Threatening Abortion: Laws And Their Harmful Impact

Abortion laws vary widely across the world, with some countries liberalizing their laws and others enforcing restrictions. In the United States, the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This has resulted in a wave of new abortion restrictions and bans at the state level, with 41 states currently enforcing abortion bans with limited exceptions. These exceptions, which include threats to the life, general health, and physical health of the pregnant person, are often unworkable in practice, and the vague and contradictory language used in these laws creates ambiguity and makes it difficult for physicians to provide evidence-based care. The impact of these laws falls disproportionately on marginalized groups, who face compounding barriers to obtaining an abortion. Globally, the trend is towards liberalization, with over 60 countries liberalizing their abortion laws in the last 30 years. However, restrictive abortion laws continue to be enforced in many countries, causing enormous harm and violating the human rights of those seeking abortion care.

Criminalisation of abortion

The criminalisation of abortion has been a highly contested issue worldwide, with far-reaching implications for individuals' reproductive rights and freedom. While some countries have moved towards liberalisation, others maintain stringent restrictions, resulting in a complex and varied legal landscape.

The act of getting an abortion or assisting someone in getting an abortion is criminalised in several countries, including the United States, Sierra Leone, Poland, and Morocco. The laws that restrict abortion vary, with some countries imposing life imprisonment for those who seek or perform abortions, such as Equatorial Guinea and Zambia. Additionally, certain countries only allow abortions under specific circumstances, such as when the pregnancy is a result of rape or incest, or if there is a severe threat to the foetus or the pregnant person's life. However, these narrow exceptions often fail to address the needs of most individuals, hindering their ability to fully exercise their reproductive rights.

The criminalisation of abortion disproportionately impacts those from marginalised communities, including people on low incomes, refugees, migrants, LGBTIQA+ individuals, and racialised and Indigenous people. For these individuals, accessing safe abortion services, whether in another country or through private care, is significantly more challenging.

The United States' Supreme Court decision in Dobbs v. Jackson Women's Health Organization in June 2022, which overturned Roe v. Wade, has had a profound impact on abortion access across the country. This ruling eliminated the federal constitutional right to abortion, leading to a rapid shift in the landscape of abortion laws. As a result, many states have introduced new restrictions and bans, creating a patchwork of varying laws across the nation.

The impact of abortion bans is far-reaching, and research indicates that they disproportionately affect individuals from marginalised groups. Systemic racism and other forms of oppression create compounding barriers for those seeking abortions, exacerbating existing inequalities.

The debate surrounding abortion often centres on the question of whether abortion should be a fundamental human right or a crime. Those who support criminalisation argue that abortion erodes principles such as the sanctity of life and impartial justice. On the other hand, advocates for abortion rights view it as a fundamental aspect of reproductive autonomy and bodily integrity.

The legal and political battles over abortion continue, with far-reaching consequences for individuals' reproductive rights and freedom worldwide.

Social stigma of abortion

Abortion stigma is a set of attitudes and beliefs that abortion is morally wrong, shameful, or socially unacceptable. It creates discomfort around the topic, which contributes to misinformation and a lack of knowledge about abortion. This stigma is weaponized to build and maintain barriers to abortion, such as laws that restrict access, institutions that limit knowledge, and popular media that perpetuates misleading representations.

Abortion stigma is about the "transgression of a gendered norm", which refers to the social expectations imposed on women, people assigned female at birth, and people with feminine gender expressions. These norms include the expectation of sexual purity and the expectation of motherhood and nurturing. Having an abortion shows that someone had sex and did not become a parent, rejecting specific gendered norms about sex, gender, and parenting.

Anti-abortion messages contribute to abortion stigma, and it is common, even among supporters of abortion rights, to feel uncomfortable or uncertain about when, why, and at what point in pregnancy it is okay to have an abortion. This discomfort is internalized abortion stigma, and only the person who is pregnant can decide when to have an abortion. They have the legal and moral right to decide for themselves.

Stigma harms people who have had abortions and people who provide abortions. It causes shame, silence, and isolation, making it harder for people to get care or ask for support when they need an abortion. Stigma perpetuates outdated gender expectations, contributing to gender norms that harm women, people assigned female at birth, and people with feminine gender expressions.

Abortion stigma operates in several ways to inhibit quality abortion care:

• Poor treatment and repercussions: Negative engagement with providers and health care personnel when seeking abortion services, perceived or real consequences associated with accessing abortion, and resorting to clandestine abortion.
• Gatekeeping and obstruction of access: Not providing women with information, tools, resources, or referrals to access abortion, or discouraging them from requesting services. Preventing or limiting training and access to equipment.
• Tactics for avoiding disclosure: Actions taken to prevent abortion from becoming known.
• Arduous and unnecessary requirements: Unnecessary delays, tests, or treatments, and unreasonable costs.
• Poor infrastructure and lack of resources: Failure to fully implement standards and protocols, and perceived or real consequences associated with performing abortion.
• Punishment and threats: Penalty or retribution inflicted on a person for their involvement in abortion care.
• Lack of a designated place for abortion services: Lack of defined areas for women seeking abortion services.

Research has shown a relationship between abortion stigma and quality of abortion care. Abortion stigma experienced or anticipated by both providers and abortion seekers can serve as a barrier to safety and quality in abortion care. It also has consequences for the psychological and emotional health of abortion seekers. Stigma is associated with adverse attitudes towards abortion care policies and remains a quality-inhibiting feature of policies and practices in healthcare institutions, even in favorable legal contexts.

