Abortion Laws: Countries Where It's Banned

Abortion laws vary widely across the world. While some countries have liberal abortion laws, others have anti-abortion laws that restrict or prohibit abortions. The United States, for example, has seen a rollback of abortion rights with the Supreme Court's decision to overturn Roe v. Wade in June 2022, allowing individual states to determine the legality of abortion. This has resulted in nearly two dozen states banning or limiting access to abortion. Globally, there are 24 countries that prohibit abortion altogether, including Andorra, Malta, El Salvador, Honduras, Senegal, Egypt, the Philippines, and Laos. In contrast, countries like Japan, India, and Canada, along with most of Europe, offer broader access to abortion, allowing women to safely terminate pregnancies on request or based on social and economic grounds. The trend towards liberalization of abortion laws is evident, with over 60 countries making abortion rights a fundamental human right for millions worldwide.

The global trend towards liberalization of abortion laws

Since the 1950s, an unmistakable global trend towards easing legal restrictions on abortion has emerged, with nearly all industrialized countries liberalizing their abortion laws between 1950 and 1985. Since 1994, more than 60 countries and territories have liberalized their abortion laws, and over 35 countries have expanded the grounds under which women can legally access abortion services.

International and regional human rights norms have played a pivotal role in this transformation by influencing domestic high court decisions and serving as a resource for law and policy reform. These norms have underpinned national-level abortion law reforms in countries such as Spain, Rwanda, Uruguay, and Peru.

The liberalization of abortion laws has generally been achieved by amending criminal bans to specify certain circumstances in which abortion carries no legal penalty. For instance, countries in the first wave of liberalization, such as Central and Eastern European nations, introduced specific circumstances where abortion was not subject to criminal sanctions.

Despite the overall trend towards liberalization, some countries have introduced legal strategies to impede access to legal abortion services. These include mandatory waiting periods, biased counseling requirements, and unregulated conscientious objection.

While abortion laws vary widely among countries, a United Nations (UN) report with data up to 2019 revealed that abortion is allowed in 98% of countries to save a woman's life. Other commonly accepted reasons include preserving physical and mental health, rape or incest, and fetal impairment.

As of 2024, 67 countries have legalized or decriminalized abortion on request. Notably, France became the first country to explicitly protect abortion rights in its constitution in 2024, while Yugoslavia implicitly inscribed abortion rights into its constitution in 1974.

The US's anti-abortion stance

The US has seen a regression of abortion rights in recent years, with the country becoming a stark outlier to the global trend towards the liberalization of abortion laws. In 2022, the US Supreme Court overturned Roe v. Wade, the landmark Supreme Court ruling from 1973 that established abortion as a fundamental right. This decision has opened the door for states to ban abortion outright, with 14 states having already made abortion illegal. These new laws are expected to have devastating consequences, particularly for women's health, and will disproportionately impact people with low incomes, teenagers, people of colour, migrants, and refugees.

The anti-abortion movement in the US has a long history, with activists and politicians working to overturn Roe v. Wade since its inception in 1973. This movement gained momentum when President Trump appointed two new judges to the Supreme Court, both of whom expressed anti-abortion views. However, it's important to note that even before the overturning of Roe v. Wade, access to abortion in the US was already limited for many. Anti-abortion activists have created financial and logistical barriers, such as targeted regulation of abortion providers (TRAP laws) and restrictions on public funding for abortions, making it difficult or impossible for people to obtain abortions in many states.

Alabama, for example, passed a law in 2019 that could punish doctors who perform abortions with life in prison. Additionally, 93% of Alabama counties had no clinics providing abortions in 2014, forcing many people to travel to other states. The lack of access to abortion services in Alabama is further exacerbated by the exclusion of abortion from the list of healthcare services covered by Medicaid, the government-assisted health insurance programme. While all states are currently required to provide public funding for abortions in cases of rape, incest, or threats to life, these exemptions may become irrelevant if harsh new laws come into effect.

The US is not the only country with restrictive abortion laws. Approximately 25% of the world's population lives in countries with highly restrictive abortion laws, including several countries in Latin America, Africa, Asia, and Oceania. However, the regression of abortion rights in the US stands in contrast to the global trend towards liberalization, with more than 60 countries and territories having liberalized their abortion laws in the past 30 years.

