Abortion's Legal Definition: Understanding The Law's Stance

Abortion is a highly debated topic that has been discussed from various perspectives, including medical, legal, social, ethical, and religious. It refers to the termination of a pregnancy by removing or expelling an embryo or fetus, either through spontaneous or induced means. While the laws surrounding abortion vary widely among countries and territories, the core question remains: when, why, and how can a pregnancy be legally terminated?

In general, abortion laws can be categorized into three groups: those that allow abortion on request, those that impose regulations or restrictions, and those that prohibit it entirely. The legal timeframe for abortion also differs, with some countries permitting it up to 12 weeks, 24 weeks, or even later in cases of fetal impairment or risks to the mother's health.

The legality of abortion has been a subject of intense debate, with arguments centering around fetal rights, governmental authority, and women's rights. From a religious standpoint, abortion is often seen as ending the life of the fetus, and international laws generally criminalize it unless it is necessary to save the pregnant woman's life. However, the interpretation of when life begins and the rights of the pregnant individual vary across cultures and legal systems.

In the United States, landmark cases such as Roe v. Wade and Doe v. Bolton have shaped abortion law, with Roe v. Wade establishing that abortion is not a fundamental right under the US Constitution, leaving the decision to restrict or allow abortion to individual states.

The legality of abortion in different countries

Abortion laws vary widely among countries and territories and have changed over time. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights to its constitution in 1974.

Abortion laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; the majority allow abortion on request up to 12 weeks, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life.

In the 19th century, many Western countries began to codify abortion laws or place further restrictions on the practice. Anti-abortion movements were led by a combination of groups opposed to abortion on moral grounds and by medical professionals concerned about the danger presented by the procedure. Nevertheless, it became clear that illegal abortions continued to take place in large numbers even where abortions were stringently restricted.

By the first half of the 20th century, many countries had begun to liberalize abortion laws, at least when performed to protect the woman's life and, in some cases, on the woman's request. The Soviet Union became the first modern state to legalize abortions on request, with the law first introduced in the Russian SFSR in 1920. Some other countries that followed include Poland, Turkey, Denmark, Sweden, Iceland, Mexico, Japan, Yugoslavia, and the Soviet Union's satellite countries in Eastern Europe and West Asia.

In the United States, the Supreme Court held in 1973 that criminalizing abortion violated a woman's right to privacy, and that abortion should be a decision between a woman and her doctor. However, the court also held that US states have an interest in ensuring the safety and well-being of pregnant women, as well as the potential of human life. This opened a door to restrictions that become greater as pregnancy progresses, with states imposing restrictions that continue to tie up state and federal courts.

In 2022, the US Supreme Court changed the legal status of abortion once again by reversing Roe v. Wade and holding that there is no fundamental right to abortion guaranteed in the Constitution. Consequently, states are now able to pass legislation regulating abortion as long as it is for legitimate reasons. This makes the US a stark outlier to the global trend toward liberalization of abortion laws.

The history of abortion laws

In the 19th century, Lord Ellenborough codified abortion as an offence in statute law through the Malicious Shooting or Stabbing Act 1803, also known as Lord Ellenborough's Act. This legislation introduced capital punishment for wilfully and maliciously administering any destructive substance with the intent to cause a miscarriage. The Offences Against the Person Act 1861 further criminalised abortion, carrying a sentence of life imprisonment for performing or attempting to perform an abortion.

In the late 19th and early 20th centuries, abortifacients were discreetly advertised to women seeking abortions, and ''backstreet' abortionists were relatively common, despite their methods being potentially fatal. During this period, thousands of women resorted to these unsafe and illegal abortions, which often resulted in permanent health damage or death.

In 1929, the Infant Life (Preservation) Act was passed, criminalising the deliberate destruction of a child "capable of being born alive". This Act created a presumption that all children in utero over 28 weeks were viable.

In the 1930s, women's groups and MPs became increasingly concerned about the loss of life and health damage caused by unsafe and illegal abortions. The Conference of Co-operative Women passed a resolution in 1934 calling for the legalisation of abortion, and the Abortion Law Reform Association (ALRA) was established in 1936 to campaign for the same.

In 1938, the decision in R v Bourne extended the defence of abortion to include cases where it was necessary to prevent the woman from becoming a "mental and physical wreck". This case involved Dr Alex Bourne, who was acquitted of performing an illegal abortion on a 14-year-old rape victim.

