Abortion Laws: A Global Perspective On Reproductive Rights

Abortion laws vary widely from country to country, with some permitting it on request, while others enforce total prohibition. In recent years, there has been a global trend towards the liberalization of abortion laws, with more than 60 countries and territories relaxing their restrictions. This shift is particularly notable in Latin America, with Colombia, Mexico, Argentina, and other countries in the region embracing the Green Wave movement.

While abortion is freely available on request in some countries, others impose regulations or restrictions, such as gestational limits. Many countries only allow abortion under specific circumstances, such as when the pregnancy is the result of rape or incest, or when there is a risk to the mother's health or life.

The legal status of abortion is a highly controversial topic, often influenced by religious, moral, ethical, practical, and political factors. Despite the varying laws and perspectives, it is important to recognize that access to safe abortion has been established as a human right by numerous international frameworks and human rights courts.

The road to law reform regarding abortion can be long and challenging, but it is crucial to ensure that everyone with an unwanted pregnancy has access to safe and legal abortion services.

Abortion laws in Latin America

In 2024, only four Latin American countries—Cuba, Puerto Rico, Uruguay, and Argentina—allowed abortion nationwide and without restrictions. In most other Latin American countries, abortion is only permitted under specific circumstances, such as when the pregnancy is the result of rape or incest, or when the pregnant person's life or physical or mental health is at risk. In Chile, abortion is only legal in a few cases, such as when the pregnancy poses a life risk or is the result of rape. In El Salvador, Honduras, and Nicaragua, abortion is completely banned.

In recent years, there has been a push for liberalisation in some Latin American countries. In 2020, Argentina became the latest Latin American country to legalise abortion, allowing the procedure without restrictions up to the 14th week of pregnancy. In Colombia, abortion was decriminalised in 2022, and in Mexico, about 40% of states now allow abortion early in pregnancy.

These changes have been driven in part by women's rights activists and organisations, who have long fought for the right to safe and legal abortion in Latin America. International human rights law also supports their claims, with interpretations of international law recognising that abortion is vital to women's exercise of their human rights.

Abortion laws in Africa

Abortion laws vary widely among countries and territories, and have changed over time. While abortion is freely available on request in some countries, others impose regulations, restrictions, or outright prohibition. Many countries that allow abortion have gestational limits for the procedure, with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risks to the woman's health or life.

In Africa, abortion laws differ across countries, with some criminalizing the procedure while others permit it under specific circumstances. Here is an overview of abortion laws in some African countries:

South Africa

Abortion in South Africa is legal by request when the pregnancy is under 13 weeks, with no reason needing to be provided. Between 13 and 20 weeks, pregnancy termination is allowed if the pregnancy significantly affects the pregnant person's social or economic circumstances, poses a risk of injury to their physical or mental health, or if the fetus is likely to suffer from severe abnormalities. If the pregnancy is more than 20 weeks, termination is legal if the fetus' life is in danger or there is a likelihood of serious birth defects. The Constitution of South Africa does not explicitly mention abortion but includes sections on reproductive rights, stating that everyone has the right to bodily and psychological integrity and access to reproductive health care services.

Zimbabwe and Kenya

In Zimbabwe and Kenya, abortion remains an option only under exceptional circumstances. For example, in Kenya, health care personnel have been prosecuted for providing post-abortion emergency care, and abortion activists have faced scrutiny and intimidation.

Malawi, Uganda, and Togo

The criminal codes of Malawi and Uganda, along with Togo's Public Health Law, criminalize anyone who self-manages an abortion or assists another person in doing so. These laws create vulnerability and risk for those seeking and providing abortions, censoring access to information and essential medicines.

Other African Countries

Some other African countries, such as Nigeria, have highly restrictive abortion laws that either completely ban abortion or allow it only to save the mother's life. These laws contribute to inequalities in access to safe and legal abortion care, impacting millions of women of reproductive age.

Abortion laws in Asia

Abortion laws vary widely among countries and territories, and have changed over time. Abortion laws in Asia are no exception to this, with countries on the continent having a range of different approaches to abortion.

Nepal is the only South Asian country to allow women access to abortion on request. Despite this, a lack of awareness of the law means that many women in Nepal are still unable to access safe abortions. The 2016 Demographic and Health Survey found that only four in ten Nepali women knew that abortion was legal, and less than half knew where to access one.

In India, abortion is legal and the country's new abortion law expands access by raising the gestation limit for abortion from 20 to 24 weeks and removing marital status as a limitation. However, the law continues to deny women's agency by leaving the final say to doctors. Despite abortion being legal in India, ten women die every day due to unsafe abortions.

Bhutan's abortion laws are more restrictive. Section 146 of the country's Penal Code only permits abortions to save the life of the woman, if the pregnancy is a result of rape or incest, or if the mother is not of sound mental condition. As a result, many Bhutanese women cross the border to India to seek abortions.

Pakistan's abortion laws are similarly restrictive, only permitting abortions to save a woman's life or protect her physical health. A survey of health professionals found that only 68% of women who have clandestine abortions in Pakistan obtain the procedure from doctors, nurses, or midwives.

Afghanistan has some of the most restrictive abortion laws in the region. Abortion is only legal in Afghanistan if the mother's life is in danger or there is a risk of the child being born with severe disabilities. Every two hours, a woman dies in Afghanistan due to pregnancy-related causes.

