Abortion Law: Unfair To Whom?

Abortion laws vary across the world. In some countries, such as the United States, Sierra Leone, Poland and Morocco, abortion is criminalised or restricted. In other countries, such as Canada, abortion is accessible without restriction. The trend over the past 30 years has been towards the liberalisation of abortion laws, with more than 60 countries and territories liberalising their laws during this period. However, the recent overturning of Roe v. Wade in the United States has been described as a devastating regression on abortion rights.

Abortion restrictions can cause enormous harm. They result in tens of thousands of deaths each year from unsafe abortions, as well as the loss of educational and economic opportunities, and the deepening of historical marginalisation. Human rights bodies have consistently condemned restrictive abortion laws, stating that they violate human rights.

Abortion restrictions disproportionately affect marginalised groups

The impact of restricted abortion access falls disproportionately on people of colour and low-income people, who will suffer a range of health and financial ramifications, compounding factors like poverty and systemic racism. In the U.S., people of colour and low-income people already face disproportionate impacts of poverty and are dealing with the consequences of systemic racism. Abortion restrictions will only make matters worse for these marginalised groups.

In addition to racial and income disparities, abortion restrictions also disproportionately affect other marginalised groups, including transgender men and non-binary people, adolescents, women with disabilities, survivors of sexual and domestic violence, refugees, and people from ethnic minorities. Service provision must ensure that it reaches and addresses the particular health needs of these marginalised populations in a dignified and respectful way.

The criminalisation of abortion and the existence of restrictive laws create barriers to safe abortion access for marginalised groups. Health services are generally less accessible to people on low incomes, refugees, migrants, LGBTI people, and racialised and Indigenous people. This makes it more difficult for individuals from these communities to seek safe services in another country or access private care.

Abortion restrictions do not stop people from seeking abortions but instead lead them to obtain unsafe abortions, which can have fatal consequences, such as maternal deaths and disabilities. Restrictive abortion laws are responsible for the deaths and millions of injuries to women who cannot afford safe, legal abortions.

Restrictive abortion laws violate human rights

The criminalisation of abortion and the existence of restrictive laws create barriers that prevent individuals from seeking abortions. This includes social stigma and intersectional discrimination, which marginalise those who are already vulnerable. Restrictive abortion laws disproportionately affect marginalised communities, such as low-income individuals, refugees, migrants, LGBTI+ people, and racialised and Indigenous people, as they face additional barriers to accessing safe services.

The denial of abortion care is a violation of human rights. Human rights bodies have consistently condemned restrictive abortion laws, emphasising that they should be decriminalised to guarantee access to safe abortion services. Restrictive abortion laws cause harm, including approximately 39,000 deaths per year from unsafe abortions, the loss of educational and economic opportunities, and the deepening of historical marginalisation.

Abortion restrictions also jeopardise a range of other human rights, such as the rights to non-discrimination and equality, life, health, information, freedom from torture and cruel, inhuman, and degrading treatment, privacy, bodily autonomy and integrity, liberty, and freedom of conscience and religion. Restrictive abortion laws can result in unsafe procedures, higher maternal mortality and morbidity, and increased risk of physical and mental health issues.

Furthermore, restrictive abortion laws do not reduce the rate of abortions. Instead, they push individuals seeking abortions, particularly those from marginalised communities, into unsafe and unregulated settings, increasing the risk of unsafe procedures and legal consequences. It is essential to recognise that restrictive abortion laws violate human rights and create significant harm, especially for vulnerable and marginalised individuals.

Abortion bans don't prevent abortions

Abortion bans do not prevent abortions. In fact, they can make abortions less safe. When access to abortion is restricted or criminalised, pregnant people, particularly those from marginalised communities, may resort to unsafe, clandestine abortions. This can lead to fatal consequences, such as maternal deaths and disabilities. Unsafe abortions are the third leading cause of preventable maternal deaths worldwide, according to the World Health Organization.

The criminalisation of abortion does not stop abortions from happening, but rather pushes them underground, making them more dangerous. This is evidenced by the fact that in countries where abortion is legal and accessible, people can obtain abortions safely and without risk.

