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Abortion laws are a form of public policy as they are government regulations that address a societal issue. The topic of abortion is highly debated, with varying opinions on whether it should be legal or not. In 1973, the Supreme Court made abortion legal in every state with its decision in Roe v. Wade. However, in June 2022, the Supreme Court overturned Roe v. Wade, allowing states to ban abortion outright. As of October 2024, public opinion in the U.S. on abortion is divided, with 63% supporting legal abortion in all or most cases and 36% believing it should be illegal in all or most cases.
What You'll Learn
The decriminalisation of abortion
Abortion is a medical procedure that ends a pregnancy. It is a basic healthcare need 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, accessible, and carries less stigma, people can get 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.
In some countries, such as the United States, Sierra Leone, Poland, and Morocco, abortion is criminalised or highly restricted. These laws vary, with some countries imposing life imprisonment for those who seek or provide abortions. However, criminalising abortion does not stop abortions from happening; instead, it pushes people towards unsafe and clandestine abortions.
The impact of decriminalisation on access to abortion services can be complex and vary depending on the local context. In some cases, decriminalisation has led to improved access, while in others, it has had little effect or even reduced access. For instance, in the Australian Capital Territory, decriminalisation removed a 72-hour waiting period for abortions, improving access. On the other hand, in Tasmania, decriminalisation coincided with a decline in private abortion clinics, reducing access for women in that state.
To ensure equitable access to abortion services, it is crucial for public health systems to take responsibility for providing these services. Additionally, ongoing activism and advocacy are essential to counter the social, cultural, and economic barriers that hinder people's ability to exercise their reproductive rights.
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The impact of abortion laws on public health
Abortion laws have a significant impact on public health, influencing the safety and accessibility of abortion procedures. The legalisation of abortion can improve public health outcomes by reducing unsafe abortions and associated complications, while restrictive laws can hinder access to safe abortion services, leading to adverse health consequences.
Impact of Legal Abortion
The legalisation of abortion has been linked to improved public health outcomes. In the United States, the Roe v. Wade decision in 1973 legalised abortion nationwide, resulting in a significant increase in the number of legal abortions. This led to a decline in unsafe abortions, as women could now terminate pregnancies safely and legally. The availability of legal abortion also reduced costs for women, as they could obtain abortions closer to home. Additionally, legalisation contributed to a reduction in abortion-related morbidity and mortality. The number of abortion-related deaths per million live births decreased sharply, with a more significant drop in deaths from illegal abortions. Legal abortion was also found to be safer than continuing a pregnancy to term, as the risk of major surgery was much lower.
The legalisation of abortion has empowered women, particularly those from racial minorities, to make informed decisions about their reproductive health. It has allowed women to safely terminate unintended pregnancies, reducing the number of unwanted pregnancies and births. This has positively impacted their physical and mental health, as well as their socioeconomic well-being.
Impact of Restrictive Abortion Laws
Restrictive abortion laws create barriers to accessing safe and timely abortion services, leading to negative health consequences. In countries with highly restrictive abortion laws, women often resort to unsafe abortion methods. Globally, it is estimated that 45% of abortions are unsafe, with a higher proportion occurring in regions with restrictive laws, such as Latin America and Africa. In these regions, unsafe abortions are common, and death rates are significantly higher, exceeding 200 deaths per 100,000 abortions.
Restrictive laws can also lead to increased financial burdens and distress for women seeking abortions. For example, laws that require women to travel to obtain legal abortions or impose mandatory waiting periods result in loss of income and additional costs. Additionally, the stigma associated with abortion in some regions further discourages women from seeking safe and legal abortions, putting their health and well-being at risk.
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Abortion as a human rights issue
Abortion is a human rights issue. It is a basic healthcare need for millions of women, girls, and people who can become pregnant. An estimated one in four pregnancies ends in abortion every year.
Abortion laws and policies must ensure full bodily autonomy for those who can become pregnant. Restricting access to safe abortions violates the human rights of women and people who can get pregnant. Marginalized communities, including people on fixed or lower incomes, refugees, migrants, adolescents, and members of the LGBTQIA+ community, are disproportionately affected by such laws.
The criminalization of abortion is a form of discrimination against those 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, dignity, and worth as human beings.
The right to privacy entails an individual's decision to pursue a voluntary termination of pregnancy and must be protected by the State and from third-party interference. While states can regulate abortion, they must ensure that restrictions do not endanger people's lives.
The criminalization of abortion also violates the rights to security, liberty, equality, and non-discrimination. It instills fear around seeking an abortion and emergency services for pregnancy-related complications, including miscarriages. It compels pregnant people to obtain unsafe abortions, leading to an increase in preventable maternal mortality and morbidity.
In certain cases, the denial or delay of safe abortion that results in degrading and inhumane treatment may amount to torture and gender-based violence.
Access to safe and legal abortion is a matter of human rights. Restricting or banning abortion access jeopardizes a range of human rights, including the rights to non-discrimination and equality; life, health, and information; freedom from torture and cruel, inhuman, and degrading treatment; privacy and bodily autonomy and integrity; liberty; and freedom of conscience and religion.
