Abortion Laws In Europe: A Comprehensive Overview

Abortion laws in Europe vary significantly between countries and territories. While most European countries allow abortion within a term limit below fetal viability, there are exceptions, with some countries imposing near-total bans on the procedure. In March 2024, France became the first country to explicitly guarantee the right to abortion in its constitution, with polls showing that around 80% of French people support pro-choice policies. The general trend in Europe has been towards liberalising abortion laws, but some countries, such as Poland and Malta, maintain strict restrictions.

Abortion law discrepancies across Europe

Abortion laws in Europe vary significantly between countries and territories. While the general trend has been towards liberalisation, some countries, such as Poland and Malta, have imposed restrictions on abortion access. Deep divisions over abortion rights persist, and the level of access can differ even within a single country.

Most European countries permit abortion within a term limit below foetal viability, typically around 12 weeks, although there are exceptions that allow abortion later in the pregnancy. The longest term limits are in the United Kingdom and the Netherlands, both at 24 weeks.

In Poland, a 2020 ruling by the Constitutional Tribunal effectively banned all abortions except in cases of rape, incest, or if the mother's life is at risk. This has sparked mass protests, and the current liberal prime minister, Donald Tusk, aims to allow abortion up to 12 weeks. However, he faces significant opposition, and the president is expected to veto any changes to the abortion legislation.

Malta, a staunchly Catholic country, previously had a total abortion ban but eased its laws in 2023 to allow terminations if a woman's life is endangered. However, abortion remains illegal in all other circumstances, including rape, incest, and severe foetal abnormalities.

In contrast, France has made abortion a constitutional right, guaranteeing women the freedom to end an unwanted pregnancy up to 14 weeks. This move was in response to the rollback of reproductive rights in the United States and has been widely supported by the French public.

Other countries with more restrictive abortion laws include Liechtenstein, Monaco, Andorra, and the Faroe Islands.

Even in countries with liberal abortion laws, accessing abortion services can be challenging due to mandatory counselling requirements, waiting periods, and a lack of doctors willing to perform the procedure. For example, in Germany, abortion is legal within 12 weeks of conception, but it remains in the criminal code and is technically punishable by up to three years in prison. Additionally, Germany is one of 12 European countries that mandate counselling or the provision of specific information before a woman can undergo an abortion.

The discrepancies in abortion laws across Europe highlight the ongoing debates and differing cultural, religious, and political perspectives on this issue. While some countries are moving towards greater liberalisation, others are imposing stricter restrictions, creating a varied landscape of abortion access for women across the continent.

Abortion laws in France

Abortion laws vary across Europe, with differing national laws and policies on legality, availability, and support for pregnant women and their families. In most European countries, abortion is permitted within a term limit below fetal viability, such as 12 weeks in Germany and Italy or 14 weeks in France and Spain. However, there are exceptions that allow abortion later in the pregnancy. For example, the UK and the Netherlands have the longest term limits at 24 weeks of gestation.

In France, abortion laws have undergone significant changes over the years. Here is an overview of the abortion laws in the country:

Legalization and Term Limits:

• France legalized abortion in 1975, allowing women to terminate their pregnancies up to 12 weeks.
• In 2022, France expanded abortion access by extending the legal timeframe for abortion under any circumstances to 14 weeks, aligning with Spain's laws.
• This change was influenced by the overturning of Roe v. Wade in the US and aimed to advance reproductive rights.

Requirements and Procedures:

• French residents can access abortion up to 12 weeks with parental consent for minors and two mandatory medical consultations a week apart.
• The state reimburses up to 70% of the abortion cost.
• After 12 weeks, abortion is restricted to therapeutic cases as defined by the Criminal Code.
• The Health Code prohibits advertising, incitement, or promotion of abortion or abortion-inducing products.

Recent Developments:

• In February 2022, the French parliament voted to extend the legal timeframe for abortion to 14 weeks, recognizing the previous 12-week limit forced thousands of women to seek abortions outside France annually.
• The government also eased access to medication abortion, allowing it up to seven weeks via telemedicine, reducing pressure on health systems and facilitating access for those in rural areas or facing stigma.
• This change eliminated the mandatory two-day waiting period for abortions.

