WATCH: Home abortion drug legal challenge begins
A legal challenge over plans to allow pregnant women to take abortion-inducing medication at home has begun at the Court of Session in Edinburgh.
The Society for the Protection of Unborn Children (SPUC) Scotland argues the Scottish Government's move is "unlawful'', and "a threat to the health of women and their unborn babies''.
Scotland's Chief Medical Officer, Dr Catherine Calderwood, confirmed in October she had written to all Scottish health boards indicating the drug misoprostol could be taken by womoen outside a clinical setting, under plans using powers available within the Abortion Act 1967.
However the SPUC's QC Morag Ross said the decision was inconsistent with the legislation.
She told the court: "Their (the SPUC's) argument is simply this - that the 1967 Act does not give the respondents the power to approve a woman's home as a class of place.
"A home is not a class in the first place, and secondly this approval runs counter to the requirement that an abortion be carried out by a registered medical professional.''
Ms Ross argued the "tremendously broad definition'' of home lacked clarity and certainty, and relied on doctors to make case-by-case judgements on whether a woman's home was a suitably safe place.
That is not a legitimate way for ministers to approach the exercise of their statutory functions,'' she said.
Prior to the hearing, SPUC Scotland chief executive John Deighan said the organisation believes the plans amount to authorising backstreet abortions'', addingthe potential health risks for mothers and their babies are horrific''.
Powers over abortion were devolved to Holyrood in 2016.
Dr Calderwood said it was a mark of significant progress'' that women in Scotland up to nine weeks pregnant could take misoprostol at home if they wanted, saying this would allow themmore privacy, more dignity''.
The move has also been described as admirable'' by Professor Lesley Regan, president of the Royal College of Obstetricians and Gynaecologists.
A Scottish Government spokesman said it would not be appropriate for the Government to comment further'' given the court hearing.
The two-day hearing in the petition for judicial review before judge Lady Wise is expected to conclude on Tuesday.