Strict Abortion Laws: These Countries Have Them

Abortion laws vary widely between countries and territories, and while some nations are moving towards liberalisation, others continue to prohibit abortion entirely. There are 24 countries in the world where abortion is completely prohibited, including Andorra, Malta, El Salvador, Honduras, Senegal, Egypt, the Philippines, Laos, Madagascar, Jamaica, and the Dominican Republic. These laws can have devastating consequences, with women in El Salvador, for example, being found guilty of aggravated homicide in the case of a miscarriage. In contrast, countries like Japan, India, Canada, and most of Europe offer broader access to abortion, allowing women to terminate their pregnancies upon request or based on broad social or economic grounds.

Abortion laws in the US

States with Strict Abortion Laws

As of October 2024, 14 states have enacted near-total abortion bans, with some allowing for limited exceptions to save the life of the pregnant individual or in cases of rape or incest. These states include Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Carolina, Texas, and Utah. Additionally, four states—Georgia, Florida, Iowa, and South Carolina—have banned abortion after approximately six weeks of pregnancy.

States with Less Restrictive Abortion Laws

On the other hand, some states have taken steps to protect abortion rights and expand access. States like Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wyoming have laws that allow abortion at all stages of pregnancy or up to the point of fetal viability. These states have also enacted measures to shield those seeking or providing abortions from laws in other states.

Impact of the Changing Legal Landscape

The shifting legal landscape has had a significant impact on access to abortion services across the country. As of October 2024, more than a dozen states no longer have facilities where women can receive abortions, and there is ongoing legal uncertainty and challenges in several other states. This has resulted in a situation where access to abortion clinics is cut off across much of the South and Midwest, while it remains strong on both coasts.

The US is an outlier in the global trend towards the liberalization of abortion laws, and the rollback of abortion rights has been mirrored in several other nations, often coinciding with radical political or cultural shifts. However, in many countries, abortion rights activists have succeeded in pushing for less restrictive laws as part of a broader fight for women's rights.

Countries where abortion is illegal

Abortion laws vary significantly between nations. As of 2021, there are 24 countries in which abortion is illegal in any and all circumstances. These include Andorra and Malta in Europe, El Salvador, Honduras, and the Dominican Republic in Central America, Senegal and Egypt in Africa, and the Philippines, Laos, and the Republic of the Congo in Asia. In these countries, abortion is completely prohibited, and around 90 million (5%) women of reproductive age live under these laws.

In some countries, abortion is illegal unless it is necessary to save the mother's life or preserve her health during pregnancy. For example, in 37 countries, abortion is only permitted if the mother's life is at risk. This includes cases of ectopic pregnancies, where the embryo implants outside the uterus and cannot be carried to term, often causing fatal injuries to the mother if not aborted.

Economic considerations also influence abortion laws in some regions. Some countries allow abortion if carrying the pregnancy to term would inflict unreasonable socioeconomic hardship on the mother. Studies have shown that women denied access to abortion are more likely to descend into poverty due to the financial burden of an additional child.

While the majority of countries have adopted a more nuanced approach, the impact of restrictive abortion laws can be devastating. According to the Center for Reproductive Rights, restrictive abortion laws cause around 39,000 deaths per year from unsafe abortions and result in the loss of educational and economic opportunities for women.

Countries with significant restrictions to abortion access

Abortion laws vary widely among countries and territories, and have changed over time. While some countries have liberal abortion laws, others have significant restrictions or even outright prohibitions in place. This response will focus on countries with significant restrictions to 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. In some cases, this refers only to physical health, while others include mental health. In Brazil, for example, abortion is illegal unless it is necessary to protect the life of the mother, in cases of rape, or when the fetus has anencephaly (missing part of the brain or skull). Even then, a woman must obtain approval from a doctor and at least three other clinical experts.

In Poland, abortion is only allowed in cases of rape, incest, or when the mother's life is at risk. This exception was introduced in 2021, removing the previous exception for abortions in cases of severe and irreversible fetal abnormalities, which was the ground for 98% of abortions in the country in 2019.