In addition, abortion bans often disproportionately impact those from marginalised communities, as they may not have the resources or ability to travel to another country or state to access care. Furthermore, abortion bans can be used as a tool to control women's lives and limit their reproductive freedom.

Even in countries where abortion is restricted by law, such as the United States, these laws are often broken by millions of women and abortion providers. This demonstrates that abortion bans are ineffective in preventing abortions and only serve to endanger the lives of those seeking them.

The right to abortion is a human rights issue, as it is connected to the right to health, the right to non-discrimination, and the right to bodily and reproductive autonomy. Restricting access to abortion undermines these fundamental human rights and can have devastating consequences for those seeking abortions.

Abortion laws are becoming more liberal worldwide

In Latin America, the Green Wave movement has ushered in a new era of liberalization in countries such as Colombia, Mexico, Argentina, and others in the region. The movement has successfully advocated for reproductive rights, resulting in legal changes. For example, in 2021, the Supreme Court of Mexico found the absolute criminalization of abortion to be unconstitutional, and about 40% of Mexican states now comply with this ruling.

The trend towards liberalization is also evident in Europe. Ireland, for instance, has seen significant changes, moving from a near-total criminalization of abortion to allowing abortion on request during the first 12 weeks of pregnancy in certain cases. Similarly, in France, recent reforms have increased access to abortion and reduced barriers, removing the requirement for women to demonstrate they are in a "state of distress" to request an abortion.

While the global trend is towards liberalization, it is important to note that there are exceptions. The United States, for example, stands as a stark outlier with its recent regression on abortion rights, and only four countries have rolled back the legality of abortion. Additionally, restrictive abortion laws continue to cause harm, leading to approximately 39,000 deaths per year from unsafe abortions and the loss of educational and economic opportunities for women.

The liberalization of abortion laws worldwide is a testament to the growing recognition of reproductive rights as human rights. This shift has been driven by advocacy, activism, and the work of human rights bodies and organizations dedicated to ensuring that individuals, not politicians, make decisions about pregnancies.

The Hyde Amendment restricts insurance coverage for low-income people

The Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortions. It was first passed by the House of Representatives in 1976, and has been re-enacted every year since. The amendment prohibits federal funds from covering abortion services for people enrolled in Medicaid, Medicare, and the Children's Health Insurance Program (CHIP). It also restricts federal funding under the Indian Health Service, military health plans, federal prisons, the Peace Corps, and the Federal Employees Health Benefits Program.

The Hyde Amendment disproportionately affects people already facing systemic barriers to care, particularly Black, Indigenous, and other people of color. Among women aged 15-49, a greater proportion of Black and Hispanic women were enrolled in Medicaid in 2019 compared to White and Asian women. Half of the women of color aged 15-49 with Medicaid coverage but without abortion coverage are left without access to abortion care.

The amendment has been subject to several alterations and exceptions since its inception. The version in force from 1981 until 1993 prohibited the use of federal funds for abortions, "except where the life of the mother would be endangered if the fetus were carried to term". In 1993, President Clinton signed into law a new version of the Hyde Amendment that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.

The impact of the Hyde Amendment is significant. On average, an abortion at 10 weeks costs around $550, which could be someone's entire monthly rent payment. Many people living with low incomes experience delays in obtaining abortion care due to the time and effort spent gathering the necessary funds. People seeking an abortion can get caught in a cruel cycle, where delays associated with raising money can lead to additional costs and subsequent delays. Among women with Medicaid coverage subject to the Hyde Amendment, one in four who seek an abortion are forced to continue the pregnancy.

To promote equitable access to abortion care, Congress and the Biden-Harris administration must ensure it is affordable for everyone who wants to end a pregnancy. This includes removing the Hyde Amendment and related coverage bans from annual spending bills, and passing the Equal Access to Abortion Coverage in Health Insurance (EACH) Act to ensure people can obtain insurance coverage of abortion, regardless of how they get their coverage or care.

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