Strict Abortion Laws: Whose Choice And What's Right?

Abortion laws vary across the world, with some countries and states having strict laws and others having more relaxed legislation. In some places, abortion is illegal, while in others, it is permitted under certain circumstances or up to a specific point in the pregnancy. These laws have a significant impact on people's access to abortion services and their ability to make decisions about their bodies and futures. The legality and accessibility of abortion are closely linked to human rights and bodily autonomy, and restrictive abortion laws can have harmful consequences for those seeking abortions.

Criminalisation of abortion

The criminalisation of abortion is a highly debated topic that has sparked discussions about human rights, morality, and the role of the state in regulating reproductive choices. Abortion laws vary across the world, with some countries criminalising the procedure entirely, while others permit it under specific circumstances. In this section, we will explore the reasons behind the criminalisation of abortion and the impact of such laws.

Abortion is a medical procedure that ends a pregnancy and is sought by millions of women, girls, and people who can become pregnant each year. While some countries have legalised abortion and ensured access to safe procedures, others have imposed strict restrictions or criminalised it altogether. The criminalisation of abortion often stems from religious beliefs, ethical convictions, and cultural values. However, it is essential to recognise that criminalising abortion does not necessarily lead to lower abortion rates. Instead, it pushes people seeking abortions towards unsafe and clandestine procedures, putting their health and lives at risk.

In countries with strict abortion laws, such as the United States, Sierra Leone, Poland, and Morocco, obtaining an abortion or assisting someone in doing so can result in criminal charges and severe penalties, including imprisonment. These laws vary, with some countries imposing life imprisonment for those who seek or provide abortions. Additionally, there are often laws in place to penalise individuals who assist others in seeking abortions, further limiting access and support.

The criminalisation of abortion disproportionately affects those who are already marginalised, including people with low incomes, refugees, migrants, LGBTIQ+ individuals, and racialised and Indigenous communities. For these groups, accessing safe abortion services, either in another country or through private healthcare, is even more challenging. The financial and logistical barriers created by criminalisation can force individuals to resort to unsafe methods, putting their health and lives at risk.

Despite the stigma and misinformation surrounding abortion, most people agree that it should be legal. However, many individuals feel unsure about how to voice their support, allowing the vocal anti-abortion minority to dominate the narrative. The criminalisation of abortion not only infringes on individual autonomy but also undermines fundamental human rights. It is essential to address the social, cultural, and economic barriers that hinder individuals' ability to make reproductive choices and access safe abortion services.

The Impact of Criminalisation

The criminalisation of abortion has far-reaching consequences that extend beyond the legal realm. Here are some key impacts of criminalising abortion:

• Health Risks: Criminalising abortion does not prevent people from seeking abortions but instead pushes them towards unsafe and unregulated procedures. According to the World Health Organization (WHO), the rate of unsafe abortions is four times higher in countries with restrictive abortion laws. These unsafe abortions can lead to short-term and long-term health problems, including maternal deaths and disabilities.
• Undermining Human Rights: Criminalising abortion infringes on fundamental human rights, including the right to life, health, and freedom from discrimination, violence, and cruel treatment. By denying individuals the ability to make reproductive choices, their autonomy and dignity are compromised.
• Marginalisation of Vulnerable Groups: The criminalisation of abortion disproportionately affects vulnerable and marginalised communities. People with low incomes, refugees, migrants, LGBTIQ+ individuals, and racialised and Indigenous communities often face greater barriers in accessing safe abortion services, exacerbating existing inequalities.
• Economic and Social Burdens: The financial and logistical challenges of accessing abortions in countries with criminalisation laws can be significant. Individuals may need to travel to other countries or states, incur costly medical expenses, and navigate social stigma, all of which create economic and social burdens.
• Deterrence of Healthcare Providers: Criminalisation laws create a "chilling effect," deterring healthcare providers from offering the best care options for their patients. Fear of criminal liability may lead to over-restriction of abortion access, even when legal exceptions apply.

Social stigma

Abortion stigma is a complex and multifaceted issue that varies across different cultural, religious, and social contexts. It refers to the discrediting and negative perceptions of individuals associated with abortion, including women who have had abortions, abortion providers, and supporters. This stigma can have grave consequences for women's health and well-being, particularly in countries with restrictive abortion laws.

In the context of social stigma, abortion is often seen as morally wrong or socially unacceptable, leading to silence and shame among those who have undergone the procedure. This stigma can be influenced by various factors, including social norms, religious attitudes, and legal restrictions. For example, in Angola, abortion is largely illegal, and these restrictions are reinforced by predominantly Christian values, further contributing to the stigma.

