Legal Rights to Access Abortion

Debate between Julian Lewis and Fiona Bruce

Monday 28th November 2022 Westminster Hall

[Fiona Bruce (Congleton) (Con)]

It is a pleasure to serve under your chairmanship, Sir Graham, and to follow the hon. Member for Strangford (Jim Shannon). I thank the hon. Member for Gower (Tonia Antoniazzi) for the gracious tone in which she introduced the debate—it is so right, on such a sensitive issue. It is encouraging to note how many colleagues are in the Chamber today to express concern about the wording of this petition, and I join them. The idea of a right to abortion not only conflicts with the established position of international law on the right to life, but would cause huge complications for our domestic law. Including abortion in a Bill of Rights is inappropriate, and likely to result in extensive litigation to establish the extent of such a right. Whatever our views on abortion, the petition is therefore misguided from a legal perspective. I agree with the response of the former Justice Secretary, my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), who said that there is no strong case for change.

Let me refer to one point made by the hon. Member for Gower, who mentioned just one woman bringing forward this petition. It is true that the petition has been brought in the name of one person, but let us be under no illusion: the move to classify abortion as a human right is part of a well co-ordinated national and international campaign to do so.

First, let me comment on the subject from the international perspective and make a few points about the robust protection of the right to life in international law, and the explicit rejection of the so-called right to abortion. It is important to start with that perspective, because we have heard it said that the UK must adopt more expansive abortion laws because of international law—but why should we? We are not under any obligation to liberalise abortion laws from international legal texts. None of the nine core treaties recognised by the UN have recognised abortion as a human right. By common definition, human rights are inherent or inalienable rights or freedoms afforded to every person without discrimination. They must be upheld and protected by Governments, and I am sure that any new Bill of Rights in this country will seek to robustly uphold those fundamental rights, but international texts on human rights have never included abortion. I shall reference that with four points.

First, the international covenant on civil and political rights affirms the inherent right to life. It contains a provision explicitly to protect the life of a pregnant woman. In the preparatory texts, or travaux préparatoires —I think I have nearly got the French right—it is explained that that is to

“save the life of an innocent unborn child”.

Secondly, the declaration of the rights of the child states that

“the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth…the need for such special safeguards has been…recognized in the Universal Declaration of Human Rights”.

That quote from the declaration of the rights of the child was confirmed by the convention on the rights of the child.

The UK has ratified all three of those treaties. Indeed, the preamble to the convention on the rights of the child was very much the impetus behind our landmark Children Act 1989. Under that convention, all countries are obligated to

“ensure to the maximum extent possible the survival and development of the child”,

including the unborn child.

[Dr Julian Lewis]

I have been listening to both sides here and I am not hearing an answer to one question that seems to me fundamental: at what point does a fertilised egg become a viable human being with rights? From one side, I am not hearing any recognition that a baby about to be born is actually viable and has rights; and from the other side, I am not hearing that a newly fertilised egg is not yet a viable human being and therefore does not have the same rights as a human being. It is going to be a dialogue of the deaf until both sides recognise that this is a spectrum and not an either/or.

[Fiona Bruce]

That discussion has been ongoing for a long time. Many in this room hold different views on the subject. I happen to believe that life begins at conception, but I know that others take a different view.

Thirdly, the convention on the elimination of all forms of discrimination against women, CEDAW, also does not advance any concept of a right to abortion. Nowhere in the text does it reference terms such as “reproductive rights”, “pregnancy termination” or “abortion”. Instead, it requires states to provide suitable care and services for women during pregnancy. Fourthly, the former UN special rapporteur for health has told the UN General Assembly that there is no international law on the matter of abortion.

It is also important for us to note that the European Court of Human Rights has never ruled that countries in the Council of Europe need to consider abortion as a human right, even though it has considered the matter several times over the past 20 years. Three points are relevant here. First, the Court has affirmed that article 8 of the European convention on human rights, the right to a private and family life, cannot be interpreted as conferring a right to abortion. I will quote from a 2010 case:

“The woman’s right to respect for her private life must be weighed against other competing rights and freedoms…including those of the unborn child”.

Secondly, the Court has ruled that forced abortions are a breach of article 3—the prohibition on torture—noting that forced abortions can have

“long-lasting negative physical and psychological effects”

on women. Thirdly, the Court has reaffirmed that there is no actual right to abortion, even in the—I accept—tragic case of rape.

The UK really is under no pressure from the UN or from the European Court of Human Rights to reform its abortion law by classifying abortion as a human right. I would now like to consider the issue from the domestic perspective. I know that we have already had a lengthy discussion of the subject during today’s debate, but I would like us to acknowledge how chaotic it would make our laws here if we included abortion as a right—as a human right.

