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England & Wales to enforce ‘buffer zones’ around abortion clinics

The decision aims to tackle cases of harassment outside clinics across the country. 

For years, anti-abortion protesters in England and Wales have employed tactics ranging from the passive-aggressive to the blatantly invasive in an effort to sway women from terminating pregnancies.

Come the end of October, however, this may no longer be the case.

The government has announced plans to introduce 150-metre buffer zones around abortion clinics, marking a watershed moment for reproductive rights in England and Wales. As of 31st October 2024, it will be illegal to harass, distress, or even stage a protest within these newly designated ‘safe spaces’ around abortion services.

For those unwilling to comply with the boundaries, punishment will be an unlimited fine.

Though the idea of protection zones isn’t exactly revolutionary (Australia, Canada, and parts of the US have had them for years), their arrival in England and Wales is significant for its timing.

Amid fraught debates over abortion access in the US, and recent crackdowns on protest rights within the UK, an increasingly complex dance between personal liberty and public intrusion has been playing out internationally.

While some may welcome the introduction of buffer zones, others are likely to see them as another strike against free expression and public space.

The legislation comes in response to widespread reports of harassment at clinics across the UK. In 2022, the British Pregnancy Advisory Service (BPAS) revealed that harassment had been recorded at over 50 abortion clinics, with incidents ranging from overtly aggressive behaviour to subtle but insidious attempts at ‘counselling’ women as they walked in.

According to reports, around 15 BPAS clinics, which help more than 45,000 women a year, experienced protests outside in the five months since the Public Order Act – which includes legislation on buffer zones – became law in May.

Incidents included a man staging a protest in the waiting room of a clinic; 30 activists standing outside for several hours, ‘causing anxiety and stress to women inside’; and protesters displaying graphic images of foetuses and verses from the Bible outside a hospital.

Protesters have long argued their right to free speech. But what constitutes harassment, particularly in sensitive cases like these, is not merely a matter of physical interference.

It’s no wonder, then, that the push for buffer zones has been bolstered by stories of women affected by these incidents.

Heidi Stewart, head of BPAS, said implementation of the zones ‘can’t come soon enough’.

‘For years our staff and the women we care for have endured anti-abortion fanatics standing outside clinics for hours on end staring at them accessing or going to provide private medical care, stopping them outside and telling them that abortion is murder.’

However, for anti-abortion groups like Right To Life UK, who have long positioned themselves at the forefront of this debate, the buffer zones represent a gagging order.

Catherine Robinson, a spokesperson for the group, said the zones would mean ‘vital practical support provided by volunteers outside abortion clinics, which helps to provide a genuine choice, and offers help to women who may be undoing coercion, will be removed.’

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The issue of enforcement has also hindered the introduction of buffer zones in England and Wales.

While similar legislation was introduced in Northern Ireland last year, and will be implemented across Scotland this month, the rollout of these measures in England and Wales has faced delays, leading to criticism from prominent politicians and campaigners.

Pro-choice campaigners have questioned whether pressure from anti-abortion groups might be to blame for the delay.

In January last year, questions were raised as to whether the guidance around buffer zones has been watered down, allowing campaigners to continue conducting silent prayers and approaching women who were entering clinics in England and Wales.

Some critics question whether the law will be consistently applied, and if the court system is prepared to handle what could be a flood of new cases.

Regardless of the logistical hurdles, healthcare professionals – who have long been on the receiving end of protests themselves – are welcoming the legal protection.

As for the individuals accessing these services, the introduction of buffer zones could mean the difference between a highly personal decision and a public ordeal. While the protesters have every right to oppose abortion, so too do women have the right to seek it without fear of being publicly shamed for their choice.

The debate over reproductive rights has always been emotionally charged, but this legal step demonstrates a clear shift towards prioritising the rights of the individual to privacy and medical care over the rights of others to object to it.

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