Abortion Laws Abroad: A Comparative Overview

Abortion laws vary significantly between countries, with some countries banning the procedure altogether, while others allow it under certain circumstances. In recent years, there has been a global trend towards the liberalization of abortion laws, with more than 60 countries making changes in the last 30 years. However, a few countries, such as the United States, have rolled back abortion rights, causing enormous harm to those seeking abortions. The legality of abortion has a significant impact on the safety of the procedure, with those in countries where it is illegal resorting to unsafe and often life-threatening methods. While religious and economic factors play a role in shaping abortion laws, the majority of countries allow abortion under specific circumstances, prioritizing maternal health and rights.

Abortion laws in Latin America

Latin America is home to some of the world's most restrictive abortion laws. Abortion is illegal in almost all countries in the region, except Cuba. However, most countries allow criminal penalties to be waived or lowered in specific circumstances, such as when the life or health of the pregnant woman is in danger, or when the pregnancy is the result of rape or incest.

In recent years, there have been some encouraging signs of reform due to the tireless efforts of women's rights activists. In several countries in South America and parts of Mexico, lawmakers have amended restrictive abortion laws and implemented procedures to alleviate the disastrous health consequences of unsafe abortions. For example, in Brazil, the government set up a committee in 2005 to propose legal reform related to abortion, and the Health Ministry passed a resolution to facilitate women's access to safe and decriminalized abortion when their pregnancies are the result of rape.

As of 2024, abortion is legal nationwide and without restrictions as to cause in only four Latin American countries: Cuba, Puerto Rico, Uruguay, and Argentina. In Argentina, abortion has been legalised regardless of the cause, up until the 14th week of pregnancy. A survey showed that up to 41% of Argentinians either strongly or somewhat agreed that abortion should be decriminalised.

In Brazil, pregnancy termination is decriminalised in three situations: if the pregnancy is the result of rape, if performing an abortion is the only way to save the pregnant person's life, or if the fetus suffers from anencephaly. In Chile, abortion is legal in a few cases: if the pregnancy poses a life risk, if the fetus is non-viable, or if the pregnancy is the result of rape. Colombia has a similar stance, with abortion being decriminalised under very specific circumstances, including when the pregnant person's physical or mental health is at risk, when the fetus will not survive the gestation, and when the pregnancy is the result of rape, artificial insemination, or the implantation of a fertilised egg. Finally, in Mexico, the legal status of abortion varies from state to state. Mexico City, Oaxaca, Hidalgo, and Veracruz are the federal entities with the most progressive laws, with pregnancy termination decriminalised up to twelve weeks of gestation.

Abortion laws in Asia

Abortion laws vary across Asia, with some countries having more liberal abortion laws than others. In Afghanistan, abortion is only legal if the mother's life is in danger or if there is a risk of the child being born with severe disabilities. Similarly, in Pakistan, abortion is only permitted to save the mother's life or protect her physical health. Bhutan's abortion laws are also restrictive, allowing abortion only if it is to save the mother's life or if the pregnancy is a result of incest, rape, or if the mother is not of sound mental condition.

In contrast, India's abortion laws are more liberal, allowing abortion on most grounds, although the final decision lies with the doctors. India's new abortion law has expanded access by raising the gestation limit for abortion from 20 to 24 weeks and removing marital status as a limitation. Despite this, access to safe and legal abortions remains limited in India, and only two in five abortions that occur annually in the country are considered safe.

Nepal is the only South Asian country that allows women access to abortion on request, and abortion rights are recognized as fundamental human rights. However, even in Nepal, access to safe abortions is limited, and a recent study found that only four in ten women were aware that abortion is legal in the country.

In Southeast Asia, abortion laws vary. Abortion is illegal in the Philippines, but it is allowed in Thailand if carried out in a hospital.

Abortion laws in Europe

Abortion laws vary significantly between countries and US states. The global trend, however, is towards the liberalization of abortion laws. In the last 30 years, more than 60 countries have changed their abortion laws, and only four countries have rolled back the legality of abortion.

Malta is the only EU country with a total ban on abortion, while Poland imposed a near-total ban in 2020. In Poland, abortion is only permitted in cases of rape, incest, or if the pregnant person's life is in danger.

In most European countries, abortion is allowed on request in the first 12-14 weeks of pregnancy. In the UK, abortions can be carried out until 24 weeks, or with no limit if the pregnant person's life is at risk or there is a serious foetal abnormality. In France, abortion is allowed until 14 weeks, and it was recently added as a constitutional right. In Germany, abortions are allowed until 12 weeks, but it remains in the criminal code and can technically lead to a jail sentence. In Italy, abortions are allowed within 90 days of conception, but two-thirds of gynaecologists refuse to perform the procedure.

Hungary tightened its abortion laws in 2022, requiring people seeking abortions to first listen to the foetal heartbeat. Ireland lifted its almost total ban on abortion in 2019 following a referendum, and abortion is now allowed up to 12 weeks. Spain allows abortions within 14 weeks, or up to 22 weeks in cases of severe foetal abnormalities.

Abortion laws in the US

As a result, abortion laws now vary widely across the US, with some states enacting total bans and others protecting the procedure throughout pregnancy. As of August 2024, 17 states had outlawed nearly all abortions, banning the procedure at six weeks or earlier, with narrow exceptions for cases of rape, incest, or the mother's health. These states include Texas, Florida, and Alabama, and are predominantly located in the US South. Another eight states allow some access to abortion, with varying restrictions, and the remaining 25 states, plus the District of Columbia, protect abortion access.

The US is an outlier in the global trend towards the liberalization of abortion laws, with only four countries rolling back the legality of abortion in recent years. The US joins El Salvador, Nicaragua, and Poland as the only countries to have restricted abortion access in the last 30 years, during which more than 60 countries have expanded legal grounds for abortion.

The issue of abortion is expected to play a significant role in the upcoming US presidential election, with Democratic Vice-President Kamala Harris promising to "restore" abortion rights federally, while her Republican opponent, Donald Trump, has stated he will leave the issue to the states.

Abortion laws in Africa

Nigeria

Abortion laws in Nigeria are highly restrictive, carrying a heavy jail sentence of up to 14 years unless performed to save the pregnant woman's life. This has led to a high number of clandestine abortions, contributing to soaring maternal death rates. There is a push for legal reform to allow for safe and legal abortions, reducing associated health risks.

Ghana

Ghana's abortion laws are moderately permissive, allowing abortions to be carried out by licensed health workers in approved institutions in cases of rape, incest, fetal deformity, or to protect physical or mental health. Despite this, abortion remains highly stigmatized, leading to a significant number of unsafe, illegal abortions, which contribute to high maternal mortality rates.

South Africa

South Africa is recognized as one of the most liberal countries in Africa regarding reproductive rights. Abortion was legalized in 1996, allowing women of any age or marital status to access abortion services upon request during the first 12 weeks of pregnancy and under certain conditions until the 20th week. This has resulted in a decrease in clandestine abortions and abortion-related deaths.

Other African Countries

While the focus has been on Nigeria, Ghana, and South Africa, it is important to note that abortion laws vary across the continent. The Center for Reproductive Rights categorizes countries based on their abortion laws, and several African countries fall into different categories. For example, countries like Sierra Leone and the Republic of the Congo prohibit abortion altogether, while others may allow it to preserve the physical or mental health of the pregnant person or in cases of rape or incest.

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