Safe Abortion: What Legal Protections Are Needed?

Abortion is a common health intervention and a basic human right. It is a simple, safe procedure when carried out by someone with the necessary skills, using a method recommended by the World Health Organization (WHO). However, restrictive abortion laws and social stigma surrounding the topic often prevent people from seeking safe abortions, forcing them to resort to unsafe procedures that can lead to fatal consequences. The decriminalization of abortion and the implementation of supportive policies that respect human rights and ensure accessible, affordable, and timely abortion care are crucial steps towards ensuring safe abortions for all.

The right to bodily autonomy

Bodily autonomy is closely linked to reproductive autonomy, which includes the right to control one's fertility and make decisions about one's future. For individuals who can become pregnant, this means having the freedom to choose whether to continue or terminate a pregnancy. This right is particularly crucial for women, girls, and other marginalised communities who often face barriers to accessing safe abortions, such as criminalisation, social stigma, and intersectional discrimination.

The denial of safe and legal abortions can result in unsafe procedures, which pose significant risks to physical and mental health. According to the World Health Organization, unsafe abortions are performed by untrained individuals using dangerous and invasive methods. They can lead to incomplete abortions, heavy bleeding, uterine perforation, and damage to internal organs. These procedures not only endanger the individual's health but can also result in long-term disabilities and even death.

The legalisation of abortion is a critical step towards ensuring bodily autonomy and protecting individuals from unsafe procedures. As seen in the example of Ethiopia, liberalising abortion laws can increase access to safe procedures and improve health outcomes. Additionally, decriminalising abortion removes specific criminal sanctions, ensuring that individuals are not punished for seeking or providing abortions.

However, it is important to recognise that legalisation alone may not be sufficient. Efforts must be made to address social, cultural, and economic barriers that hinder individuals from exercising their reproductive rights. This includes combating stigma, ensuring affordable access, and providing accurate information and education about sexual and reproductive health.

Furthermore, it is worth noting that the debate around abortion extends beyond the scope of bodily autonomy. Some argue that abortion is wrong because it entails the killing of an unborn child, regardless of the mother's consent. This perspective highlights the special obligations that parents have towards their children and the state's role in protecting innocent lives.

Nevertheless, the right to bodily autonomy remains a pivotal argument in favour of safe and legal abortions. It emphasises the importance of individual freedom, self-determination, and the right to make informed decisions about one's own body.

The right to privacy

In the United States, the Supreme Court's landmark ruling in Roe v. Wade in 1973 recognized the right to privacy as encompassing a woman's decision to terminate a pregnancy. The Court held that the Fourteenth Amendment's guarantee of "liberty," which protects individual privacy, includes the right to abortion before fetal viability. This placed reproductive decision-making on par with other fundamental rights, such as freedom of speech and religion, warranting the highest degree of constitutional protection, known as "strict scrutiny."

The Roe v. Wade decision affirmed that the right to privacy in the context of abortion is not absolute and must be balanced against other interests, such as the state's interest in protecting fetal life and the health of the pregnant person. The Court established a trimester framework, allowing for more regulation of abortion as pregnancy advances but only when evidence-based and consistent with standards applied to similar medical procedures.

However, the right to privacy in abortion has faced significant challenges. In 2022, the Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This decision has led to a wave of restrictive abortion laws and bans across the country, forcing people to travel great distances to access abortion care or carry unwanted pregnancies to term.

To address these challenges, it is essential to advocate for law reform and policy changes that respect and protect the right to privacy in abortion. This includes ensuring access to safe, legal, and affordable abortion services, combating stigma, and providing comprehensive sexuality education. Additionally, a supportive health system is crucial, with well-trained healthcare workers who can provide unbiased information and care without judgment or discrimination.

In conclusion, the right to privacy in the context of abortion is a complex and contentious issue. It involves navigating the delicate balance between individual autonomy and state interests. Upholding the right to privacy in abortion is critical for ensuring that individuals have the freedom to make personal decisions about their bodies and lives, free from unnecessary interference or constraint.

The right to non-discrimination

Denying access to abortion is a form of gender discrimination against women, girls, and anyone else who can get pregnant. This has been recognised by multiple UN treaty bodies, including the Committee of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Restrictive abortion laws disproportionately affect marginalised groups, including people of colour, people living in poverty, and sexual and gender minorities.

To uphold the right to non-discrimination, laws and policies should be implemented to guarantee universal access to safe and legal abortion. This includes removing criminal sanctions against abortion, ensuring affordability and accessibility, and providing accurate information and education. Additionally, it is crucial to address the specific needs of LGBTI individuals who may face intersectional forms of discrimination and stigma when seeking an abortion.

Furthermore, restrictive abortion laws can impose financial burdens on individuals seeking abortions, particularly those with low resources. Laws that require mandatory counselling or waiting periods, for example, can lead to loss of income and other financial costs. Therefore, ensuring that abortion services are affordable and accessible to all is essential to upholding the right to non-discrimination.

In summary, the right to non-discrimination in the context of abortion laws entails ensuring universal access to safe and legal abortion services, addressing social and economic inequalities, challenging stigma and conservative attitudes, and meeting the unique needs of marginalised groups, including LGBTI individuals.

The right to life

On the other hand, those who oppose abortion rights argue that the right to life of the foetus should take precedence over the mother's right to bodily autonomy. They believe that abortion is a form of murder and that the law has a duty to protect the life of the unborn child. This belief is often rooted in religious or moral arguments about the sanctity of life.

The debate around the right to life in the context of abortion is complex and deeply divisive. It involves questions about personhood, morality, and the role of the state in regulating reproductive rights. It also intersects with broader discussions about gender equality, social justice, and the role of religion in public life.

Ultimately, the right to life is a fundamental human right that is interpreted and applied differently depending on cultural, religious, and legal contexts. In the context of abortion, finding a balance between protecting the potential right to life of the foetus and upholding the rights and autonomy of pregnant individuals remains a challenging and highly contested issue.

The right to health

Abortion is a simple health care intervention that can be safely and effectively managed by a wide range of health workers using medication or a surgical procedure. In the first 12 weeks of pregnancy, a medical abortion can also be safely self-managed by the pregnant person outside of a health care facility (e.g. at home). This requires that the woman has access to accurate information, quality medicines, and support from a trained health worker if she needs or wants it during the process.

Unsafe abortions are often the result of people with unintended pregnancies facing barriers to attaining safe, timely, affordable, geographically reachable, respectful, and non-discriminatory abortion care. These barriers include lack of access to information, high costs, stigma, and the refusal of health workers to provide abortions based on personal conscience or religious belief. Restrictive abortion laws can also cause distress and stigma and violate human rights, including the right to privacy, non-discrimination, and equality.

To ensure that everyone who needs abortion care has access to it, an enabling environment is needed, with three cornerstones: respect for human rights, including supportive legal and policy frameworks; the availability and accessibility of information; and a supportive, universally accessible, affordable, and well-functioning health system.

Laws and policies should be geared towards respecting, protecting, and fulfilling the human rights of women, achieving positive health outcomes, providing good-quality contraceptive and family planning information and services, and meeting the particular needs of vulnerable and disadvantaged groups.

Abortion laws and policies should be evidence-based and interpreted and implemented in a way that promotes and protects women's health and human rights. This includes decriminalizing the provision of information related to legal abortion and providing clear guidance on how legal grounds for abortion should be interpreted and applied.

In conclusion, the right to health is closely linked to access to safe abortion, and laws and policies play a crucial role in ensuring that abortion is safe, accessible, and respectful of women's human rights and dignity.

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