Overall, abortion laws in Asia vary significantly from country to country, with some offering greater access to abortion than others. While there has been a global trend towards the liberalization of abortion laws, some Asian countries continue to have restrictive laws and high maternal mortality rates as a result of unsafe abortions.

Abortion laws in Europe

Abortion laws vary across the world, with some countries freely allowing it on request, while others impose regulations, restrictions, or outright prohibitions. In Europe, the general trend has been towards liberalising abortion laws, with most countries allowing terminations in the first 12-14 weeks of pregnancy. However, there are still some countries in Europe that have strict abortion laws or ban abortion altogether. Here is an overview of abortion laws in Europe:

France

France has been at the forefront of abortion rights in Europe. In 2024, it became the first country to explicitly protect abortion rights in its constitution, guaranteeing women the freedom to end an unwanted pregnancy up until 14 weeks. This move was in direct response to the rollback of reproductive rights in the United States. France first legalised abortion in 1975 and was the first country to legalise mifepristone as an abortion drug in 1988.

Poland

Poland has taken a different approach to abortion, with a 2020 ruling by the Constitutional Tribunal outlawing all terminations due to foetal defects. This ruling sparked mass protests and has been criticised by the European Court of Human Rights. While terminations are permitted in cases of rape, incest, or if the mother's life is in danger, Poland's abortion laws remain highly restrictive.

Malta

Malta is the only EU country with a total ban on abortion. However, in 2023, the country eased its blanket ban to allow terminations if a woman's life is in danger. Despite this small shift, Malta's abortion laws remain highly contentious and have been the subject of protests and legal challenges.

United Kingdom

The United Kingdom permits abortion up to 24 weeks of pregnancy, but there is no limit if a woman's life is at risk or there is a serious foetal abnormality. During the COVID-19 pandemic, a "pills-by-post" scheme was introduced, allowing women to end pregnancies at home up to 10 weeks.

Italy

Italy, a predominantly Catholic country, has allowed terminations within 90 days of conception since 1978. However, accessing an abortion can be challenging as two-thirds of gynaecologists refuse to perform the procedure on moral or religious grounds. Italy's right-wing prime minister, Giorgia Meloni, is personally anti-abortion but has stated she will not seek to change the law.

Spain

Spain has made strides in abortion legislation, with parliament approving legislation in 2022 allowing girls aged 16 and 17 to have abortions without parental consent. Spain's 2010 abortion reform also allowed women to end unwanted pregnancies on demand within 14 weeks or up to 22 weeks in cases of severe foetal abnormalities.

Germany

Abortion laws in Germany are complex. Women can have an abortion until 12 weeks after conception, but it remains in the criminal code and can technically lead to jail sentences. Additionally, abortion was only removed from the Nazi-era law banning doctors from providing information about abortions in 2022. There are ongoing discussions about decriminalising abortion, but it remains a challenging issue due to the right to life being enshrined in the constitution.

Hungary

Hungary has had legal abortion in the first 12 weeks since 1953, but tightened its rules in 2022. This restriction was widely understood to mean that women seeking abortions would first have to listen to the foetal heartbeat. Hungary also requires women to undergo mandatory counselling before ending a pregnancy, a measure criticised by the World Health Organization.

Ireland

In 2018, Ireland held a landmark referendum, leading to the lifting of an almost total ban on abortion in 2019. This change was brought about by several factors, including a tragic case in 2012 where a woman died from sepsis after being refused an abortion while miscarrying. Abortion is now allowed up to 12 weeks of pregnancy and later if the foetus has a terminal condition or the woman's health is at risk.

Abortion laws in the US

In 2022, the Supreme Court overturned Roe v. Wade, which had established a federal right to abortion and protected a pregnant woman's right to get an abortion. This ruling means that states can now impose their own regulations on abortion, provided they satisfy rational basis review and do not conflict with federal law. As a result, some states have criminalized abortion, while others have strengthened protections.

Currently, abortion is completely illegal, with few exceptions, in 14 states. Ten states have so-called "trigger laws" intended to outlaw abortion, and two more states, Wyoming and Utah, also have trigger laws that are currently tied up in court. Indiana and West Virginia were the first states to pass new laws fully banning abortion. Other states, including Georgia, have enacted six-week bans, allowing abortion only up to two weeks after a missed period.

On the other hand, some states have reacted to the Supreme Court's decision by enacting measures to protect abortion access. Kansas became the first state to reject a proposed constitutional amendment that would have paved the way for abortion bans. Later, voters in Michigan, California, and Vermont voted to enshrine abortion rights in their state constitutions. In early 2023, the Minnesota legislature passed a bill guaranteeing the right to abortion.

The current landscape of abortion laws in the US is confusing and time-consuming for pregnant individuals to navigate. An estimated one-third of all women of reproductive age live in states where abortion is now banned. In addition, lawmakers in multiple states have passed legislation making it more difficult to access medication abortions, which account for more than half of all abortions in the US.

While abortion laws vary widely among countries and territories, the US stands as a stark outlier to the global trend toward liberalization of abortion laws. The criminalization of abortion has a compounding impact on marginalized communities, as health services are generally less accessible to people with low incomes, refugees, migrants, LGBTI individuals, and racialized and Indigenous people.

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