Fiona Bruce MP (in white jacket) delivers a petition against gay marriage in 2012. Photo: Getty
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Against the Fiona Bruce amendment: why feminists should oppose the ban on sex-selective abortion

Fiona Bruce MP wants to criminalise anyone who procures an abortion based on the sex of their "unborn child". But rather than penalise vulnerable women, we should tackle the misogynist culture deems a female child to be worth less.

It can be hard to get people to talk about femicide. It’s just not that much fun as a topic, what with the brutality and the bereavement and the getting people to acknowledge male violence as a thing. There are so many ways that women are harmed and killed because we are women. One of them is through many countries' refusal to provide safe, legal abortion on demand: according to the World Health Organisation, of the 21.6 million women who undergo unsafe abortion worldwide each year, 47,000 die as a result of complications. That death toll accounts for almost 13 per cent of all maternal mortality, and in the remaining 87 per cent, you can be sure there will be many women who would rather not have taken their chances but were never given the choice. These deaths are preventable. Why aren’t they prevented? Perhaps because women’s lives are not really thought of as something worth preserving.

There is one kind of femicide that seems to get attention, however. Coincidentally, it’s also the one kind of femicide that suggests more control of women’s bodies as a solution. Sex-selective abortion wins headlines, airtime and legislative attention in a way that plain old adult women killed by men never could. On Monday, MPs will vote on Fiona Bruce’s amendment to the serious crime bill, which if passed would “make it clear that conducting or procuring an abortion on the grounds that the unborn child is a girl – or a boy (although this practice mainly affects girls) – is illegal”. Perhaps it will become law: when Bruce originally introduced this legislation as the abortion (sex selection) bill, it passed its first reading by 181 ayes to a single lonely no. After all, sex-selective abortion seems like such an obviously bad thing, why would any MP oppose the ban?

First of all, they might oppose it because experience from other countries tells us that bans on sex-selective abortion just don’t work. Although sex-selective abortion was outlawed in India in 1994, the legislation has never been effectively enforced and there has been no alteration in a birthrate that is stubbornly biased towards boy babies. As the United Nations Population Fund points out, this is only to be expected in a state where multiple other statutes and customs enforce the son preference. If only sons can inherit property, while daughters require expensive dowries to be married off, and if women are subject to child marriage and endemic sexual assault, it seems obvious that many parents would see girls as at best a misfortune, at worst financial ruin. Making sex selection illegal did not change the viciously misogynistic conditions in which sex selection took place, and so sex selection did not stop.

From Taiwan, there’s more evidence that foetal femicide is an extension of the violence practiced against the born rather than an isolated phenomenon. A 2008 paper by Ming-Jen Lin, Jin-Tan Liu and Nancy Qian concluded that, while the availability of sex-selective abortion in Taiwan had led to fewer girls being born, it had also led to a decrease in relative female neo-natal mortality. “We estimate that approximately 15 more female infants survived for every 100 aborted female fetuses,” wrote the authors. Having expressed their preference for a son in the womb, parents were presumably less likely to express it against the girls they did have through neglect or infanticide. It's a cold sort of accounting but the truth is this: wherever sex-selective abortion takes place, the determining factor is not its legality, but the existence of an extreme femicidal culture that fatally devalues women.

Does the UK have such a culture? The population data says no: gender distributions of birth rates for all populations are within normal boundaries. Does that mean that no woman is ever subtly pressured or explicitly coerced into an abortion because of foetal sex? It does not. Fiona Bruce offers the testimonies of women who aborted otherwise wanted pregnancies either because they recognised the social expectation to deliver boys, or because a violent husband beat them till they submitted to a termination. These women are the victims of male violence, and it seems unlikely that the man who punches and kicks his wife would balk at forcing her to have an unsafe backstreet abortion. With this in mind, the wording of Bruce’s proposal is truly extraordinary: by making it illegal to “procure” an abortion on the grounds of sex, the bill would criminalise the very women it presumes to protect, and punish the subjugated a second time. As the Iranian and Kurdish Women’s Rights Organisation has said in a statement opposing the amendment: “these women who are victims in these cases should be provided with the support that they need.” They should not be treated as criminals.

