Abortion Laws: Real Or Imagined?

Abortion laws vary across the world, with some countries liberalizing their abortion laws and others restricting them. In the United States, abortion laws vary from state to state, with some states banning abortion and others protecting it. The Supreme Court's decision to overturn Roe v. Wade in 2022 removed nationwide protections for abortion rights, allowing states to criminalize or restrict abortion access. This has led to a patchwork of abortion laws across the country, with some states criminalizing abortion and others strengthening protections. The debate surrounding abortion is complex and multifaceted, with those in favor of abortion rights advocating for patient choice and bodily autonomy, while those opposed to abortion argue that the fetus has a right to live. The legality of abortion continues to be a divisive issue in American politics and culture, with ongoing legal challenges and state-by-state variations in abortion access.

The impact of the overturning of Roe v. Wade in 2022

On 24 June 2022, the Supreme Court of the United States overturned Roe v. Wade, the 1973 Supreme Court decision that had guaranteed a woman's constitutional right to obtain an abortion. The overturning of Roe v. Wade has had a profound impact on abortion access and reproductive rights in the United States and beyond.

Impact on Abortion Access in the United States

The overturning of Roe v. Wade removed the nationwide protection for abortion rights in the United States, allowing individual states to determine the legality of abortion. As a result, abortion access has been severely restricted in many states. As of 2022, 14 states have made abortion illegal, and 26 states have multiple bans in place or are expected to implement them. These restrictions have been achieved through various means, including "trigger bans", gestational bans, and laws prohibiting specific methods of abortion care. The impact of these restrictions has been significant, with abortion no longer available in large swaths of the country. This has resulted in increased travel for those seeking abortions, as people are forced to travel to other states with more protective laws.

Global Impact on Abortion Rights

The overturning of Roe v. Wade has also had a global impact, emboldening anti-abortion rights groups internationally. In the United Kingdom, for example, there has been a significant increase in harassment and protests outside abortion clinics, with team members being called "murderers" and patients being handed plastic foetuses. Similar tactics have been employed in Africa, with anti-abortion rights groups becoming more organised, sophisticated, and well-funded. For instance, in Ethiopia, one such group has publicly called on the government to follow the United States in restricting abortion laws.

Health and Social Consequences

The loss of Roe v. Wade has had significant health and social consequences, particularly for midlife women, poor women, and women of colour. Midlife women, defined as those between 40 and 65 years of age, face unique challenges regarding unintended pregnancies and access to reproductive health services. Poor women and women of colour are disproportionately impacted by abortion restrictions, as they often have more limited financial resources and transportation options, making it more difficult to travel out of state for an abortion. Additionally, abortion restrictions can lead to unsafe abortions, with nearly 39,000 deaths per year worldwide due to unsafe abortion practices.

Impact on Other Rights

The overturning of Roe v. Wade has also raised concerns about the potential impact on other rights. Justice Clarence Thomas, in a concurring opinion, suggested that the legal rationale for the decision could be applied to overturn other major cases, including those legalising gay marriage and protecting the rights of married people to access contraception. This has sparked fears that the decision could have far-reaching consequences beyond abortion rights.

Abortion laws in individual states

In June 2022, the US Supreme Court overturned Roe v. Wade, which had recognised a nationwide, constitutional right to abortion. This decision has given individual states the power to create their own abortion laws, resulting in a varied landscape of abortion rights and restrictions across the country.

Currently, 13 to 14 states have made abortion completely illegal, with few exceptions. These include Indiana, West Virginia, Georgia, and Wyoming. These states have either passed new laws banning abortion or had "trigger laws" in place, which were intended to outlaw abortion if the Supreme Court reversed Roe v. Wade. North Carolina is the only place in the Southeast to access legal abortion after six weeks of gestation, as it bans abortion after 12 weeks.

On the other hand, some states have reacted to the Supreme Court's decision by enacting measures to protect abortion access. Kansas was the first state to do so, with 59% of voters rejecting a proposed constitutional amendment that would have allowed abortion bans. Michigan, California, and Vermont have also voted to enshrine abortion rights in their state constitutions. In early 2023, Minnesota passed a bill guaranteeing the right to abortion.

The current situation is confusing and challenging to navigate, with a mix of abortion restrictions and protections across different states. An estimated one-third of all women of reproductive age live in states where abortion is now banned. Additionally, lawmakers in multiple states have made it more difficult to access medication abortions, which account for over half of all abortions in the US.

The US is an outlier in the global trend towards the liberalisation of abortion laws. The reversal of Roe v. Wade has resulted in a stark divide between states that have banned abortion and those that have strengthened protections, impacting the lives of millions of people across the country.