Human rights treaty bodies have consistently called for the decriminalization of abortion and the full realization of sexual and reproductive rights, including access to safe and legal abortion.
Reproductive rights, including the right to access abortion, are grounded in internationally recognized human rights. Guaranteeing access to abortion is a public health and human rights imperative.
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Barriers to accessing abortion
There are many barriers that prevent people from seeking abortions, including criminalisation, social stigma, and intersectional discrimination and marginalisation.
Criminalisation
In some countries, such as the United States, Sierra Leone, Poland, and Morocco, getting an abortion or helping someone have an abortion is criminalised. The laws that restrict abortion vary between countries, with some places like Equatorial Guinea and Zambia issuing life imprisonment to those who seek an abortion.
Social Stigma
Even in countries where abortion is legal, it might be difficult to access due to cost, distance to services, social stigma, or religiously reinforced conservative attitudes. Medical staff may refuse to provide abortions on grounds of conscience or religion.
Financial Barriers
Some people are not able to get an abortion because they can't afford to take time off work for appointments or because they can't afford to travel to another country or state to receive care.
Restrictive Laws
Restrictive laws on abortion prevent health-care providers from providing the best care options for their patients, in line with good medical practice and their professional ethical responsibilities.
Lack of Information
A lack of information, resources, or referrals can also prevent people from accessing abortions.
Limited Options
Limited clinic options, such as a lack of clinics in a given area, can make it difficult for people to access abortions.
System Navigation Issues
System navigation issues, such as the need to make multiple visits to the procedure clinic or encountering crisis pregnancy centres that delay abortion care, can also create barriers to accessing abortions.
Political Conditions
Political conditions, such as restrictive laws and policies, can hinder people's ability to exercise their reproductive autonomy.
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The role of religion in abortion law
Religion has played a significant role in shaping abortion laws and policies worldwide. While some religions take an absolute stance against abortion, others offer nuanced perspectives that consider various factors. Here is an exploration of the role of religion in abortion laws.
The Influence of Religious Conservatives
Religious conservatives across various faiths often perceive abortion as murder. This belief stems from the idea that life begins at conception, and terminating a pregnancy is equivalent to taking a life. This perspective has significantly influenced abortion laws and policies, with religious conservatives advocating for restrictions and prohibitions. Their efforts have resulted in laws that impose criminal sanctions, creating barriers for individuals seeking abortions.
Religious Views on Abortion
Numerous religious traditions offer diverse perspectives on abortion. While some religions, like certain strands of Christianity and Islam, oppose abortion, others present more nuanced stances. For instance, some Buddhist sources consider life to begin at conception, while others acknowledge the continuum of life without a discernible starting point, making the abortion debate more complex.
The Baháʼí Faith, while strongly deprecating abortion for eliminating an unwanted child, allows for medical reasons, rape, incest, lack of fetal viability, and the mother's health. Hindu texts generally condemn abortion but provide exceptions for cases where the fetus is defective or the mother's life is at risk. Sikhism, though not explicitly prohibiting abortion, views it as interfering with God's creative work.
Religion and Abortion Stigma
Religion also influences the stigma associated with abortion. In countries with strong religious influences, such as the United States, women obtaining abortions may experience internalized, felt, and enacted stigma. They may struggle with spiritual concerns, guilt, and conflict between their personal beliefs and those of their religious communities. This stigma can lead to shame, self-judgment, and fear of condemnation from family and community members.
The Impact on Abortion Laws
The religious influence over a country's population is a significant factor in determining the legality of abortion. In nations with a strong religious presence, such as those with a high percentage of Catholics or Evangelical Christians, there tend to be more resources and votes in favor of restrictive abortion laws. These religious groups actively participate in interest advocacy groups, lobbying, and campaigning against abortion.
The Intersection of Religion and Public Policy
While abortion laws are shaped by a multitude of factors, including public health, human rights, and social justice considerations, religion remains an underlying influence. The separation of church and state is often challenged when religious views on abortion inform public policy. This intersection of religion and law has real-world implications for individuals seeking abortions, as well as for healthcare providers and policymakers.
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Frequently asked questions
Public policy refers to the actions and decisions made by the government that aim to address societal issues and problems. It involves creating laws, regulations, and programmes to achieve specific goals and improve the well-being of its citizens.
Yes, abortion law falls under public policy as it is a government decision that impacts societal issues. The laws surrounding abortion vary across different countries and states, with some places criminalising it and others providing access to safe and legal abortions.
Abortion is a public policy issue as it concerns the health and rights of individuals, particularly women, girls, and those who can become pregnant. It involves ethical, legal, and social considerations, and has implications for public health, gender equality, and reproductive rights.
Some may argue that abortion is a private matter and should not be subject to government intervention. They may view abortion as a moral or religious issue rather than a public policy concern. Additionally, the criminalisation of abortion can lead to unsafe practices and negatively impact those who are already marginalised.
Treating abortion as a public policy issue has significant implications for individuals and society. It can determine the accessibility, safety, and legality of abortion services, impacting the health and rights of those seeking abortions. It also influences the role of healthcare providers and the allocation of resources within the healthcare system.