Abortion Laws: A Global Overview Of Country Counts

Abortion laws vary widely across the world, with some countries offering free access, and others imposing outright prohibition. In 2024, France became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights in 1974. As of 2022, countries that legally allow abortion comprise about 60% of the world's population. However, restrictive abortion laws affect 700 million women of reproductive age globally, and the United States is a notable outlier to the global trend towards liberalization.

Abortion laws in the US

Currently, abortion is illegal in about half of US states, with varying exceptions and restrictions. For example, Alabama prohibits abortion with exceptions to preserve the pregnant individual's life or physical health, while Arizona allows abortion up to the 15th week of pregnancy. On the other hand, states like Alaska and Colorado permit abortion at all stages of pregnancy.

The US is an outlier to the global trend towards the liberalization of abortion laws. The Center for Reproductive Rights reports that 40% of women worldwide live in countries with restrictive abortion laws, and the number of countries liberalizing their abortion laws continues to grow.

Abortion laws in Europe

Abortion laws vary widely among countries and territories and have changed over time. The laws range from abortion being freely available on request to regulation or restrictions of various kinds, to outright prohibition in all circumstances.

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 that ban abortion in almost all circumstances, including Malta, Poland, Liechtenstein, Monaco, Andorra, and the Faroe Islands.

France

France has made abortion a constitutional right after lawmakers backed the move by 780 votes to 72 in a rare joint session of parliament. This makes France the only country to explicitly guarantee the right to abortion in its constitution. French women have a "guaranteed freedom" to end an unwanted pregnancy up until 14 weeks.

Poland

Poland's Constitutional Tribunal rolled back women's right to terminate pregnancies in 2020, ruling that abortions can only be performed in cases of rape, incest, or if the mother's life is in danger. This has sparked mass protests, and the newly appointed liberal prime minister, Donald Tusk, wants to allow abortion up to 12 weeks.

United Kingdom

Abortion is permitted up to 24 weeks of pregnancy in the UK, but there is no limit if the woman's life is at risk or there is a serious foetal abnormality. A "pills-by-post" scheme introduced during the COVID-19 pandemic allows women to end pregnancies at home up to 10 weeks.

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 the woman's life is in danger.

Italy

Italy has allowed terminations within 90 days of conception since 1978, but accessing an abortion can be difficult as two-thirds of gynaecologists refuse to perform the procedure on moral or religious grounds.

Spain

In Spain, girls aged 16 and 17 can have abortions without parental consent, and there is no mandatory "reflection" period for women seeking terminations. Abortions are allowed on demand within 14 weeks or up to 22 weeks in cases of severe foetal abnormalities.

Germany

Women in Germany can have an abortion until 12 weeks after conception, but they must undergo counselling beforehand. However, abortion remains in the criminal code and can technically lead to jail sentences of up to three years.

Hungary

Hungary tightened its abortion rules in 2022, requiring women seeking abortions to first listen to the foetal heartbeat. Hungary also mandates counselling for women seeking abortions, a measure criticised by the World Health Organization.

Ireland

Ireland lifted an almost total ban on abortion in 2019 following a landslide referendum in 2018. 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 Latin America

Abortion laws vary widely among countries and territories, and Latin America is no exception. In the region, abortion is only legal nationwide and without restrictions as to cause in four countries: Cuba, Puerto Rico, Uruguay, and Argentina. In most other Latin American countries, abortion is highly restricted, with exceptions provided only when necessary to save the pregnant woman's life and in certain other narrowly defined circumstances. Chile, El Salvador, and the Dominican Republic provide no exceptions or extenuating circumstances for the criminal sanctions on abortion.

In recent years, there has been a push for more liberal abortion laws in Latin America, with countries such as Colombia, Mexico, Argentina, and Uruguay leading the way. In 2020, Argentina became the latest Latin American country to legalize abortion no matter the cause, up until the 14th week of pregnancy. Previously, voluntary pregnancy interruption was only allowed under certain circumstances, such as in cases of rape or if the pregnant person's health or life was in danger. This change in the law was reflected in public opinion, as a survey showed that up to 41% of Argentinians either strongly or somewhat agreed that abortion should be decriminalized.

In Brazil, pregnancy termination is decriminalized in three situations: if the pregnancy is the result of rape, if performing an abortion is the only way to save the pregnant person's life, or if the fetus suffers from anencephaly. Mexico also has more progressive abortion laws in certain states, such as Mexico City, Oaxaca, Hidalgo, and Veracruz, where pregnancy termination is decriminalized up to 12 weeks of gestation.

