Abortion Law: Unjust Or Justified?

Abortion is a highly contentious issue that has sparked debates about women's rights, bodily autonomy, and the legal and ethical implications of terminating a pregnancy. The discussion surrounding abortion often revolves around the question of whether it constitutes an unjust law or a necessary medical procedure.

Abortion laws vary across the globe, with some countries criminalizing it entirely, while others permit it under specific circumstances. In June 2022, the U.S. Supreme Court overturned Roe v. Wade, allowing individual states to ban abortion. This decision has sparked widespread protests and highlighted the impact of restrictive abortion laws on women's reproductive rights and health.

Proponents of abortion rights argue that it is a fundamental human right, essential for ensuring bodily autonomy and gender equality. They emphasize that criminalizing abortion does not prevent it but instead pushes the procedure underground, leading to unsafe practices and higher maternal mortality rates. On the other hand, opponents of abortion view it as a form of discrimination against the unborn, believing that life begins at conception and that the unborn child has a right to life.

The debate surrounding abortion is complex and multifaceted, involving ethical, legal, religious, and social considerations. As societies continue to grapple with this issue, it is crucial to recognize the impact of abortion laws on women's lives and wellbeing and to strive for policies that balance the rights and interests of all involved parties.

The criminalisation of abortion

Abortion is a medical procedure that ends a pregnancy and is considered basic healthcare for millions of women, girls and people who can get pregnant. It is estimated that one in four pregnancies ends in abortion every year. In places where abortion is legal and accessible, people can obtain abortions safely and without risk. However, in places where abortion is stigmatised, criminalised or restricted, people are forced to resort to unsafe abortions, which can lead to fatal consequences such as maternal deaths and disabilities.

The World Health Organization (WHO) has identified decriminalisation as a necessary step towards ensuring safe abortions and protecting the health and lives of pregnant individuals. Decriminalisation involves removing abortion from penal/criminal laws and ensuring that there are no criminal penalties for those who have abortions, assist with abortions or provide information about abortions. It is important to note that decriminalisation does not make pregnant individuals vulnerable to forced or coerced abortions, as these non-consensual interventions would constitute serious assault.

To address these issues, it is crucial to recommend the full decriminalisation of abortion and ensure that abortion is treated like any other form of healthcare. This includes removing criminal sanctions, not involving the police or courts, and applying existing laws to deal with dangerous or negligent practices. Additionally, it is essential to address the social, cultural and economic barriers that hinder individuals' ability to exercise their reproductive rights.

The social stigma of abortion

Abortion stigma is a global phenomenon that exists in both developed and developing countries. It is a discrediting of individuals as a result of their association with abortion, including women who have had abortions, individuals who work in facilities that provide abortions, and supporters of women who have had abortions. This stigma can lead to unsafe abortions, as women seek to avoid the judgement of society.

Even in countries where abortion is legal, it may be difficult to access due to social stigma, with medical staff refusing to provide abortions on religious or moral grounds. This was the case in Northern Ireland, where, despite the recent decriminalisation of abortion, women still face obstructed access to services and abortion stigma. Similarly, in Turkey, while abortion is legally permitted, recent years have seen administrative changes that make it extremely difficult to obtain an abortion in a state hospital.

Abortion stigma is influenced by a variety of factors, including social norms about contraception, community acceptance of family planning, and the media discussion of family planning. For example, a study in Luanda, Angola, found that higher levels of partner engagement in family planning discussions were associated with increased stigma. Additionally, perceived community acceptance of family planning and media discussion of family planning were associated with a decreased likelihood of helping someone receive an abortion.

The social stigma surrounding abortion can have negative consequences for women's mental and physical health, silencing their ability to speak about their experiences and limiting their access to safe abortion services. It can also contribute to unsafe abortions, as women may resort to clandestine procedures to avoid judgement.

To address abortion stigma, it is necessary to consider interventions at all levels of the socio-ecological model, including individual, community, and structural levels. This may include promoting positive attitudes towards safe abortion, addressing social, cultural, and economic barriers, and ensuring that health professionals provide abortion care without judgement or discrimination.