Restrictive laws

Restrictive abortion laws are a threat to abortion access and bodily autonomy, and they have been condemned by human rights bodies worldwide. These laws cause enormous harm, including thousands of deaths from unsafe abortions each year, the loss of educational and economic opportunities, and the deepening of historical marginalization.

In the United States, the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, eliminating the federal constitutional right to abortion. As a result, many states have created new abortion restrictions and bans, and begun enforcing existing ones. These laws often provide limited exceptions, such as in cases of rape, incest, or to protect the life and health of the pregnant person. However, these exceptions are often unworkable, with vague and contradictory language, and cumbersome requirements. For example, mental health exceptions are rare, despite mental health conditions accounting for 20% of pregnancy-related deaths in the US. Additionally, law enforcement involvement is often required to document rape and incest, creating further barriers for survivors seeking abortion care.

The impact of these restrictive laws falls disproportionately on marginalized groups, including people of colour, LGBTIQ+ individuals, and those from low-income backgrounds. Criminalization of abortion and restrictive laws deter healthcare providers from offering the best care options and create a "chilling effect", leading to unsafe abortions and negative health outcomes.

On a global scale, only four countries have rolled back the legality of abortion in recent years, with a trend towards the liberalization of abortion laws in over 60 countries and territories. However, restrictive abortion laws remain in place in many countries, causing avoidable harm and violating individuals' abortion rights.

Lack of access to safe abortions

Abortion laws vary across the world, with some countries permitting abortions on request, and others only allowing abortions in specific circumstances, such as when the pregnancy is the result of rape or incest, or when there is a threat to the life or health of the pregnant person. These laws have a significant impact on people's access to safe abortions, with restrictive laws often leading to unsafe abortion practices.

In countries where abortion is criminalised, stigmatised, or restricted, people are forced to resort to unsafe abortions, which can have fatal consequences. It is estimated that 25 million unsafe abortions take place every year, mainly in developing countries, resulting in maternal deaths and disabilities. Restrictive abortion laws also disproportionately affect people from marginalised communities, who face additional social, economic, and political barriers to accessing safe abortions.

The criminalisation of abortion creates a "chilling effect", deterring healthcare providers from offering abortion services due to fear of criminal liability. This results in a lack of access to safe and legal abortion options for pregnant individuals. Additionally, the social stigma surrounding abortion further hinders people from seeking abortions, even in countries where it is legal. Factors such as cost, distance to services, and conservative attitudes contribute to this stigma.

The legal and social barriers to abortion have a disproportionate impact on marginalised communities, including low-income individuals, refugees, migrants, LGBTIQ+ people, and racialised and Indigenous people. For example, in Morocco, abortion is criminalised in almost all circumstances, and clandestine abortions are unaffordable for women living in poverty. As a result, women like Ouiam are forced to continue unwanted pregnancies, facing isolation, health complications, and economic hardship.

The decriminalisation of abortion is a critical step towards ensuring access to safe abortions. However, it is not enough to simply change the law; it is also essential to address the deeply rooted social, cultural, and economic barriers that prevent people from exercising their reproductive rights. This includes ensuring universal affordability and accessibility of abortion services, as well as addressing social attitudes and reducing opposition to abortion.

Furthermore, the vague and contradictory language used in some abortion ban exceptions creates confusion and makes it difficult for physicians to provide evidence-based care without fear of legal repercussions. For example, the exception for preserving the health of the pregnant person is often narrowly defined and excludes mental health conditions. This can result in delays in care and avoidable risks to the health of pregnant individuals.

Lack of bodily autonomy

The right to bodily autonomy is a fundamental human right. It is the right to make autonomous decisions about one's body and reproductive life. Forcing someone to carry on with an unwanted pregnancy or to seek an unsafe abortion is a violation of their human rights, including their rights to privacy and bodily and reproductive autonomy.

Abortion laws and restrictions vary across the world, and in many places, abortion is highly restricted or criminalised. These laws often prioritise fetal life over that of the pregnant person and can result in unsafe abortions, which put people's lives and health at risk. Restrictive abortion laws also disproportionately impact marginalised communities, who may face additional barriers to accessing safe abortion services.

The criminalisation of abortion has a compounding impact on those who are already marginalised. Health services are generally less accessible to people on low incomes, refugees, migrants, LGBTIQA+ people, and racialised and Indigenous people. This means that some people may have to travel to another country or state to access safe abortion services, which can be costly and logistically challenging.

Additionally, social stigma surrounding abortion can also create barriers to accessing safe and legal abortion services. This stigma can be reinforced by conservative attitudes, religious beliefs, and misinformation about abortion. In some cases, medical staff may refuse to provide abortions on grounds of conscience or religion, further limiting people's access to safe and legal abortions.

The legalisation and liberalisation of abortion laws are crucial steps towards ensuring bodily autonomy and reproductive justice. By removing specific criminal sanctions against abortion and treating abortion like any other form of healthcare, individuals can make informed decisions about their bodies and reproductive lives without fear of prosecution or retribution.

It is important to recognise that the right to bodily autonomy is not just a legal issue but also a social and cultural one. Changing laws is a crucial first step, but it is also essential to address the deeply rooted social, cultural, and economic barriers that make it difficult for people to exercise their reproductive rights. This includes combating stigma, discrimination, and misinformation surrounding abortion and ensuring that safe and accessible abortion services are available to everyone who needs them.

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