Remaining Challenges:

• Individual medical personnel can still refuse to provide abortions based on religious or conscientious grounds, creating a barrier for some women despite legislative advances.
• There is a persistent taboo surrounding abortion in France, and the parliamentary vote to expand access followed months of contentious debate.
• France's government is encouraged to remove all barriers to safe and legal abortion, including ensuring providers who invoke the "conscience clause" refer individuals to other accessible services and expanding medication abortion access.

Abortion laws in Poland

Abortion laws vary across Europe, with differing national laws and policies on their legality, availability, and support for pregnant women. Poland has some of the most restrictive abortion laws in the European Union.

Abortion was legalised in Poland in 1956, but after the fall of Communism, a new, stringent abortion law was passed in 1993 with the backing of the Catholic Church. This law, which still applies today, allows abortion only when the pregnancy poses a risk to the mother's life or health, when the foetus has an irreversible abnormality, or when the pregnancy is the result of rape or incest. Even in these cases, women report that it is extremely difficult to find a doctor who will perform the procedure.

In Poland, only about 1,000 legal abortions are performed each year. The exact number of illegal abortions is unknown, but reproductive health organisations estimate the figure to be between 10 and 100 times higher. Women in Poland sometimes order pills for medical abortions from other countries, but packages can be held up by customs, and the process is difficult.

The Polish government's position on abortion is a source of tension in the country, with large-scale protests both for and against abortion rights taking place in recent years. Abortion-rights advocates in Poland plan to continue challenging the government's position, stating that "solidarity is our main weapon".

Abortion laws in the UK

The Abortion Act 1967 legalised abortions under certain conditions and up to certain gestational limits. It established that abortions are permitted up to 24 weeks of pregnancy if two doctors agree that continuing the pregnancy would pose a greater risk to the physical or mental health of the woman or her existing children. After 24 weeks, abortions are allowed only if there is a substantial risk to the woman's life or of severe foetal abnormality.

In practice, abortions in the UK are often carried out in the first trimester, with the vast majority being medical abortions, which involve taking medications to induce abortion. Surgical abortions are also available and are typically performed up to 14-18 weeks of pregnancy, depending on the specific clinic and circumstances.

In recent years, there have been efforts to reform abortion laws in the UK, particularly in Northern Ireland. While I cannot find a specific date, it appears that Northern Ireland has historically maintained a near-total ban on abortions. Following public campaigns and legal challenges, the Northern Ireland Assembly legalised abortion in 2019, bringing it into line with the rest of the UK. However, the implementation of abortion services in Northern Ireland has faced delays and ongoing political debate.

While abortion services are generally accessible in the UK, there are ongoing discussions and debates about various aspects of abortion law and practice. These include topics such as gestational limits, parental involvement for minors, and the availability of abortion services in different regions. As with many countries, abortion remains a highly debated and emotionally charged issue in the UK, reflecting a range of ethical, religious, and moral perspectives.

Abortion laws in Malta

Abortion laws vary across Europe, with differing national laws and policies on its legality, availability, and support for pregnant women and their families. Malta has long been the only country within the European Union to retain a complete ban on abortion in its law, imposing severe criminal penalties on doctors providing abortions, individuals seeking abortions, and anyone providing assistance.

In June 2023, Maltese lawmakers approved legislation to ease these strict abortion laws, voting to allow terminations but only in cases where a woman's life is at risk. The original bill, introduced in November 2022, would have allowed abortion if a pregnant woman's life or health was in danger. However, last-minute amendments restricted legal abortion access solely to situations where a pregnant woman's life is at risk, continuing to prohibit abortion in all other circumstances.

The amended law has been criticised by public health, human rights, and women's rights experts in Malta and worldwide. They argue that the terms of the law will significantly undermine efforts to protect women's health and lives during pregnancy. Under the new legislation, a woman must be at risk of death to access an abortion, and this must be agreed upon by three specialists. Only if the mother's life is at immediate risk can a doctor terminate a pregnancy without specialist consultation.

Malta's abortion law does not provide exceptions for cases of rape, incest, or severe foetal abnormalities, and abortion remains illegal in these circumstances. The law is rarely enforced, with the last known case of someone being jailed for abortion in Malta occurring in 1980. However, a woman was charged under the anti-abortion law in June 2023 but not imprisoned.

Frequently asked questions