear societal shift towards supporting women’s reproductive rights and autonomy".
Additionally, there were concerns that restrictions in the current law can delay access to termination services – increasing health risks and emotional distress for the patient.
The panel also pointed to technological advancements, such as telemedicine, which make it possible to provide safe and effective termination services remotely.
"Updating the law to incorporate these advancements will enhance service delivery and accessibility," the panel said.
Concerns were also raised that the current law disproportionately affects vulnerable islanders, including those with limited financial resources or those who discover their pregnancy later.
The panel also pointed to wider legal and ethical considerations of aligning Jersey’s abortion legislation with international human rights standards.
Pictured: An abortion in Jersey costs £185 if the person receiving it is entitled to access Government health care, and over £500 if they are not.
The report referenced a separate study entitled ‘The lived experiences of termination of pregnancy in Jersey’, which was conducted by the British Pregnancy Advisory Service’s Centre for Reproductive Research and Communication (CRRC) at a cost of £10,790.
The study found that the current law's 12-week gestational limit for termination on the grounds of distress caused "significant distress" to participants – with some needing to travel off-island for care.
In addition, the study found that patients were often unaware of the specific legal requirements, and found the abortion process "confusing and stressful".
Pictured: The 12-week gestational limit can be problematic for people who use contraceptive methods which stop or mask periods.
The Health Scrutiny Panel concluded that the financial cost of implementing the amendment would be around £100,000 per year.
"The Panel was advised in a public hearing with the Minister for Health and Social Services that the required grade 12 policy officer resource for this [abortion law] workstream would equate to around £100,000 a year including onboarding costs," the panel noted.
Could Jersey's abortion law see first update in quarter-century?
Doctors have "discretion" to waive abortion fees
Quarter-century-old abortion law will not see update until late-2026
FOCUS: "Another cost for the 'privilege' of womanhood"
"Deeply concerning" that rape victims have to pay for abortions
FOCUS: Jersey's "lost" gynaecology ward
IN NUMBERS: What do islanders think about Jersey's abortion laws?
Contraception survey launched as local options fall further behind UK
Comments
Comments on this story express the views of the commentator only, not Bailiwick Publishing. We are unable to guarantee the accuracy of any of those comments.