A MOTION on enshrining the right to abortion in the constitution of an independent Scotland is set to be debated at the upcoming SNP conference.
The SNP’s Elgin branch submitted a motion which would enshrine the right to an abortion into Scotland’s own constitution post-independence, citing the overturning of Roe V Wade by the US Supreme Court as a cause for concern.
The party has since confirmed that it will be debated during their conference in Edinburgh between August 30 – September 1.
It states: “Conference notes the recent developments in the United States, where the Supreme Court overturned Roe v. Wade, have led to significant rollbacks in women's reproductive rights across several states.
“This landmark decision had protected women's right to choose for nearly half a century.
“In contrast, France took a proactive step in 2023 by enshrining the right to abortion in its constitution.
“Conference believes that women's rights are human rights, and access to safe, legal abortion is a fundamental aspect of healthcare and bodily autonomy.
“The right to choose should not be subject to the changing tides of political or judicial decisions but should be a guaranteed and protected right within the highest legal framework of our nation.
“Conference resolves that the SNP would call for the right to abortion to be enshrined in the future constitution of an independent Scotland, safeguarding women's reproductive rights against any potential political or legal regression.”
Since the US Supreme Court overturned Roe V Wade millions of women in the country have lost the right to have an abortion in their state.
A total of 14 states passed laws which prohibit abortion from the moment of conception, with only some including exceptions in cases of incest or rape.
Others such as Georgia, South Carolina and Florida have banned women from receiving an abortion beyond six weeks of pregnancy.
In Scotland, abortion is generally available up to 24 weeks of pregnancy.
SNP MSP Emma Roddick has previously voiced her support for new legislation introducing protest buffer zones around abortion clinics in Scotland, which received the backing of a majority of MSPs in June.
However, she said she wouldn’t be making up her mind about whether to include a right to abortion in the constitution of an independent Scotland until the motion was debated at the SNP conference.
She told The National: “I'm generally not keen on putting policy matters into the constitution, but I think it's clear that fundamental women's rights are at risk across the world, even where debates seemed settled.
“I'd be keen to see it become harder for changing governments to remove access to necessary healthcare like abortion, and the constitution may be the way to go about it, considering that access as a right.
“I'm not fully decided given it's not clear what the wording would be, but I look forward to the debate - I love that about conference, I don't always know the side I'll come down on until I hear the niche arguments on the day.”
A total of 61 out of 63 SNP MSPs voted in favour of introducing buffer zones around abortion clinics in Scotland.
Former first minister Humza Yousaf did not vote, although previously expressed support for the legislation.
However, SNP MSP John Mason voted against the Abortion Services (Safe Access Zones) (Scotland) Bill and said he was “unhappy” with the current motion on including abortion rights in the future constitution of an independent Scotland.
“Broadly speaking my position is as I have stated publicly before,” he told The National.
“The key question to start with is when life begins.
“If it only begins at birth, then we only need to be concerned about ‘women’s rights… healthcare and bodily autonomy’ as the motion for SNP conference states.
“But if a baby’s life begins at conception, as I and a number of others believe, then we should also be concerned about the baby’s rights and healthcare.
“Therefore I am unhappy with the motion as it makes no mention of the baby and his or her healthcare.”
Mason has previously received a written warning from the SNP group in Holyrood for comments he made about vigils being held outside healthcare clinics.
In 2022, he claimed that clinics “push abortion without laying out the pros and cons”.
