Abortion Laws: Understanding Your Rights And Restrictions

Abortion laws vary widely between countries and territories, and have changed over time. Abortion is freely available on request in some countries, while others have gestational limits for the procedure depending on the reason. In some countries, abortion is illegal under all circumstances.

In 2022, the U.S. Supreme Court overturned Roe v. Wade, which had protected abortion rights nationwide. This decision has resulted in a patchwork of abortion laws across the U.S., with some states banning abortion outright.

The global trend is towards the liberalization of abortion laws, with more than 60 countries and territories having relaxed their laws over the past 30 years. However, restrictive abortion laws still cause enormous harm, leading to unsafe abortions and a denial of reproductive rights.

The decriminalization of abortion involves removing specific criminal sanctions and changing laws, policies, and regulations to ensure that safe abortion is accessible to all. While some countries have made progress in this area, others continue to have restrictive laws that hinder women's access to safe and legal abortions.

Criminalisation of abortion

The criminalisation of abortion is a highly debated topic that has sparked protests and discussions worldwide. In some countries, such as the United States, Sierra Leone, Poland, and Morocco, abortion is criminalised, and those who seek or assist in the procedure face legal consequences. The penalties for abortion vary across these countries, with some, like Equatorial Guinea and Zambia, imposing life imprisonment for those who undergo the procedure.

The criminalisation of abortion creates barriers for individuals seeking reproductive healthcare and undermines their fundamental human rights. It often pushes women and girls, especially those in poverty or rural areas, out of the national healthcare system and into clandestine, unregulated settings. This can lead to unsafe abortions, causing short-term or long-term health issues, and even death. According to the World Health Organization (WHO), the rate of unsafe abortions is four times higher in countries with restrictive abortion laws compared to countries where abortion is legal.

In addition to the health risks, the criminalisation of abortion disproportionately impacts marginalised communities. People with low incomes, refugees, migrants, LGBTIQ+ individuals, and racialised and Indigenous people often face greater challenges in accessing safe abortion services or travelling to another country for private care.

Despite the stigma and misinformation surrounding abortion, most people agree that it should be legal. However, the loud anti-abortion minority often dominates the narrative due to the reluctance of many supporters to speak out. As a result, abortion remains criminalised in several countries, infringing upon the reproductive rights and autonomy of individuals.

The criminalisation of abortion not only affects those seeking the procedure but also extends to those working to promote abortion rights. Human rights defenders, including activists, advocates, educators, and healthcare workers, face stigmatisation, physical and verbal attacks, intimidation, and criminal charges for their efforts to support abortion access.

To address these issues, human rights bodies have consistently called for the decriminalisation of abortion and guaranteed access to safe abortion services. It is important to recognise that criminalising abortion does little to protect life before birth and instead puts individuals' lives and health at risk.

Gestational limits

In countries with restrictive abortion laws, such as those that only permit abortion when the woman's life or health is at risk, a gestational limit is typically not prescribed. For instance, Bolivia and Burkina Faso do not set a gestational limit for abortions in cases where the pregnancy endangers the woman's life or health or results from rape or incest.

International human rights law requires that the regulation of abortion be evidence-based, scientifically and medically appropriate, and up-to-date. States are not permitted to regulate abortion in a manner that forces women to resort to unsafe procedures and must take steps to reduce maternal morbidity and mortality.

In the United States, the legality of abortion after the first trimester has changed significantly following the overturning of Roe v. Wade. Currently, several states have implemented bans on abortion before the 24-week mark, and over half of the states have restrictions in place only at or after viability or have no limit at all. As of 2015, more than 90% of abortions in the US occurred before the 13th week, with less than 1% occurring after 24 weeks.

Late-term abortions, typically referring to terminations after the 20th week of gestation, are more controversial than abortions in general. In Europe, abortions after the first trimester are usually only permitted if specific circumstances are present, such as a serious danger to the life or health of the woman or the detection of fetal abnormalities.

Self-managed abortions

Methods of Self-Managed Abortions

• Self-sourcing medications, such as misoprostol and mifepristone, either separately or in combination.
• Using herbs, plants, vitamins, or supplements.
• Consuming drugs, alcohol, or toxic substances.
• Using physical methods such as abdominal trauma.

Safety and Effectiveness of Self-Managed Abortions

Reasons for Self-Managed Abortions

There are various reasons why individuals may choose to self-manage their abortions. These include barriers to facility-based abortion care, such as long distances to clinics and the cost of care, as well as a preference for self-care. Some individuals may also choose self-management due to a desire for privacy, convenience, and autonomy.

Legal Risks of Self-Managed Abortions

While only a handful of states in the United States explicitly ban self-managed abortions, there are legal risks involved. Prosecutors have used a range of laws to target people involved in self-managed abortions, and there have been cases of criminal investigations and arrests. These cases often involve situations where the individual discloses the use of abortion pills to a medical professional, cases in later pregnancy with physical evidence, or when someone who knows the individual reports them. Additionally, there is a disproportionate targeting of low-income individuals, immigrants, and people of color in these prosecutions.

