Abortion Legality: Country Laws And Their Stance

Abortion laws vary widely from country to country. While some countries allow abortion on request, others impose regulations, restrictions, or outright prohibitions. Abortion continues to be a controversial topic worldwide, sparking ethical, moral, religious, practical, and political debates. In 2022, the U.S. Supreme Court's decision to overturn Roe v. Wade removed the constitutional protection for abortion, leaving each state to determine its own abortion laws. This shift in the U.S. mirrors a global trend, with only a few countries rolling back abortion rights in recent decades. As of 2024, approximately 60% of the world's population resides in countries that legally permit abortion on request or for socioeconomic reasons. While abortion rates are similar in countries with and without legal abortion, unsafe abortions in areas where it is illegal lead to around 39,000 deaths annually.

Abortion laws by country

Abortion laws vary significantly across the world, with some countries freely providing abortions on request, while others enforce outright prohibition or varying restrictions.

Countries with abortion freely available on request

As of 2024, 67 countries have legalised or decriminalised abortion on request, with gestational limits for the procedure depending on the reason for termination. The majority of countries allow abortions up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. France, in 2024, became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights to its constitution in 1974.

Countries with restricted abortion access

More than 50 countries and regions, including Libya, Iran, Indonesia, Venezuela, and Nigeria, permit abortions only when the woman's health is at risk, be it physical or mental health. Some countries also allow exceptions for cases of rape, incest, or fetal abnormality. Brazil, for example, requires approval from a doctor and at least three other clinical experts for abortions in cases of rape, risk to the mother's life, or when the fetus has anencephaly.

Countries with a total ban on abortion

According to the Center for Reproductive Rights, there are 24 countries where abortion is completely prohibited, impacting around 90 million women of reproductive age. These countries include Andorra and Malta in Europe, El Salvador and Honduras in Central America, Senegal and Egypt in Africa, and the Philippines and Laos in Asia. In El Salvador, strict abortion laws have led to dozens of women being convicted of "aggravated homicide," even in cases of miscarriage.

Varying abortion laws within a country

Only two countries, the United States and the United Kingdom, have abortion laws that vary significantly at the state or subdivision level. In the United States, the Supreme Court's overturning of Roe v. Wade in 2022 removed nationwide protections for abortion rights, allowing each state to determine its own abortion policies. As a result, some states have criminalized abortion, while others have strengthened protections. In the United Kingdom, abortion laws differ across subdivisions, such as England, Wales, Scotland, and Northern Ireland, with varying gestational limits and circumstances under which abortion is permitted.

Abortion pills

Mifepristone blocks the hormone progesterone, which is needed for a pregnancy to grow normally. Misoprostol is taken up to 48 hours later and causes cramping and bleeding to empty the uterus. This process is similar to having a heavy, crampy period or an early miscarriage.

In the United States, abortion pills can be obtained from a health care provider or through the mail. However, there are varying state-level restrictions on abortion, and some states have laws that require an in-person visit before receiving abortion pills. Additionally, the U.S. Food and Drug Administration has not approved the importation of foreign-made abortion pills.

On a global scale, the trend is towards the liberalization of abortion laws, with more than 60 countries and territories liberalizing their laws over the past 30 years. However, there are still countries where abortion is prohibited or restricted, and the laws vary widely.

Gestational limits

Abortion laws vary widely from country to country, and many nations that allow the procedure have gestational limits in place. These limits depend on the reason for the abortion, with the majority of countries allowing abortion on request up to 12 weeks, extending to 24 weeks for rape, incest, or socioeconomic reasons, and beyond that for fetal impairment or a risk to the woman's health or life.

The most common gestational limit for countries that allow abortion on request is 12 weeks. This limit is calculated from the first day of the last menstrual period, which is considered to occur two weeks prior to conception. In some countries, gestational age limits are calculated from the date of conception or fertilization, in which case the limit is extended by two weeks.

In the United States, abortion on demand is permitted without restriction through viability, which usually occurs around 24 weeks. The US is one of only seven countries in the world that permit elective abortion past 20 weeks, along with Canada, China, the Netherlands, North Korea, Singapore, and Vietnam.

