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CARE for Scotland statement on Holyrood 'buffer zones' legislation

Freedom of Speech
15 June 2023
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Today, Scottish Green MSP Gillian Mackay lodged a bill in the Scottish Parliament to ban pro-life activity outside abortion clinics.

CARE for Scotland has raised concerns about the approach, including a threat to free expression.

A statement by Louise Davies MBE, Director of Advocacy and Policy, is included below. Ms Davies said:

“CARE for Scotland is not involved with protests or vigils outside facilities where abortions are provided. We would condemn any person that deliberately harasses others, or actively impedes freedom of movement. We are concerned by any behaviour that may compound vulnerability or distress for any woman. All public debate around abortion, and especially interaction with expectant mothers, must be conducted with an abundance of empathy, compassion, and sensitivity, recognising that both lives in a pregnancy have value. We would question the evidence basis for the proposed ‘buffer zones’ law, as Police Scotland data does not indicate that a plethora of problem incidents are occurring, as some campaigners claim.

“We have concerns about how the proposed Bill relates to freedom of speech, specifically regarding potentially excessive restrictions upon the public right to legitimate and non-intimidating protest and an inadequate balance of competing rights under the European Convention on Human Rights (ECHR). We are especially worried about the proposed introduction of custodial sentences for so-called protesters, which sits uneasily with the notion of Scotland as a free and open democratic society. It is also important to note that the term ‘protestors’ perhaps does not accurately capture the reality or motivation for many, who may be there to pray, offer support and provide an option for women who may wish to consider an alternative.

“We are also concerned that by exclusively focusing public debate on ‘buffer zones’, the Bill risks obscuring more significant aspects of the wider abortion debate. We note, for example, that terminations are occurring at near record numbers in Scotland, and that the provision for abortions at home, introduced during the pandemic, are continuing. As such, we fear the Bill risks projecting a potentially misleading narrative that access to abortion is being impeded, whilst simultaneously diverting attention from issues such as the termination of babies with Downs’ Syndrome, advances in improving foetal viability, efforts to reduce the number of abortions from its current very high level, and wider discussions about drivers of abortion in Scotland.”

ENDS

Notes for editors:

CARE for Scotland provides analysis of social policy from a Christian perspective. For more information, or to request an interview with a CARE policy expert, contact: press@care.org.uk

More information:

Police Scotland data source: The Facts | My Site (compassionscotland.com)

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