The impact of the US's anti-abortion stance extends beyond its borders, with US-funded programmes and policies influencing abortion rights in other countries. For example, the "global gag rule", reinstated and expanded by President Trump in 2017, prohibits overseas organisations that receive US global health funding from mentioning abortion as part of their counselling or education programs. This rule has made a broad range of services less accessible, including contraceptive services, HIV/AIDS testing and treatment, and cervical cancer screening. Additionally, US-based Christian groups have been reported to fund anti-abortion organisations in other countries, such as Voice of Fetus Nepal, contributing to a lack of awareness of abortion laws and provisions in rural areas.

The Catholic Church's influence in Latin America

The Catholic Church has historically had a strong influence in Latin America, with the region's culture and laws reflecting its religious roots. However, in recent times, the Church's influence on abortion laws has been waning, with feminist social movements mobilising to decriminalise abortion and liberalise abortion laws.

The Catholic Church's Historical Influence in Latin America

The Catholic Church has been a dominant religious force in Latin America, with the region having strong Catholic roots. Historically, the Church's stance on abortion has aligned with that of Latin American countries, which have had stricter abortion laws compared to other parts of the world. The Church's opposition to abortion, based on the sacredness of life from conception, has been a significant factor in shaping the region's abortion laws.

The Church's Influence on Abortion Laws

The Catholic Church has actively campaigned against the liberalisation of abortion laws in Latin America. However, their influence has been challenged by feminist social movements, which have gained momentum in countries like Ecuador, the Dominican Republic, and Mexico. These movements advocate for reproductive rights and have sparked debates about the role of the Church in shaping abortion laws.

Country-Specific Dynamics

Mexico

Mexico is an interesting case study, with varying abortion laws across its states. While some states allow elective abortions, others criminalise the procedure, resulting in women being jailed for miscarriages or intentional terminations. The Mexican Supreme Court's 2020 decision to decline decriminalisation highlighted the ongoing tension between pro-life and pro-choice groups, with the Catholic Church playing a significant role.

Argentina

Argentina, the birthplace of the current Pope, has recently legalised elective abortions up to 14 weeks. This shift is notable given its large Catholic population, although it's worth noting that only a small percentage identify as practicing Catholics. This change in legislation brings up the issue of nuance in abortion laws and the influence of religious affiliation.

Brazil

Brazil, with a significant Catholic population, has tight restrictions on abortion. While there are exceptions for cases of rape, risk to the mother's life, or fetal anencephaly, the government has threatened to veto any abortion bill. The influence of President Jair Bolsonaro's administration and their conservative approach cannot be understated.

Chile

Chile serves as another example of the complex dynamics at play. While it previously had a complete ban on abortions, a new law now authorises abortions in cases of rape, risk to the mother's life, or fetal non-viability. However, doctors still refuse to perform abortions, and private hospitals continue to receive state funding even while refusing to comply with the law. The resistance from the medical community in Chile, a country with a high percentage of Roman Catholics, underscores the enduring influence of religious beliefs.

Peru

Peru, a majority Catholic nation, provides another illustration of the interplay between religion and abortion laws. While abortion is illegal except when necessary to save the mother's life, there have been legislative efforts to allow abortions in cases of rape. However, these attempts have thus far been unsuccessful, indicating the enduring influence of the Catholic Church in shaping public policy.

While the Catholic Church has had a significant influence on Latin America's abortion laws, the region is undergoing a period of transformation. The rise of feminist social movements, shifting political landscapes, and increasing secularisation are challenging the Church's historical dominance. As a result, abortion laws in Latin America are in flux, with countries grappling with how to balance religious influences with evolving social and political perspectives.

The impact of abortion laws on women's health

Abortion laws have a significant impact on women's health, and this impact is influenced by various factors such as the specific provisions of the laws, the context in which they are implemented, and the effectiveness of their implementation. Here is an examination of the impact of abortion laws on women's health, focusing on the implications for access to health services, health outcomes, and broader societal consequences.

