Gavin Howe
The topic of abortion laws is a highly contested issue, with varying legislation across different countries and states. The United States, in particular, has witnessed a regression in abortion rights, with the Supreme Court overturning Roe v. Wade in 2022, eliminating the federal constitutional right to abortion. This decision has resulted in a wave of new abortion restrictions and bans at the state level, impacting access to abortion services and affecting marginalized communities disproportionately. Some states have pushed back by enacting laws or holding ballot referendums to protect abortion rights, while others have introduced measures such as telemedicine shield laws to protect abortion providers. Globally, there is a trend toward liberalization of abortion laws, with countries like Mexico recognizing the right to abortion early in pregnancy. However, the landscape of abortion access remains uneven, and the fight for reproductive rights continues.
| Characteristics | Values |
|---|---|
| Criminalisation of abortion | Preventing health-care providers from providing the best care options for their patients |
| Restrictive laws on abortion | Deterring women, girls and pregnant people from seeking post-abortion care |
| Social stigma | Making it difficult for people to exercise their rights |
| Intersectional discrimination and marginalisation | Preventing people from seeking abortions |
| Laws requiring adolescents younger than 18 to obtain parental consent | Creating barriers to access, particularly for immigrant youth and youth in unstable and abusive homes |
| Bans on abortion after 20 weeks of pregnancy | Taking a deeply personal decision out of the hands of a patient and their doctor |
| Lack of education among healthcare professionals | Reporting individuals to law enforcement for suspected self-management of an abortion |
| Surveillance | Using ALPR tech to track people suspected of self-managing an abortion |
| Lack of public funding | Making it difficult for people to afford abortions |
| Lack of unrestricted access for young people | Making it difficult for young people to access abortions |
| Lack of breadth of healthcare practitioners who provide abortion care | Reducing the number of people who can perform abortions |
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What You'll Learn
Support pro-choice movements like the Green Wave
Supporting pro-choice movements like the Green Wave is an effective way to prevent abortion laws from becoming more restrictive. The Green Wave, or Marea Verde in Spanish, is a group of abortion-rights movements in Latin America, a region known for its strict anti-abortion laws. The movement has successfully pushed governments to expand abortion access in multiple countries across Latin America.
Educate yourself and others
Educate yourself about the current abortion laws in your country or state, as well as the stances of your local and federal elected officials. Share information about abortion rights and the work of pro-choice movements like the Green Wave to raise awareness and build support.
Contact your lawmakers
Find out where your lawmakers stand on abortion rights and urge them to protect and expand access to abortion. Let them know that you support the decriminalization and normalization of abortion as a basic human right.
Support abortion funds and practical support networks
Abortion funds and practical support networks provide direct financial and logistical assistance to those seeking abortions. This includes transportation, lodging, language translation, and local travel resources. Supporting these groups is critical to ensuring that people can access abortions, especially for those who face financial or logistical barriers.
Address social, economic, and political inequalities
The reproductive justice movement aims to address the inequalities that prevent marginalized communities from exercising their reproductive rights. This includes advocating for policies that improve access to health services for people with low incomes, refugees, migrants, LGBTIQ+ individuals, and racialized and Indigenous people.
Promote community support mechanisms
Invest in and promote community support mechanisms, such as clinic escort programs and de-escalation training for clinic staff. These mechanisms can help people seeking abortions feel safer and reduce the fear of law enforcement intervention or harassment by abortion opponents.
By taking these actions, you can help prevent restrictive abortion laws and ensure that people have safe and legal access to abortions.
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Advocate for the protection of abortion providers and helpers
In the United States, anti-abortion lawmakers have enacted numerous state laws restricting abortion access over the past decade. Since the Supreme Court eliminated the constitutional right to abortion, several states have made abortion illegal, with more than a dozen following suit. These restrictions disproportionately affect Black, Indigenous, and people of colour, young people, people with disabilities, and those with low incomes or living in rural areas.
To advocate for the protection of abortion providers and helpers, it is essential to address these inequalities and remove barriers to accessing abortion services. Here are some ways to do this:
Support and fund abortion providers and helpers
Abortion funds and practical support networks provide direct financial and practical support to those seeking abortions, including transportation, lodging, and language translation. Supporting and funding these groups is critical to ensuring abortion access. The National Abortion Federation (NAF), for example, helps people find quality abortion providers and funding for their care. Donating to organisations like NAF or joining membership programs can help cover the costs of care and travel-related expenses for those in need.
Educate healthcare professionals
Medical associations, reproductive health advocates, and state governments should educate healthcare professionals about their legal and ethical obligations. Reporting individuals to law enforcement for suspected self-management of abortion is not required by law and violates medical ethics related to patient privacy. Educating healthcare providers can help ensure that people feel safe seeking medical care after attempting an abortion or experiencing a miscarriage.
Enhance safety measures
States should invest in protections that do not rely solely on police presence, as people of colour seeking abortions have been disproportionate targets of state violence. Promoting community support mechanisms, such as clinic escort programs and de-escalation training for clinic staff, can help ensure the safety of those seeking abortions without fear of law enforcement intervention. States can also include clinic staff and patients in address confidentiality programs to prevent abortion opponents from harassing individuals at home or the clinic.
Expand the pool of abortion providers
Allowing non-physician clinicians, such as physician assistants, certified nurse-midwives, and nurse practitioners, to provide abortions can increase the number of abortion providers and enhance access. Expanding training programs for performing abortions and allocating funds for abortion training, as Maryland did in 2022, can help ensure that a diverse range of medical professionals are equipped to provide safe and effective abortion care.