We have already had the discussion, and there are different views on what a right to abortion would mean. Would it equate to the wholesale decriminalisation of abortion? Would it create an absolute right to abortion? Could it mean the removal of gestational limits, allowing abortion up to birth? Could it mean abortion based on the gender of the foetus or the removal of medical safeguards, including the involvement of doctors? Would it mean the erosion of conscience rights for medical professionals? All of those questions would be thrown up.

Freedom of Religion or Belief: 40th Anniversary of UN Declaration

Debate between Julian Lewis and Fiona Bruce

Thursday 25th November 2021 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

I beg to move,

That this House has considered freedom of religion or belief and the 40th anniversary of the UN Declaration on the elimination of religious intolerance.

I start by thanking the many colleagues in the Chamber for attending today’s debate, and the Backbench Business Committee for granting time for it. I signpost to colleagues that I hope to speak for no more than 20 minutes.

MPs have effectively challenged successive Governments over the years to increase engagement on freedom of religion or belief—FORB—and, indeed, on FORB for all, whatever one’s religion or if one has no religion at all. Parliamentarians have raised the importance of recognising FORB as a UK human rights concern, and it is only as I have worked internationally on this subject following my appointment last December as the Prime Minister’s special envoy for freedom of religion or belief, that I have come to understand in the international context the important role that our parliamentarians play and have played over many years in their cross-party commitment to this subject. In this we are showing global leadership.

I was told by those arranging a conference on FORB in another not-so-small country that they struggled to get just three elected representatives to speak about it on a panel, but our all-party parliamentary group for international freedom of religion or belief, under the tireless leadership of the hon. Member for Strangford (Jim Shannon), is one of the largest and most active APPGs, with 143 members.

One of the three key elements of my mandate as the Prime Minister’s special envoy, as listed on the Foreign, Commonwealth and Development Office website, is:

“brings together UK efforts to promote religious tolerance abroad”.

So it is right that I engage with the APPG, although I am also a vice-chair, and I thank the stakeholders who facilitated the appointment of a strong, indeed recently strengthened, group of staff to support the APPG. Just yesterday, together we hosted an event here in Parliament attended by very many MPs, and I thank them all for attending, not least the COP26 President, my right hon. Friend the Member for Reading West (Alok Sharma).

The event marked Red Wednesday, the day dedicated to shining a light on the persecution of Christians across the world and to standing up for the faith and freedom of all. It is a day when we light up public buildings, such as the FCDO, in red to remember in particular those who have made the ultimate sacrifice for their beliefs. This year, for the first time, Lambeth Palace was lit up. I thank the Archbishop of Canterbury for that and for his concern for FORB.

Yesterday we heard in person from victims of FORB abuses about the suffering of the Hazaras in Afghanistan and of the widespread persecution of the Baha’is. As today also marks the International Day for the Elimination of Violence Against Women, we were reminded of the double jeopardy faced by many women across the world. They are persecuted and discriminated against for their faith and their gender, which was articulated so harrowingly in the report published yesterday by Aid to the Church in Need, “Hear Her Cries.” Indeed, after reading that report, I simply had to sit down and cry.

[Dr Julian Lewis (New Forest East) (Con)]

I am a huge admirer of my hon. Friend and of the work she does in this field. I am trying to help a Hazara Afghan woman who successfully got into Pakistan undocumented, but even now she has to remain in hiding lest our Pakistani “friends and allies” discover her and send her back to the tender mercies of the Taliban. Is that not a good illustration of what my hon. Friend is talking about?

[Fiona Bruce]

Very much so. If my right hon. Friend would like to give me more details, I will pass them on appropriately.

Through the APPG, and inspired by my newly appointed deputy special envoy, David Burrowes, whom I thank for his wise and unstinting work on FORB over many years, this year we have initiated a prisoners of conscience programme that enables those across the world who are imprisoned simply for what they believe to be virtually adopted by an individual MP, who commits to ongoing advocacy on their behalf. With the prisoners’ full agreement, the aim is to highlight their cases and the situation of all who are unjustly imprisoned for their faith or belief. I invite colleagues to offer to partner by contacting the APPG.

Through my parliamentary office, I am also launching a campaign titled “End the Persecution.” I invite all parliamentary colleagues to contact my office for the toolkit that will be available for MPs to use in their constituency to hold meetings and raise awareness among the wider public of the egregious infringements of FORB across the world, of which the public are still often unaware, so that they in turn can become ambassadors. In particular, we want to encourage the next generation to champion FORB, which is why the “End the Persecution” campaign will have a focus on creating young FORB ambassadors.