Role of Clinicians in Self-Managed Abortions

Clinicians play an important role in supporting individuals who choose to self-manage their abortions. They can provide evidence-based information, care, and guidance to minimize legal risks. This includes giving information about options for facility-based care, evidence-based information about the use of medications, and follow-up care to confirm abortion completion and manage any side effects or complications.

Access to abortion services

Global Perspectives on Abortion Access

The availability of abortion services differs significantly worldwide, influenced by cultural, religious, and political factors. As of 2024, 60% of women of reproductive age live in countries where abortion is broadly legal, while 40% reside under more restrictive laws. This divide is evident in the varying categories of abortion laws:

• Category I: On Request (Gestational Limits Vary): 34% of women of reproductive age live in 77 countries falling under this category, allowing abortion on request with gestational limits.
• Category II: Broad Social or Economic Grounds: 23% of women of reproductive age live in 12 countries/territories that permit abortion based on broad social or economic grounds, often considering the pregnant person's environment and circumstances.
• Category III: To Preserve Health: 12% of women of reproductive age live in 47 countries where abortion is allowed to protect the person's physical or mental health.
• Category IV: To Save a Person's Life: 20% of women of reproductive age live in 44 countries that allow abortion to save the pregnant person's life.
• Category V: Prohibited Altogether: 6% of women of reproductive age live in 21 countries that prohibit abortion entirely, imposing the most restrictive abortion laws globally.
• Category VI: Varies at State Level: 6% of women of reproductive age live in 2 countries where abortion laws differ significantly between states.

Impact of Restrictive Abortion Laws

Restrictive abortion laws have been associated with detrimental consequences for women's health and well-being. According to the World Health Organization (WHO), approximately 45% of abortions worldwide are unsafe, leading to physical and mental health complications and even death. In regions with prevalent unsafe abortions, death rates can surpass 200 per 100,000 abortions. The lack of access to safe and timely abortion care not only endangers women's lives but also infringes on their human rights, including the right to life, health, privacy, and non-discrimination.

Efforts to Expand Abortion Access

In recognition of the impact of restrictive abortion laws, some states and organisations are actively working to expand access to abortion services. This includes:

• Protecting Abortion Rights: Some states have enacted statutory protections for abortion, affirming the right to abortion as part of an individual's privacy or reproductive rights.
• Affordable Access: Certain states are focusing on ensuring affordable abortion services, such as including abortion coverage in health insurance plans and providing financial support for individuals seeking abortions.
• Expanding Healthcare Providers: States are also addressing the demand for abortion care by expanding the pool of qualified clinicians, such as allowing nurse practitioners and physician assistants to provide abortions under specified conditions.
• Legal Protections: With the impending Supreme Court ruling on abortion cases, some states are establishing legal protections for clinicians who provide abortion services and individuals seeking abortions.
• Telehealth Abortion: The COVID-19 pandemic highlighted the potential of telehealth abortion to expand access, particularly in communities with limited clinicians. However, legal implications and liability concerns remain.

Ongoing Challenges and Barriers

Despite efforts to expand abortion access, various barriers persist. These include the criminalisation of abortion, social stigma, intersectional discrimination, and economic constraints. For individuals in states with restrictive abortion laws, travelling to another state or country to access care may be challenging due to financial limitations or the inability to take time off work. These obstacles result in limited options for those seeking abortions, potentially leading to unsafe procedures or forced continuation of pregnancies.

Abortion laws by country

Abortion laws vary widely among countries and territories, and have changed over time. There is a global trend towards the liberalization of abortion laws, with more than 60 countries and territories liberalizing their abortion laws over the past 30 years. However, the regression of abortion rights in the United States, with the overturning of Roe v. Wade in 2022, stands in contrast to this trend.

Countries with liberal abortion laws include:

• Cuba, where abortion on request has been legal since 1965
• Uruguay, which legalized abortion on request in 2012
• Argentina, which legalized abortion on request in 2021
• Colombia, which legalized abortion on request in 2022
• Parts of Mexico, where abortion was decriminalized in 2021 and removed from the Federal Penal Code in 2023
• France, which became the first country to explicitly protect abortion rights in its constitution in 2024
• Most European countries, including the majority of the European Union member states

In these countries, abortion is generally allowed on request or for socioeconomic reasons, with gestational limits that vary depending on the specific country and circumstances.

On the other hand, some countries have highly restrictive abortion laws, with complete bans on abortion or allowing it only to save the mother's life. These countries include:

• El Salvador, which has some of the strictest abortion laws, criminalizing abortion under all circumstances, including rape, incest, and risk to the mother's health
• Several other countries in Latin America, Africa, Asia, and Oceania, as well as Andorra and Malta in Europe

Additionally, laws and access to abortion vary at the state level in some countries, such as the United States and Mexico. In the United States, abortion laws differ from state to state, with some states banning abortion outright while others have added new protections since the overturning of Roe v. Wade.

Frequently asked questions