Abortion as a human right

Abortion is a human right. It is a basic healthcare need for millions of women, girls, and people who can become pregnant. An abortion is a medical procedure that ends a pregnancy. It is estimated that one in four pregnancies ends in abortion every year.

Abortion is a human rights issue because laws and policies that affect the lives of all persons who can become pregnant must ensure access to abortion and full bodily autonomy. Laws restricting access to safe abortion violate the human rights of women and people who can get pregnant. Those who are already marginalized are disproportionately affected by such laws.

The criminalization of abortion is an overt form of discrimination against women, girls, and all people who can become pregnant. It limits their right to decide whether and when to reproduce, a right recognized by human rights authorities as integral to physical and mental integrity and to their dignity and worth as human beings. Restrictive abortion laws are being broken daily by millions of women and numerous abortion providers. Research has shown that when abortion is banned or restricted, the number of abortions does not decrease. Abortions just move underground.

Everyone has the right to bodily autonomy, which is why anyone who can get pregnant should be able to get an abortion. International human rights law clearly spells out that decisions about your body are yours alone. Forcing someone to carry on an unwanted pregnancy, or forcing them to seek out an unsafe abortion, is a violation of their human rights, including the rights to privacy and bodily and reproductive autonomy.

The right to get an abortion is connected to many of the rights enshrined in the Universal Declaration of Human Rights, such as the right to nondiscrimination and the right to be free from torture.

The impact of restrictive abortion laws

Restrictive abortion laws have a range of negative impacts on people seeking abortions, particularly those from marginalised communities.

Firstly, they can lead to unsafe abortions, which carry significant health risks. The World Health Organization estimates that 23,000 women die each year from unsafe abortions, with tens of thousands more experiencing health complications. Restrictive laws can also result in people seeking abortions outside of their country or state, which may be costly and logistically challenging. This is especially true for those from low-income backgrounds or other marginalised groups, who may not have the financial means or freedom to travel.

Furthermore, restrictive abortion laws can perpetuate social stigma surrounding abortion, making it more difficult for people to access safe and legal abortion services. This stigma can also extend to healthcare workers, who may refuse to provide abortions due to personal or religious beliefs. The criminalisation of abortion further compounds these issues, creating a "chilling effect" that deters people from seeking post-abortion care for complications.

Additionally, restrictive abortion laws can disproportionately impact women's education, workforce participation, and political life. By restricting access to safe and legal abortions, these laws can force women to continue unwanted pregnancies, potentially leading to mistimed births that can disrupt their education, careers, and lives.

Finally, restrictive abortion laws can result in violations of human rights, including the right to life, health, privacy, equality, and freedom from cruel, inhuman, and degrading treatment. These laws can also hinder people's ability to exercise reproductive autonomy and make decisions about their own bodies and futures.

The consequences of unsafe abortions

Unsafe abortions have severe consequences for women's health and lives, and also for society as a whole. According to the World Health Organization, about 22 million unsafe abortions are performed annually, by untrained persons or in environments that do not meet minimal medical standards. The WHO estimates that 47,000 women and girls die each year, and another 5 million suffer long-term disabilities.

Unsafe abortions can lead to physical and mental health complications, as well as social and financial burdens for women, communities, and health systems. Physical health risks include incomplete abortion, haemorrhage, uterine perforation, and damage to the genital tract and internal organs. The stigma associated with illegal abortion, poor health systems, and poverty all contribute to the high health risks and costs of unsafe abortions.

Unsafe abortions are a leading cause of maternal death worldwide, with an estimated 70,000 deaths each year, or one in eight pregnancy-related deaths. Approximately eight million women suffer post-abortion complications annually, which can lead to anemia, prolonged weakness, chronic inflammation of the reproductive tract, and secondary infertility.

The costs of treating the health consequences of unsafe abortions are significant. In Africa, a government spends, on average, at least $114 per case, while in Latin America, the cost is $130 per case. The total per capita spending on healthcare in these regions is $48 and $329, respectively.

Unsafe abortions are often the result of restrictive abortion laws and a lack of access to safe and legal abortion services. Restrictive laws do not reduce the number of abortions but instead force women to seek clandestine and unsafe means to end unwanted pregnancies. This is particularly true in developing countries, where the vast majority of unsafe abortions occur.

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