Along with the work of my parliamentary office and my work with the FCDO, my role comprises three legs of a stool: Parliament, the public—by working with civil society and engaging with non-governmental organisations—and the FCDO. My parliamentary office has conducted intensive deep dives over the past few months into countries where violations of FORB are egregious or of key concern. In effect, these have been virtual visits, as in-person visits have been impractical for much of this year due to the pandemic. We focused on a number of countries and spoke to dozens of witnesses who provided us with first-hand evidence of the concerns about FORB in their country. This has provided invaluable feedback to the FCDO, and the deep dives have helped to inform advocacy. In recognition of that, I am pleased that some FCDO desk officers have started to observe our deep dives.

We learned from the personal experiences of those on the ground in Nigeria, Myanmar, Eritrea and Afghanistan. I will briefly present some of the shocking things that have been shared. In Nigeria, marginalisation and persecution of religious minorities has in many areas become institutionalised, from girls being forcibly married and converted to people being denied public office because of their faith. In Myanmar, human rights organisations report that since the military coup and the pandemic, those experiencing persecution due to their religion or belief have been increasingly targeted, denied access to key services and occasionally forced into unjust arrest, where they are tortured horrifically.

In Eritrea, those arrested are reportedly held in makeshift detentions. Many prisoners are held in shipping containers, where they can be at risk of being burnt to death in the heat of the day and then frozen at night—many go mad with the suffering. Others are held in holes in the ground. Upwards of 20,000 people are held in those camps, and many are beaten, including pregnant women beaten around the womb.

In Afghanistan, we spoke directly to members of several religious communities, including Christians, Sikhs, Muslims and Hazaras, and the non-governmental organisations supporting them. Those who do not submit to the beliefs of the Taliban are frequently at risk of losing their life, and some have lost their lives. We heard of some 1,000 Hazaras who had been thrown out of their homes and were wandering the countryside, with a dozen or so found by others beheaded at the roadside. Relocation and resettlement schemes urgently need to include religious minorities. As we heard from my right hon. Friend the Member for New Forest East (Dr Lewis), refugees who have fled to neighbouring countries continue to be vulnerable.

I turn now to the Truro review. The second part of my published mandate is to

“support implementing the Bishop of Truro’s recommendations on Foreign Commonwealth and Development Office (FCDO) support for persecuted Christians around the world”.

I should say that this is FCDO work not just for persecuted Christians, but for all those who are persecuted around the world, whatever their faith or none. I thank my right hon. Friend the Member for South West Surrey (Jeremy Hunt), the former Foreign Secretary, for initiating this review, and him and the Bishop of Truro for their continued strong commitment to FORB. Both of them have been of great support to me in my role. To oversee the implementation of the review, I hold regular meetings with officials and with the Bishop to ensure that the 22 recommendations will be implemented in full, both in word and in spirit, by the deadline of early next July. I am pleased that the FCDO indicates that delivery of more than half the 22 recommendations has occurred and that good progress is being made on the remainder, and that we are on track to deliver them all by July 2022 in line with our manifesto commitment.

Let me highlight a few of the recommendations. The last time we debated FORB in this place, concerned was expressed by a number of colleagues, on a cross-party basis, about the support for my role. Recommendation 6 was for

“suitable instruments / roles to monitor and implement”

the Truro approach,

“establishing permanently, and in perpetuity, the role of Special Envoy for Freedom of Religion or Belief with appropriate resources and authority to work across FCO departments supported by a Director General level champion for FoRB.”

I am pleased to report to the House that since those concerns were expressed there has been significant movement to provide more dedicated official support for the role, not least through the appointment of our former colleague David Burrowes as deputy special envoy. Together, we can press on to ensure we make the most of the opportunities of the next eight months to build on the Truro review progress.

On recommendation 2, this year FORB was included in the G7 communiqué for the first time, laying the foundations for further collaboration within this group. Recommendation 8 was on a global human rights sanctions regime: In March, the Foreign Secretary announced sanctions, alongside the US, Canada and the EU, against perpetrators of gross human rights violations against Uyghurs and other minorities in Xinjiang. I look forward to further sanctions specifically targeted at individuals who violate FORB, as that is much needed.

On recommendation 20, we have used our position on the UN Security Council to raise awareness of the persecution of religious minorities in conflict. Lord Ahmad hosted a successful Arria meeting in the margins of the Security Council in March.