Advocate for protective laws and policies
At the state level, advocates can work to advance proactive laws and policies that expand access to abortion care and protect abortion providers and helpers. This includes supporting state-level coalitions and partnering with organisations dedicated to defeating policies that restrict access to reproductive healthcare, including abortion. Interstate shield laws, for example, are critical tools for protecting abortion providers, helpers, and their medical records.
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Fight for the decriminalisation of abortion
Abortion laws around the world vary, and in many countries, abortion is a criminal offence. However, criminal abortion laws do not eliminate the need for abortion care but instead drive people to seek unsafe abortions. Worldwide, more than 39,000 women die each year from unsafe abortions, and millions more experience health complications.
Canada and Australia are the only countries that have removed abortion from criminal law. In the UK, the Abortion Act 1967 defines the criteria under which legal terminations can take place in England and Wales. However, the Offences Against the Person Act 1861, in particular sections 58 and 59, still contains the criminal law in relation to procuring an abortion.
There are several ways to fight for the decriminalisation of abortion. Firstly, it is important to understand the relevant law and its historical context. The current legal framework regulating abortion is often rooted in the punitive, conservative values of the past and may not reflect modern moral values or medical science. For example, in the UK, the Offences Against the Person Act 1861 is grounded in the medical and social realities of another era and imposes unjustifiable restrictions on contemporary clinical practice.
Secondly, it is essential to engage in open and honest debates about law reform. Religious values, ethical issues, and medical claims should be considered separately and weighed appropriately. Political ideology should not be masqueraded as scientific fact. Additionally, the criminal law should be invoked only when necessary and proportionate, especially when considering the potential harm caused by enforced pregnancy, childbirth, and child-rearing.
Furthermore, those passionate about the cause can lobby local politicians and MPs, raise public awareness, and sign or start petitions to gather support for decriminalisation. For example, in the UK, a petition calling for the removal of abortion from criminal law gathered over 100,000 signatures, leading to a debate in Parliament.
Finally, it is crucial to advocate for reproductive autonomy and highlight the harmful effects of continued criminalisation of abortion. Abortion decriminalisation is a human rights issue, as recognised by Amnesty International and the World Health Organization, which recommended removing barriers to abortion in 2022.
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Ensure access to abortion services is affordable
In the United States, the Supreme Court's overturning of Roe v. Wade has resulted in abortion bans in multiple states, with six more having early gestational limits. These laws disproportionately affect people of colour, young people, and those with limited financial resources, who may not be able to afford to travel to another state to receive care. To address this, some states have passed laws requiring state-regulated plans to cover the full cost of abortion services, which can help improve access. Additionally, employer-sponsored insurance and Medicaid may cover abortion services, and some employers are offering to cover travel expenses for workers who need to go out of state for an abortion.
Abortion funds also provide direct financial and practical support, such as transportation, lodging, and language translation. Supporting these groups and sharing information about them is critical to ensuring abortion access. Community-based clinics, which are more likely to be located in states hostile to abortion rights, rely on donations to provide abortion care.
Laws that create enhanced access to abortion include public funding and requiring abortion to be included in private insurance coverage. Unrestricted access for young people and expanding the breadth of healthcare practitioners who can provide abortions also improve access. For example, in 2022, Maryland passed a law allowing nurse practitioners, nurse-midwives, physician assistants, and other trained medical providers to perform abortions, allocating $3.5 million for abortion training.
Parental consent laws create barriers to access, particularly for immigrant youth and youth in unstable homes. Removing these laws would reduce costs and delays for minors seeking abortions.
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Raise awareness about the negative consequences of abortion bans
Raising awareness about the negative consequences of abortion bans is a crucial step in preventing the implementation of such laws. Abortion restrictions have been shown to have detrimental effects on the health and well-being of individuals, families, and communities.
Firstly, abortion bans lead to increased stress, anxiety, and lower self-esteem among those denied abortions, particularly impacting those with a history of mental health issues, trauma, or abuse. This can have far-reaching consequences, affecting not only the individual but also their families and support systems. Additionally, abortion bans result in an increase in live births, which can strain economic resources and contribute to poverty, especially for those from marginalized communities. The inability to terminate pregnancies in cases of fetal anomalies can lead to infant deaths, causing further anguish and trauma for families.
Abortion restrictions also disproportionately affect people of color, young people, and those with limited financial resources, who often face additional barriers in accessing abortion care. These barriers include the cost of travel to another state or country, taking time off work for appointments, and navigating restrictive laws and social stigma. The criminalization of abortion creates a "chilling effect," deterring healthcare providers from offering the best care options due to fear of criminal liability. This further limits access to safe and comprehensive reproductive healthcare for those who need it.
Moreover, abortion bans have negative economic implications, as they are interconnected with low wages, public underinvestment, and economic policies that disempower workers. Secretary of the Treasury, Janet Yellen, highlighted the economic impact of abortion bans, stating that "eliminating the right of women to make decisions about when and whether to have children would have very damaging effects on the economy and would set women back decades."
To raise awareness about these consequences, it is essential to share information and personal stories highlighting the impact of abortion bans on individuals' lives and communities. This can be done through social media campaigns, public forums, and collaborations with community organizations and reproductive rights groups. By spreading awareness, we can educate policymakers, community leaders, and the general public about the far-reaching consequences of abortion bans and build a stronger movement to prevent the implementation of such restrictive laws.
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