However, in other parts of Latin America, abortion laws remain highly restrictive. In El Salvador, abortion is illegal under all circumstances, including rape, incest, and risk to the mother's health, with women facing criminal penalties of up to 40 years in prison. Nicaragua, for example, has debated removing the possibility of waiving criminal penalties for abortion when the woman's life is in danger.

The Catholic Church, which remains highly influential in Latin America, generally opposes the legalization of abortion. The American Convention on Human Rights, which had 23 Latin American parties in 2013, declares human life as commencing with conception.

Abortion laws in Asia

Abortion laws vary widely across the world, and in Asia, these laws differ from country to country. Abortion laws in Asia range from abortion being freely available on request to outright prohibition in all circumstances. In some countries, abortion is only allowed under specific circumstances, such as to protect the woman's life or health, or in cases of rape, incest, or socioeconomic reasons.

In South Asia, abortion laws vary significantly. For instance, in Bhutan, abortion is only legal if it is to save the woman's life or if the pregnancy resulted from incest, rape, or if the mother is not of sound mental condition. As a result, many Bhutanese women cross the border to India, where abortion laws are more liberal but remain dangerous. India's abortion laws were expanded to increase the gestation limit for abortion from 20 to 24 weeks and remove marital status as a limitation. However, the law still denies women's agency by giving doctors the final say. Nepal is the only South Asian country that allows women access to abortion on request, but even there, access to safe and legal abortions remains limited.

Afghanistan and Sri Lanka have some of the most restrictive and punitive abortion laws in the region. Abortion is a taboo in Afghanistan, which has the highest birth rate in Asia. It is only legal if the mother's life is in danger or if there is a risk of severe disabilities for the child. In Sri Lanka, illegal abortions are easily accessible, and the government's attempts to reform abortion laws have failed due to anti-abortion sentiments.

In Pakistan, abortion is permitted to save a woman's life or protect her physical health, but a significant number of women obtain clandestine abortions from traditional providers, pharmacists, or self-induce, increasing their risk of complications.

While abortion laws in Asia vary, access to safe abortions remains a challenge across the region, contributing to high maternal mortality rates.

Abortion laws in Africa

Abortion laws vary widely across the world, and within Africa, there are significant disparities between nations. This essay will focus on three African countries with very different abortion laws: Nigeria, Ghana, and South Africa.

Nigeria

Abortion in Nigeria is illegal and carries a heavy jail sentence of up to 14 years unless performed to save the pregnant woman's life. This means that women who seek abortions for reasons such as rape, failure of contraception, or an inability to care for a child may face dangerous, clandestine procedures that put their health and lives at risk. The lack of official data due to the covert nature of abortions in the country makes it difficult to know the exact number of abortions performed in Nigeria annually. However, it is estimated that over 1,000,000 abortions occur, with illegal abortions contributing to the high maternal death rate in the country.

Ghana

Ghana's abortion laws are more permissive than Nigeria's, allowing abortions to be carried out by licensed health workers in approved institutions in cases of rape, incest, fetal deformity, or to protect physical or mental health. Despite this, abortion remains highly stigmatized in Ghana, and many women continue to seek illegal abortions, contributing to the country's high maternal mortality rate. Efforts to expand access to safe abortion services and post-abortion care have been made, but several factors, including stigmatization, poor knowledge of the law, and inadequate access to services, continue to impede their use.

South Africa

South Africa is known for its liberal abortion laws, which allow women of any age or marital status to access abortion services upon request during the first 12 weeks of pregnancy and, in certain cases, up to 20 weeks. Abortion services are provided for free at government hospitals and for a fee at private clinics. The Choice on Termination of Pregnancy Act, which came into force in 1997, was a significant step forward in ensuring that all women in South Africa have access to safe and legal abortions. However, geographical, financial, and cultural inequalities continue to prevent some women from accessing these services.

The varying abortion laws in Africa have significant implications for women's reproductive health and rights. While some countries, like South Africa, have liberal laws that provide access to safe abortions, others, like Nigeria and Ghana, have more restrictive laws that lead to dangerous, clandestine abortions and high maternal mortality rates. It is essential to recognize that effective contraception services and access to safe and legal abortion services are crucial in reducing the prevalence of unsafe abortions and protecting women's health and lives.

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