According to a spokesperson from the office of Yvette Cooper MP, there are further concerns from medics that outlawing sex-selective abortion will impinge on parents who wish to avoid having a child with a sex-related congenital disorder. And then there’s that phrase used by Bruce: “unborn child”. At the moment, the foetus does not have the legal status of a person in English and Welsh law. To introduce it would be to move towards the situation in the Republic of Ireland, where the duty to balance the foetus’s “right to life” with that of the pregnant woman invariably works to the disadvantage of the woman – sometimes fatally (as in the case of Savita Halappanavar), sometimes with extreme brutality (as in the case of Migrant X, a woman who was raped, prevented from obtaining an abortion and then subjected to a forced caesarean). Fiona Bruce’s amendment makes women into vessels containing and controlled by the unborn – a misogynist logic, as feminist philosopher Mary Daly pointed out, that casts the foetus as something like an astronaut and the pregnant woman as the inanimate craft designed to protect the inhabitant. Its consequences for women can only be dreadful.

Much better is an alternative amendment formulated by Cooper and other MPs. This would give the government six months to conduct an investigation into the prevalence of sex-selective abortion and develop a plan of action for healthcare providers to help coerced and abused women. Such a plan will probably entail a reckoning with the shocking impact of the cuts on refuges, particularly those that offer specialist services for black and minority ethnicity women, who are disproportionately affected by the pressure to select for sex.

It will mean acknowledging that the problem here is not women’s “choice”, but male violence. And critically, it will achieve this without altering the 1967 Abortion Act and restricting women’s reproductive rights. As Jill Radford, one of the first to recognise the scope and savagery of femicide throughout all cultures, wrote: “Where the right of women to control their own fertility is not recognised… women die from botched abortions.” We can’t make a safe world for girls unless we start from the position that all adult women – whatever our backgrounds – are people, worthy of safety, deserving of life.  MPs must reject the Bruce amendment.

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.

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Are there “tens of thousands” who still don't have their Labour leadership ballot paper?

Word has it that swathes of eligible voters have yet to receive their ballot papers, suggesting there is still all to play for in the Labour leadership contest. But is it true?

Is there still all to play for in the Labour leadership contest?

Some party insiders believe there is, having heard whispers following the bank holiday weekend that “tens of thousands” of eligible voters have yet to receive their ballot papers.

The voting process closes next Thursday (10 September), and today (1 September) is the day the Labour party suggests you get in touch if you haven’t yet been given a chance to vote.

The impression here is that most people allowed to vote – members, registered supporters, and affiliated supporters – should have received their voting code over email, or their election pack in the post, by now, and that it begins to boil down to individual administrative problems if they’ve received neither by this point.

But many are still reporting that they haven’t yet been given a chance to vote. Even Shabana Mahmood MP, shadow chief secretary to the Treasury, still hasn’t received her voting pack, as she writes on the Staggers, warning us not to assume Jeremy Corbyn will win. What’s more, Mahmood and her team have heard anecdotally that there are still “tens of thousands” who have been approved to vote who have yet to receive their ballot papers.

It’s important to remember that Mahmood is an Yvette Cooper supporter, and is using this figure in her piece to argue that there is still all to play for in the leadership race. Also, “tens of thousands” is sufficiently vague; it doesn’t give away whether or not these mystery ballot-lacking voters would really make a difference in an election in which around half a million will be voting.

But there are others in the party who have heard similar figures.

“I know people who haven’t received [their voting details] either,” one Labour political adviser tells me. “That figure [tens of thousands] is probably accurate, but the party is being far from open with us.”

“That’s the number we’ve heard, as of Friday, the bank holiday, and today – apparently it is still that many,” says another.

A source at Labour HQ does not deny that such a high number of people are still unable to vote. They say it’s difficult to work out the exact figures of ballot papers that have yet to be sent out, but reveal that they are still likely to be, “going out in batches over the next two weeks”.

A Labour press office spokesperson confirms that papers are still being sent out, but does not give me a figure: “The process of sending out ballot papers is still under way, and people can vote online right up to the deadline on September 10th.”

The Electoral Reform Services is the independent body administrating the ballot for Labour. They are more sceptical about the “tens of thousands” figure. “Tens of thousands? Nah,” an official at the organisation tells me.

“The vast majority will have been sent an email allowing them to vote, or a pack in one or two days after that. The idea that as many as tens of thousands haven’t seems a little bit strange,” they add. “There were some last-minute membership applications, and there might be a few late postal votes, or a few individuals late to register. [But] everybody should have definitely been sent an email.”

Considering Labour’s own information to voters suggests today (1 September) is the day to begin worrying if you haven’t received your ballot yet, and the body in charge of sending out the ballots denies the figure, these “tens of thousands” are likely to be wishful thinking on the part of those in the party dreading a Corbyn victory.

Anoosh Chakelian is deputy web editor at the New Statesman.