In Europe, 72 countries, including France and Germany, allow abortion subject to gestational time limits, with 12 weeks being the most common limit. However, there are often exceptions that allow abortions to take place later. For example, in the UK, there is a 24-week limit on abortion, but if the fetus has a disability such as Down's Syndrome, the pregnancy can be terminated right up until birth.

In Latin America, abortion rights activists have succeeded in pushing for less restrictive laws in several countries. Colombia, Argentina, and Mexico have recently decriminalized abortions following campaigns by women's rights and pro-choice groups. Colombia has set its gestational limit at 24 weeks, while Mexico has recognized the right to abortion early in pregnancy.

Abortion rights activism

Abortion-rights movements, also known as pro-choice movements, advocate for legal access to induced abortion services, including elective abortion. They seek to represent and support women who wish to terminate their pregnancies without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements, which are self-described as "pro-life".

Abortion-rights supporters argue that whether or not a pregnant woman continues with a pregnancy is her personal choice, as it involves her body, personal health, and future. They also argue that the availability of legal abortions reduces the exposure of women to the risks associated with illegal abortions. More broadly, abortion-rights advocates frame their arguments in terms of individual liberty, reproductive freedom, and reproductive rights.

Abortion-rights activism has a long history, dating back to the 19th century when early feminists expressed skepticism about outlawing abortion. The movement towards the liberalization of abortion law emerged in the 1920s and 1930s, with campaigners such as Marie Stopes in England and Margaret Sanger in the US bringing the issue into the open and establishing birth control clinics.

In the 1960s, an abortion reform movement emerged in the United States, with groups like "Jane" operating a floating abortion clinic in Chicago. The landmark 1973 Roe v. Wade ruling by the US Supreme Court struck down most state laws restricting abortion, decriminalizing and legalizing elective abortion in a number of states. However, this was overturned in 2022, with abortion rights now varying at the state level.

Despite setbacks, abortion-rights activism has led to significant changes in abortion laws around the world. In the past 30 years, more than 60 countries and territories have liberalized their abortion laws, with abortion rights being recognized as fundamental human rights. Notable examples include Ireland, which legalized abortion up to 12 weeks in 2018, and Latin American countries such as Colombia, Mexico, and Argentina, which have recently decriminalized abortion following waves of protests and campaigning by women's rights and pro-choice groups.

Abortion-rights advocacy is centered around a variety of organizations, with no single centralized decision-making body. Notable abortion-rights advocacy and lobbying groups include Planned Parenthood, the National Abortion Federation, the National Organization for Women, and the American Civil Liberties Union. Religious organizations, such as the Religious Coalition for Reproductive Choice and Catholics for Choice, have also played a significant role in abortion-rights activism.

Abortion bans

Countries with Abortion Bans

According to the Center for Reproductive Rights, a global legal advocacy organisation, there are 24 countries where abortion is banned altogether. These countries include El Salvador, Honduras, Nicaragua, the Dominican Republic, Egypt, Haiti, Iraq, Madagascar, the Philippines, Senegal, and Suriname. In these countries, abortion is prohibited regardless of the circumstances, and women can face severe penalties, such as lengthy prison sentences, if they undergo the procedure.

Gestational Limits and Country-Specific Bans

Many countries that allow abortion have gestational limits, with the majority setting the limit at 12 weeks for abortion on request, 24 weeks for rape, incest, or socioeconomic reasons, and longer for fetal impairment or risks to the woman's health or life. Some countries, like France, have explicitly protected abortion rights in their constitution, while others, like the United States, have left it to individual states to decide, resulting in a varied landscape of abortion laws within the same country.

Impact of Abortion Bans

Restrictive abortion laws can cause significant harm. According to the Center for Reproductive Rights, about 90 million women of reproductive age live in countries that prohibit abortion altogether. This lack of access to safe and legal abortion care impacts their lives, leading to approximately 39,000 deaths per year from unsafe abortions and the loss of educational and economic opportunities. Additionally, the denial of abortion care is considered a violation of human rights by human rights bodies, who have called for the decriminalisation of abortion and guaranteed access to safe abortion services.

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