At the individual level, abortion stigma is shaped by age, education, and personal beliefs. Older women tend to experience less stigma, possibly due to increased life experience and a more supportive environment. On the other hand, higher education may lead to higher internalized stigma as individuals may feel disappointed in their inability to prevent unwanted pregnancies. Additionally, religious conservatism and norms that prioritize motherhood can perpetuate stigma.

The influence of social relationships, such as partners and friends, also plays a significant role in abortion stigma. Partners who are involved in family planning decisions and express disapproval of abortion can increase stigma for their female counterparts. On the other hand, partners who support family planning and contraception can help reduce stigma by providing a supportive environment. Friends' attitudes toward family planning can also impact stigma, with friends who are indifferent or unsupportive contributing to higher levels of stigma.

Community norms and values are another critical aspect of social stigma surrounding abortion. Communities that disapprove of family planning and contraception often associate abortion with socially unacceptable pregnancies, further intensifying the stigma. Media representation of family planning and abortion can either alleviate or exacerbate stigma, depending on how it is portrayed and the type of media platform.

To address abortion stigma, interventions are needed at all levels of the socio-ecological model. This includes individual-level strategies, such as promoting positive attitudes and behaviors toward safe abortion, as well as addressing community-level factors by challenging norms that stigmatize abortion and unintended pregnancies. Additionally, it is crucial to involve health care professionals and abortion providers in stigma reduction efforts, ensuring that they provide care that addresses women's psychological and emotional needs surrounding abortion.

Bodily autonomy

The Impact of Strict Abortion Laws on Bodily Autonomy

Strict abortion laws, such as those in the United States, Poland, and Nicaragua, can violate the recognized human right to bodily autonomy. These laws can compel women to continue non-viable pregnancies or force them to leave the country to terminate their pregnancies. This infringes on their ability to make decisions about their own bodies and can have significant impacts on their lives.

The Benefits of Bodily Autonomy for Women

Research has shown that denying women access to abortion can have long-term effects on their lives, including their education, employment, and economic security. A study conducted over a decade with 1,000 women who had either had or been denied abortions found that those who were denied had higher levels of anxiety and lower self-esteem. Additionally, places that have afforded women more autonomy by enabling them to postpone marriage until adulthood have thrived economically.

International Human Rights Law and Bodily Autonomy

International human rights law promotes and protects the dignity and equality of all people, including their right to bodily autonomy. The right to bodily autonomy is deeply grounded in the U.S. Constitution, specifically in the 14th Amendment, which guarantees the right to privacy and the right to control one's body. Courts must uphold these rights and ensure that individuals do not lose their legal rights when they become pregnant or may become pregnant.

The Impact of Reproductive Oppression

Reproductive oppression has been used as a tool to control women, people of color, and people living on low incomes, perpetuating stereotypes and second-class status. Laws and policies have historically limited women's ability to own property, vote, pursue an education, work, and participate fully in civic life. Reproductive oppression has also authorized coercive and brutal means to control the childbearing of women from marginalized communities.

Protecting Bodily Autonomy

To protect bodily autonomy, governments must respect and safeguard the rights of their citizens to make and act on decisions about their reproduction. This includes ensuring access to safe and legal abortion services, as well as addressing the social, cultural, and economic barriers that hinder individuals from exercising their reproductive rights.

Access to safe abortions

The World Health Organization (WHO) has also issued guidelines on abortion care to help countries deliver life-saving services. According to WHO, access to safe abortions is critical for the health of women and girls, and nearly every death and injury resulting from unsafe abortions is entirely preventable.

Unsafe abortions cause around 39,000 deaths every year and result in millions of women being hospitalised with complications. Most of these deaths occur in lower-income countries, with over 60% in Africa and 30% in Asia. Restrictive abortion laws do not reduce the number of abortions that take place but instead drive women towards unsafe procedures. In countries where abortion is most restricted, only 1 in 4 abortions are safe, compared to nearly 9 in 10 in countries where abortion is broadly legal.

In addition to legal barriers, social stigma and intersectional discrimination are also significant barriers to accessing safe abortions. Even in countries where abortion is legal, factors such as cost, distance to services, and conservative attitudes can make it difficult for individuals to access safe abortions.

To improve access to safe abortions, it is essential to address legal, social, cultural, and economic barriers that hinder individuals' ability to exercise their reproductive rights. This includes removing criminalisation, mandatory waiting times, and requirements for approval from partners or family members. It is also crucial to ensure that accurate information on abortion care is available to all those who need it and that health systems provide universally accessible safe abortion services.

Reproductive justice

The concept of "reproductive justice" was coined by Black women activists in 1994, who felt excluded from the mainstream reproductive rights movement. Reproductive justice combines "reproductive rights" with "social justice", and includes all human beings. It asserts that individuals have the right to:

• Control their own body
• Choose to have children
• Choose not to have children
• Choose how they'll have children
• Take care of their children in a healthy and safe community

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