On recommendation 14, freedom of religion or belief is a key theme of the annual human rights and democracy reports and will continue to be so in future. I would like to see greater integration of FORB with the reports on other human rights, as they are so interrelated; I think for example of the right to associate, freedom of speech and other rights, such as media freedoms.

Recommendation 11 was on religion training, and earlier this year, along with Lord Ahmad, I launched the core training unit on “Religion for International Engagement”, recommended for all FCDO staff and essential for FCDO officials in relevant diplomatic posts so that they can engage more informedly with religious communities in the countries in which they serve. During 2021, I wrote to every UK diplomatic post across the world—almost 200 of them—asking about our diplomatic engagements on FORB in the countries where they serve, and I was greatly encouraged at the clear increased understanding of and interest in engagement on FORB by our embassy staff. There is more to do, but there is no doubt that since the publication of the Truro report in 2019 this engagement by our diplomatic staff has markedly increased. Having said that, there is always more that we can do, and it is important that the religious training modules do not remain on the shelf—or, more accurately, in a portal that is not accessed by FCDO officials—but are accessed, with their understanding embedded in FCDO thinking.

There is still a way to go before FORB is at the heart of FCDO thinking in the way that other rights are, as was evidenced by the FCDO outcome delivery plan 2021-22, which was published in July, when FORB received slight or, some may say, scant reference. I am pleased, however, that on discussing this issue with our new Foreign Secretary, who took up the post after that date, I found that she has personal support for FORB, and she indicated to me that that document does need review. I look forward to working on this, and I thank the Foreign Secretary for her particularly strong statement for FORB this week when announcing the dates of a major international ministerial conference to be hosted by the UK on 5 and 6 July 2022, in London. She said:

“There are still too many places around the world where practising one’s religion, or having no religion, can cost you your freedom or even your life. The challenges to these freedoms continue to grow in different shapes and forms around the world. So we must act...to help ensure that everyone, everywhere can follow their own religion or belief.”

I am pleased that the Foreign Secretary used the word “act”. One of my priorities is to ensure that we move from awareness raising to action—to making a real difference in the lives of people who are losing their jobs, education, homes, livelihoods, families, freedom, access to justice and even life itself, simply on account of what they believe. These people are being discriminated against, marginalised, beaten, threatened, tortured and killed.

On recommendation 9, the John Bunyan Fund was founded as a result of the Truro review, and we have used it this year to fund research to understand the intersecting vulnerabilities experienced by those who are a member of a religious minority and are living in poverty in the shadows of covid-19. I commend the excellent research by CREID—the Coalition for Religious Equality and Inclusive Development—which was funded by the John Bunyan Fund and was launched at an event I attended last week. It is helping to raise awareness of how the pandemic has affected the daily lives of religious minorities in India and Nigeria. I commend it to parliamentary colleagues, many of whom are passionately concerned about FORB but may not be aware of this work. It an excellent example of something I constantly experience, which is that some really good FORB work is being done by FCDO officials but parliamentary colleagues are mostly unaware of it.

I see it as a key part of my role, in fulfilling my mandate to bring together UK efforts, to initiate better working together. This is about enabling all of us, whether officials or parliamentarians, to cross the road that is Whitehall more often. It is only a few yards between the Foreign Office’s King Charles Street building and the Houses of Commons and Lords.

Recommendation 17 required the initiation of a working group to include civil society organisations and is one of the success stories to have come out of the Truro recommendations to date. A roundtable, the UK FoRB Forum, was formed and has gone from strength to strength. Just a year ago, it had 45 member representatives; there are now nearly 100, including NGOs, civil society organisations, charities and academics. I meet the member representatives for one morning monthly, and those meetings are proving to be a powerful opportunity for them to bring grassroots information and concerns from the countries where they work, often bravely and with limited resources. Such engagement increasingly has the potential to inform Government action and policy development. It is a priority for me to take back to officials the information shared at such meetings.

The Bishop of Truro chaired the UK FoRB Forum for the first year, and it is now well served by the new, elected chair, the founder-president of Christian Solidarity Worldwide, Mervyn Thomas. It is my pleasure to work with him. We have only just begun to understand the potential of what the roundtable can contribute to championing FORB and challenging its abuses. Again, it indicates the global leadership that the UK is demonstrating. It is not too much to say that I believe that, along with the work of the APPG and the engagement of parliamentarians, we can and must share such best practice at next year’s ministerial conference, to inspire others in countries across the world where, I have come to learn, perhaps only one or two parliamentarians champion FORB, or where NGOs do not have the opportunity for such collaborative joint working.