In 1967, the Abortion Act was passed, legalising abortion under certain conditions. This Act came into effect in 1968 and allowed abortion up to 28 weeks if two registered medical practitioners believed that continuing the pregnancy would pose a risk to the life or physical or mental health of the pregnant woman, or of her existing children.

In 1990, the Human Fertilisation and Embryology Act amended the Abortion Act, lowering the time limit from 28 to 24 weeks for most cases, reflecting advances in medical technology.

While the Abortion Act has been unsuccessfully challenged several times by anti-abortion groups, proposals to fully decriminalise abortion in Great Britain have also been made in recent years.

The impact of abortion laws on maternal health

Abortion is defined as the voluntary termination of a pregnancy. Abortion laws vary widely among countries and territories, and they have changed over time. These laws range from abortion being freely available on request to outright prohibition in all circumstances.

On the other hand, abortion law reform and the liberalization of abortion laws have been associated with a decrease in maternal mortality rates, particularly in countries with previously restrictive abortion laws. Reforming abortion laws can improve the quality of abortion services, reduce the incidence of unsafe abortions, and improve access to safe and legal abortion options. This can have a positive impact on maternal health outcomes, especially in communities that have historically lacked access to reproductive healthcare.

Religious views on abortion

For several religions, a key issue in abortion rights is "ensoulment", or when the soul is believed to enter the body. Traditions place ensoulment at different moments and give it varying degrees of importance. For instance, Catholic theologians place ensoulment at the moment of conception, which is why abortion is never permitted according to the official position of the Catholic Church. From the moment of conception, a human exists in Catholic theology, and one cannot kill a human.

However, as in any faith, not all Catholics feel compelled to follow the church's teachings in all cases. Fifty-seven percent of US Catholics say abortion is morally wrong, but 68% still support Roe v. Wade, while only 14% believe that abortion should never be legal. Some Catholics advocate for abortion access because of their dedication to Catholic teachings, with the organisation Catholics for Choice describing its work as rooted in Catholicism's emphasis on "social justice, human dignity, and the primacy of conscience".

Protestant opinions on abortion vary, with the most conservative equating it with murder and opposing any exemptions, and the most liberal advocating for a broad platform of reproductive justice. Protestant religious leaders' attitudes towards abortion fall on a spectrum from "pro-life" to "pro-choice", with most expressing attitudes in the middle of this spectrum and describing more nuanced, complex, and sometimes contradictory views. These attitudes are rooted in Christian scripture and doctrine, which inform the advice and recommendations given to congregants.

Muslim scholars and clerics also have a range of positions on abortion, with some believing it is never permitted, and many allowing it until ensoulment, which is often placed at 120 days' gestation. In general, many Muslim leaders permit abortion to save the life of the mother, as classical Islamic law sees legal personhood as beginning at birth.

Jewish tradition features a great deal of debate about when ensoulment occurs, with various rabbinic texts placing it at or even before conception, and many placing it at birth. However, ensoulment is not as key as the legal status of the fetus under Jewish law. The Talmud, the main source of Jewish law, refers to the fetus as part of the mother's body, and the biblical Book of Exodus notes that if a pregnant woman is attacked and then miscarries, the attacker owes a fine but is not guilty of murder. In Jewish law, a fetus is thus protected as a "potential person" but does not hold the same personhood as its mother. Jewish clergy generally agree that abortion is permitted, and even mandated, to save the life of the mother, as potential life must be sacrificed to save existing life.

In summary, while formal religious teachings on abortion are complex and divided, the majority of Americans, religious or not, support abortion.

Public opinion on abortion

A survey conducted in April 2024 found that 85% of Democrats and Democratic leaners say abortion should be legal in all or most cases, compared to 57% of Republicans and Republican leaners. Independents tend to be more supportive of abortion legality, with 67% saying it should be legal in all or most cases.

There is also a gender gap in opinions on abortion, with 64% of women and 61% of men expressing support for legal abortion. However, this gap is more pronounced among Republicans, with 39% of Republican women and 34% of Republican men supporting abortion legality.

Age also plays a factor in public opinion on abortion. Adults under 30 are more likely to support abortion legality, with 76% saying it should be legal in all or most cases, compared to 57% of those in their 50s and early 60s.

Overall, while public opinion on abortion in the US is divided, a majority of Americans continue to believe that abortion should be legal in at least some situations.

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