Some countries in Central America, such as El Salvador, have gained international attention due to their very strict enforcement of abortion laws. Abortion is illegal in El Salvador under all circumstances, including rape, incest, and risk to the mother's health. Women found guilty of having an abortion can be penalized with up to 40 years in prison. Miscarriages and stillbirths have sometimes been enough to warrant a conviction.

In addition to the countries mentioned above, Angola, Gabon, Guinea-Bissau, and Mauritius are among those that only allow abortions if the woman's life is in danger. In these countries, abortions performed under other circumstances are subject to criminal penalties, including imprisonment and fines.

Countries with broader access to abortion

In recent years, there has been a global trend towards the liberalization of abortion laws. Over the past 30 years, more than 60 countries and territories have liberalized their abortion laws.

According to the Center for Reproductive Rights, more than half of women of reproductive age can safely access abortion either on request or based on broad social or economic grounds in countries from Japan to India to Canada, as well as most of Europe. In these countries, 662 million (34%) women of reproductive age live in 77 countries that allow abortion on request, and these laws generally have gestational limits. For example, the most common gestational limit for countries in this category is 12 weeks. 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 the past 18 months, Colombia, Argentina, and Mexico—traditionally conservative Catholic countries in Latin America—have decriminalized abortions following waves of protests and campaigning by women’s rights and pro-choice groups. The most recent, Colombia, set the legal gestational limit at 24 weeks of pregnancy in February.

In Europe, Ireland drew worldwide attention after a May 2018 popular referendum that led to abortion being legalized up to 12 weeks, and limited circumstances beyond then. Before the change, thousands of Irish women would typically travel to nearby England for the procedure every year, according to the Belfast-based journalism project Detail Data. More than a year later, in October 2019, Northern Ireland became the last nation in the U.K. to decriminalize abortion. The procedure is now legal on request up until 12 weeks in most cases and up to 24 weeks if the pregnancy is a threat to the mother’s health.

In 2020, New Zealand decriminalized abortion and extended the legal period to 20 weeks of pregnancy. Prior to that, two doctors were required to approve an abortion, and they would only do so if there was a “serious danger” to the woman’s health.

The impact of abortion laws

Abortion laws have a significant impact on the lives of people with the ability to become pregnant, and the laws vary widely between countries and territories. While some countries have liberal abortion laws, allowing abortions on request or based on broad social or economic grounds, others have highly restrictive laws or prohibit abortions altogether. These differences in legislation have far-reaching consequences, affecting everything from maternal health and safety to economic opportunities and human rights.

Maternal Health and Safety

One of the most critical impacts of abortion laws is on maternal health and safety. In countries where abortion is illegal or highly restricted, people with unwanted pregnancies may resort to unsafe abortion methods. This can lead to surgical complications and even death. For example, in Angola, around 40% of women who receive illegal abortions die from surgical complications. The World Health Organization (WHO) data shows that the legality of abortion does not significantly impact abortion rates but affects the safety of those abortions. Restrictive abortion laws can cause enormous harm, resulting in approximately 39,000 deaths per year from unsafe abortions.

Economic Opportunities

Abortion laws can also influence economic opportunities for people, especially those who are denied access to abortion. Studies have shown that women denied abortions are more likely to descend into poverty due to the financial burden of raising an additional child. Additionally, restrictive abortion laws can lead to the loss of educational and economic opportunities, deepening historical marginalization.

Human Rights

Political and Social Shifts

The political and social landscape of a country can also be shaped by abortion laws. The rise of pro-life movements has often coincided with radical political or cultural shifts. In some countries, these movements have successfully lobbied for rollbacks in reproductive rights. On the other hand, abortion rights activists have pushed for less restrictive laws as part of a broader fight for women's rights and social progress.

Global Trends

Despite the variations in abortion laws worldwide, there is an overwhelming trend towards the liberalization of these laws. Over the past 30 years, more than 60 countries and territories have liberalized their abortion laws. This shift is evident in traditionally conservative Catholic countries in Latin America, such as Colombia, Argentina, and Mexico, which have recently decriminalized abortions following waves of protests and campaigning by women's rights and pro-choice groups. However, the United States stands as a stark outlier to this global trend, with the Supreme Court's 2022 decision to overturn Roe v. Wade, resulting in a regression of abortion rights and increased restrictions at the state level.

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