Access to Health Services:

The restrictive abortion laws that prevail in most low- and middle-income countries (LMICs) often limit women's access to safe and legal abortion services. These laws may prohibit abortion under all circumstances or allow it only under specific conditions, such as to save the woman's life, preserve her health, or in cases of rape, incest, or fetal impairment. The regulations may also include mandatory waiting periods, reporting requirements, and limited method choices, further restricting women's options. For example, the Zambian Termination of Pregnancy Act, considered liberal by Sub-Saharan African standards, requires signatures from three medical doctors, one of whom must be a specialist, creating a significant barrier due to the shortage of doctors in the country.

Health Outcomes:

The impact of abortion law reforms on women's health outcomes is complex and varies across different contexts. Progressive reforms that expand access to safe and legal abortion are expected to lead to improved health outcomes for women, including reduced maternal morbidity and mortality associated with unsafe abortions. For instance, a study in Mexico found that decriminalizing and subsidizing early-term elective abortions significantly reduced maternal morbidity, especially among vulnerable populations. In contrast, restrictive abortion laws can have detrimental effects on women's health. Approximately 25 million unsafe abortions occur each year, with 97% of these in developing countries, leading to severe complications such as hemorrhage, infections, and long-term issues like infertility.

Societal Consequences:

Restrictive abortion laws can have broader societal consequences that indirectly impact women's health. For example, they may contribute to a lack of knowledge about abortion laws and services, particularly in rural areas, leading to women seeking unsafe alternatives. Additionally, these laws can deepen historical marginalization and result in the loss of educational and economic opportunities for women. Restrictive laws can also affect the healthcare workforce, making it challenging for hospitals in abortion-hostile states to attract and retain obstetricians and gynecologists. This can have a detrimental effect on the quality of reproductive healthcare services available to women.

The role of international frameworks in establishing access to safe abortion as a human right

International human rights norms and frameworks have evolved significantly to recognise that the denial of abortion care in a range of circumstances violates women's and girls' fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws and increasing women's access to safe abortion services.

The Evolution of International Human Rights Norms

Over the past two decades, international human rights norms have evolved to recognise the denial of safe abortion services as a human rights violation. The 1994 International Conference on Population and Development's (ICPD) Programme of Action laid the groundwork for these developments, as it was the first international consensus document in which states recognised reproductive rights as human rights. The Beijing Platform for Action further called on governments to review laws containing punitive measures against women who have undergone illegal abortions.

The Role of International Human Rights Bodies

International and regional human rights bodies, such as the United Nations (UN) Human Rights Committee and the Committee on the Elimination of Discrimination Against Women (CEDAW Committee), have been instrumental in advancing abortion rights. They have clarified that when abortion is legal under domestic law, it must be accessible in practice, and that denying access to legal abortion services can amount to violations of various human rights, including the rights to health, privacy, non-discrimination, and freedom from cruel, inhuman, and degrading treatment.

The Impact on National-Level Abortion Laws and Policies

International human rights norms and frameworks have had a significant influence on national-level abortion laws and policies. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases, liberalising abortion laws and increasing women's access to safe abortion services. For example, in 2006, the Colombian Constitutional Court issued a decision overturning the criminalisation of abortion under all circumstances, finding that abortion must be permitted, at a minimum, when pregnancy poses a risk to the woman's life or health, or results from rape or incest.

Additionally, international and regional human rights norms have been a key tool in lobbying and influencing legislatures to liberalise abortion laws. For instance, in 2010, Spain enacted a sexual and reproductive health law authorising abortion without restriction, citing international consensus on reproductive rights as a key factor. Rwanda also amended its Penal Code in 2012, bringing its abortion law in line with the progressive standards set by the Maputo Protocol, a regional human rights instrument in Africa.

The Way Forward

While significant progress has been made, there is still work to be done to establish access to safe abortion as a human right globally. Restrictive abortion laws and policies continue to cause enormous harm, including maternal deaths, the loss of educational and economic opportunities, and the deepening of historical marginalisation. Human rights bodies must continue to call on states to decriminalise abortion, guarantee access to safe abortion services, and recognise abortion as a fundamental aspect of women's reproductive autonomy and self-determination.

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