The global trend towards liberalization of abortion laws

Abortion laws are indeed real, and there is a global trend towards the liberalization of these laws. Over the past 30 years, more than 60 countries and territories have liberalized their abortion laws. This trend is driven by women's rights, public health, and human rights advocates. The liberalization of abortion laws is often achieved by amending criminal bans to specify certain circumstances in which there is no legal penalty for abortion.

International and regional human rights norms have played a critical role in transforming national-level abortion laws. These norms have evolved significantly to recognize that the denial of abortion care violates women's and girls' fundamental human rights. For example, the 1994 International Conference on Population and Development's (ICPD) Programme of Action recognized reproductive rights as human rights.

Courts in several countries, including Argentina, Bolivia, Brazil, Colombia, and Nepal, have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women's access to safe abortion services. For instance, in 2012, Argentina's Supreme Court of Justice issued a decision providing an authoritative interpretation of the Penal Code's rape exception, which authorized abortion in cases of rape and indecent assault.

Additionally, international and regional human rights bodies, such as the United Nations (UN) treaty monitoring bodies, have recognized abortion as a human rights concern and called on states to decriminalize and ensure access to safe abortion services. These bodies have also urged states to abolish procedural barriers to abortion services, such as mandatory waiting periods and biased counseling.

The evolution of international and regional human rights standards recognizing abortion as a human rights imperative has significantly influenced jurisprudence and law reform at the national level. High courts have increasingly relied on international human rights standards in determining whether their countries' laws and practices adequately secure women's reproductive autonomy. As a result, more than 35 countries have liberalized their abortion laws since 1994, expanding the grounds under which women can legally access abortion services.

In conclusion, the global trend towards the liberalization of abortion laws is driven by a recognition of women's rights and the public health implications of criminalizing abortion. International and regional human rights norms have played a critical role in this trend, influencing both judicial decisions and legislative measures. As a result, abortion laws have been liberalized in more than 60 countries and territories over the past 30 years, with a few notable exceptions.

The impact of restrictive abortion laws

Restrictive abortion laws have a wide range of negative impacts on people's lives. Firstly, they can lead to unsafe abortions, which carry significant health risks, including incomplete abortions, heavy bleeding, uterine perforation, and damage to the genital tract and internal organs. The World Health Organization estimates that 23,000 women die each year from unsafe abortions, with tens of thousands more experiencing health complications.

Secondly, restrictive abortion laws can result in a loss of educational and economic opportunities for those seeking abortions. This is especially true for people who cannot afford to take time off work or travel to another country or state to access care. The financial burden of restrictive abortion laws is also felt by health systems, which incur costs for treating complications arising from unsafe abortions.

Thirdly, these laws deepen historical marginalization and social stigma, particularly affecting those from low-income backgrounds, refugees, migrants, LGBTIQ+ people, and racialized and Indigenous communities. Restrictive laws and criminalization of abortion further hinder access to health services for these communities.

Finally, restrictive abortion laws violate human rights, including the right to life, health, privacy, bodily autonomy, and freedom from cruel, inhuman, and degrading treatment. Human rights bodies have consistently condemned such laws as incompatible with human rights norms.

The legality of abortion in North Carolina

Abortion laws vary from state to state in the United States. As of July 1, 2023, abortion in North Carolina is illegal after 12 weeks of pregnancy. However, there are exceptions to this law. In the case of rape or incest, abortion is legal through the 20th week of pregnancy. In the case of a "life-limiting" fetal abnormality, abortion is legal through the 24th week of pregnancy. If the woman's life is determined by a qualified physician to be at risk, abortion is legal at any stage of pregnancy.

The new law, which came into effect on May 16, 2023, reduces the time allowed for an abortion from 20 weeks to 12 weeks. It also requires an in-person counseling appointment at least three days prior to the abortion procedure and a follow-up appointment for medication abortion patients 7 to 14 days after the abortion. The law also creates more barriers for patients seeking abortions across the board.

Abortion-related legislation existed in North Carolina by 1900, which included a therapeutic exception. In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions in addition to abortion clinics. Nebraska and North Carolina had laws prohibiting abortions after 20 weeks. This law was still in place in mid-2019.

On May 3, 2023, a proposed 12-week abortion ban was rushed through the state legislature in less than 24 hours. After Governor Roy Cooper vetoed the 12-week ban on May 13, the North Carolina state legislature overrode the governor's veto and passed a 12-week abortion ban on May 16, 2023.

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. However, the Supreme Court overturned Roe v. Wade in 2022, allowing individual states to regulate any aspect of abortion not preempted by federal law.

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