Abortion Law Violation: Understanding The Consequences And Ramifications

The consequences of violating abortion laws vary depending on the country or state in question. In some places, such as Equatorial Guinea and Zambia, people who seek abortions can face life imprisonment. In other places, such as Alabama, performing an abortion is a Class A felony with up to 99 years in prison. In Texas, providing an abortion is punishable by 5 to 99 years in prison and a fine of up to $100,000. In Idaho, abortion providers can have their medical licenses revoked. In Poland, abortion providers can face up to three years in prison. In Turkey, President Erdogan has made it extremely difficult to obtain an abortion in a state hospital, despite it being legally permitted. In many places, people who violate abortion laws face criminal charges, imprisonment, and fines. In addition to legal consequences, those who violate abortion laws may also face social stigma and marginalization.

Criminalisation of abortion

People face various barriers to accessing abortions around the world. In some countries, such as the United States, Sierra Leone, Poland, and Morocco, abortion is criminalised. This means that those who seek an abortion or assist someone in having an abortion can face legal consequences. The laws that restrict abortion vary between countries, with some countries imposing harsh punishments such as life imprisonment for those who seek an abortion.

The criminalisation of abortion has a significant impact on individuals who are already marginalised. Health services are often less accessible to those from low-income backgrounds, refugees, migrants, LGBTI individuals, and racialised and Indigenous people. As a result, it becomes more challenging for these individuals to access safe abortion services or seek private care.

The criminalisation of abortion can also lead to unsafe abortions, as individuals may resort to clandestine procedures due to a lack of legal options. This can have severe consequences, including maternal deaths and disabilities. According to the World Health Organization, unsafe abortions are the third leading cause of preventable maternal deaths worldwide.

In some countries, abortion is only allowed in specific circumstances, such as when the pregnancy is the result of rape or incest, or if there is a severe threat to the foetus or the pregnant person's health. However, these exceptions are often narrow and do not account for the majority of abortions, continuing to hinder reproductive rights.

The decriminalisation of abortion is a complex issue that requires the support of various allies, including parliamentarians, health professionals, legal experts, women's groups, and human rights organisations. It is essential to build a critical mass of support to bring about effective change and ensure that reproductive rights are respected and protected.

Unsafe abortions

• Incomplete abortion (failure to remove or expel all pregnancy tissue from the uterus)
• Haemorrhage (heavy bleeding)
• Uterine perforation (caused when the uterus is pierced by a sharp object)
• Damage to the genital tract and internal organs as a consequence of inserting dangerous objects into the vagina or anus

Unsafe abortion rates are highest in developing countries across Africa, Asia, and Latin America. In these regions, dangerous abortion methods are often used, including:

• Ingesting toxic substances such as bleach
• Inserting sharp sticks or other foreign objects into the vagina or cervix
• Inflicting trauma to the abdomen

To prevent unsafe abortions, it is essential to simplify access to safe and legal abortions. Termination of pregnancy is a safe and effective medical procedure that can be managed with medication or a minor intervention under local anaesthesia. Both methods are less risky than an injection of penicillin.

Social stigma

Abortion stigma is a global phenomenon that exists in both developed and developing countries. It is a discrediting of individuals as a result of their association with abortion, including women who have had abortions, individuals who work in facilities that provide abortions, and supporters of women who have had abortions, such as partners, family, and friends.

Abortion stigma is influenced by a variety of factors, including social norms about contraception, community acceptance of family planning, and media discussion of family planning. It is also shaped by the legal status of abortion, with restrictive abortion laws contributing to stigma. The criminalization of abortion reinforces the notion that abortion is morally wrong and compromises the safety of abortion, creating the view that abortion is dirty or unhealthy.

The social stigma associated with abortion can lead to silence and shame, with individuals who have had abortions or are seeking an abortion feeling the need to conceal their experiences or avoid telling others. This under-reporting of abortion contributes to the perception that abortion is rare and deviant, further reinforcing stigma.

Abortion stigma has negative consequences for the physical and mental well-being of individuals seeking abortions, as well as their ability to access safe and timely abortion care. It can lead to internalized stigma, felt stigma, and enacted stigma, resulting in discrimination, social isolation, and negative health outcomes.

To address abortion stigma, it is important to consider interventions at all levels of the socio-ecological model, including individual, community, and structural levels. Strategies such as self-awareness assessments, peer counseling, support groups, and public artistic expression can help reduce stigma and improve access to safe abortion care.

Additionally, addressing the root causes of stigma, such as religious conservatism, norms that value motherhood, and punitive abortion laws, is crucial for creating a supportive environment for individuals seeking abortions.

Restrictive laws

Restrictive abortion laws can cause distress and stigma, and they risk violating the human rights of women and girls, including the right to privacy, non-discrimination, equality, and health. Such laws can also impose financial burdens on women and girls, especially those with low resources, by forcing them to travel to access legal care or requiring mandatory counselling or waiting periods, resulting in loss of income and other financial costs.

In places with restrictive abortion laws, people are driven to unsafe abortions, which can lead to fatal consequences such as maternal deaths and disabilities. According to the World Health Organization, unsafe abortions are the third leading cause of preventable maternal deaths worldwide and cause approximately five million preventable disabilities. Restrictive laws also disproportionately affect marginalised communities, as health services are generally less accessible to people with low incomes, refugees, migrants, LGBTIQA+ people, and racialised and Indigenous people.

In the United States, for example, the Supreme Court's overturning of Roe v. Wade in 2022 has resulted in a varied landscape of abortion access across different states. Some states have completely banned abortion, with a few exceptions, while others have enacted measures to protect abortion access. This has created a confusing and time-consuming situation for people seeking abortions, as they must navigate the differing laws and restrictions in each state.

The criminalisation of abortion and restrictive laws also act as a deterrent, preventing healthcare providers from offering the best care options and deterring women, girls, and pregnant people from seeking post-abortion care for complications arising from unsafe abortions or other pregnancy-related issues. This can lead to further health risks and complications.

The consequences of restrictive abortion laws are severe and far-reaching, impacting the physical, mental, social, and financial well-being of women and girls. These laws not only restrict access to safe and timely abortions but also reinforce stigma and contribute to human rights violations.

Punishments for breaking abortion laws

In some countries, there are laws that penalise people who assist others in seeking an abortion. For example, in Alabama, there is the threat of prosecution for those who help organise or finance trips for Alabamians to receive abortions in other states. In Oklahoma, USA, a bill was passed in 2016 that would have criminalised abortion providers, charging them with up to three years in prison; however, this was vetoed by the governor. In 2021, Oklahoma introduced three new restrictions, including the revocation of medical licenses for people who perform abortions.

In some places, abortion laws are ambiguous, and the threat of punishment is used to deter people from seeking abortions. For example, in Turkey, President Erdogan has taken a pronatalist stance, urging Turkish couples to have at least three children and expressing opposition to abortion services. While the law in Turkey allows abortion up to 10 weeks after conception, administrative changes have been made to make the procedure for booking an abortion more difficult.

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