Abortion Laws: Past, Present, And Future

Abortion laws vary across the world. In some countries, abortion is legal and women have the right to choose whether to have an abortion. In other areas, abortion is only legal in specific cases, such as rape, incest, fetal defects, poverty, or risk to a woman's health. In some countries, abortion is illegal and heavily restricted, with punishments including imprisonment and fines.

Abortion laws have changed over time. In the United States, abortion was not a significant issue of controversy until the mid-19th century. It was legal prior to quickening (when the pregnant woman starts to feel the fetus's movement) in every state under common law. In 1821, Connecticut was the first state to regulate abortion, outlawing it after quickening. Many states followed suit, passing various laws on abortion until the Supreme Court's Roe v. Wade decision in 1973, which decriminalized abortion nationwide.

In other countries, abortion laws have also evolved. The Soviet Union was the first country to reform its abortion law in 1920, spurred by feminist Alexandra Kollontai. Since then, progressive abortion law reform has been justified on public health and human rights grounds. As of 2022, abortion is legal in Japan, but women must normally get written permission from their partner. In 2016, Sierra Leone passed a law allowing abortion on request during the first 12 weeks of pregnancy, but it was not signed into law.

Abortion laws are influenced by various factors, including religion, culture, and politics. The right to life, liberty, security of person, and reproductive health are major issues that shape abortion laws worldwide.

The history of abortion laws

Colonial America to Early 19th Century

In colonial America and the early days of the republic, there were no specific abortion laws. Abortion was generally not considered a crime and was a common practice, especially before "quickening", which is when a pregnant woman feels the fetus move for the first time, usually around 18-21 weeks into the pregnancy. Religious authorities, such as the Roman Catholic Church, also supported the idea that the soul did not enter the body until a later stage of pregnancy.

Mid-19th Century

In the mid-19th century, abortion began to be seen as more controversial, and the first laws restricting abortion were passed. In 1821, Connecticut became the first state to regulate abortion, outlawing it after quickening. This was followed by many other states passing similar laws. During this time, abortion was also criminalized in England and Western Europe.

Late 19th Century to Early 20th Century

By the late 19th century, most states in the US had laws restricting abortion. This was due in part to the efforts of the American Medical Association (AMA), which lobbied for the criminalization of abortion, arguing that it was immoral and interfered with nature. The AMA also discredited the idea of quickening as unscientific. This shift in perception was also influenced by concerns about nationalism and imperialism, with fears that low birth rates would impact a country's ability to compete in modernized warfare.

1930s to 1960s

The Great Depression and the global economic crisis of the 1930s led to a sharp increase in abortion rates, both legal and illegal. This period also saw the emergence of birth control and abortion reform movements, particularly in Europe. However, in the US, abortion remained criminalized and there was increased enforcement of abortion laws.

1970s

In the 1970s, there was a wave of abortion law reform across the US, with many states modifying or repealing restrictive abortion laws. This culminated in the landmark Supreme Court cases of Roe v. Wade and Doe v. Bolton in 1973, which decriminalized abortion nationwide and established a woman's legal right to abortion.

1980s to 2010s

Since the 1970s, there has been a backlash against abortion rights, with the formation of anti-abortion movements such as the Catholic Church, evangelical Protestant groups, and the New Right. This has led to ongoing efforts to restrict abortion access and chip away at the impact of Roe v. Wade. However, abortion remains legal in most Western European countries and public opinion polls show that a majority of Americans support access to abortion.

The legality of abortion

History of Abortion Laws

Abortion was legally restricted in almost every country by the end of the 19th century, with the most influential sources of such laws being the imperial countries of Europe. These laws were imposed on colonies, and the restrictions were often based on religious or moral beliefs.

In the 20th century, the Soviet Union was the first country to reform its abortion laws, spurred by feminist Alexandra Kollantai, and in 1948, Japan legalised abortion as a form of birth control. In the 1960s and 1970s, several countries, including the UK, the US, and Sweden, liberalised their abortion laws, allowing the procedure under certain circumstances.

In 1973, the US Supreme Court case Roe v. Wade set a precedent for abortion laws, ruling that abortion should be legal in the first trimester, with increasing restrictions in the second and third trimesters. However, in 2022, this ruling was overturned by the case Dobbs v. Jackson Women's Health Organization, allowing individual US states to regulate abortion.

Current Abortion Laws

Currently, abortion laws vary significantly worldwide, with some countries, like Japan, Sweden, and Canada, having very liberal laws, while others, like Poland, Morocco, and the US, have highly restrictive laws. In some countries, abortion is only permitted under specific circumstances, such as rape, incest, fetal defects, or risk to the mother's health.

Unsafe abortions are a major cause of maternal injury and death, particularly in developing countries, and it is estimated that approximately 20 million unsafe abortions are performed annually. Restrictive abortion laws are associated with higher rates of unsafe abortion and similar overall abortion rates compared to countries where abortion is legal and accessible.

Arguments for and against Abortion

Those who support abortion's legality often argue that it is a woman's reproductive right and that it is essential for public health and the attainment of sexual and reproductive health. They also highlight the fact that criminalising abortion does not stop abortions but makes them less safe.

On the other hand, those who oppose abortion often equate it with murder, believing that the embryo or fetus has a right to life. They may also argue that abortion is immoral or goes against their religious beliefs.

The safety of abortion

Abortion is one of the safest medical procedures, but its safety depends on a few factors. Firstly, it must be carried out with a method recommended by the World Health Organization (WHO) and appropriate to the pregnancy's duration. Secondly, the person carrying out the abortion must have the necessary skills.

In the United States, abortion is among the most regulated medical procedures in the nation. The safety of abortion is also impacted by the unique regulatory environment surrounding it. For instance, federal restrictions on the distribution of Mifeprex (mifepristone), one of the drugs used in medication abortions, limit its distribution to clinics, hospitals, or medical offices under the supervision of a certified prescriber. It cannot be sold in retail pharmacies.

Abortion safety is also influenced by state-level regulations, which vary widely. These regulations can affect the type of clinician permitted to perform an abortion, health insurance coverage, the abortion method used, the timing and scheduling of procedures, and the physical attributes of the clinical setting.

Abortion safety can be further ensured by comprehensive sexuality education, prevention of unintended pregnancies through effective contraception, and the provision of legal, safe abortions.

In terms of physical health effects, research shows that having an abortion does not increase a woman's risk of secondary infertility, pregnancy-related hypertensive disorders, abnormal placentation, preterm birth, or breast cancer. However, the risk of very preterm birth (<28 weeks' gestation) in a woman's first birth is associated with having two or more prior aspiration abortions.

Regarding mental health, studies indicate that having an abortion does not increase a woman's risk of depression, anxiety, or post-traumatic stress disorder. Furthermore, evidence suggests that people are more likely to experience psychological issues when denied an abortion.

Abortion safety is also linked to the availability of trained clinicians who can provide competent care, including patient preparation, clinical assessment, pain management, and contraceptive counseling.

To summarize, abortion safety is a multifaceted issue that is influenced by various factors, including the method used, the skill of the provider, gestation period, regulations, and access to trained clinicians. Ensuring abortion safety requires a combination of evidence-based practices, comprehensive sexuality education, and access to legal and timely abortion services.

The morality of abortion

The Right to Bodily Autonomy and Reproductive Justice

The right to bodily autonomy and reproductive freedom is at the heart of the argument for the morality of abortion. This perspective holds that individuals, particularly women and girls, have the right to make decisions about their own bodies and reproductive choices. It recognises that pregnancy and childbirth can have significant physical, mental, and social implications, and that individuals should have the autonomy to choose whether or not to continue a pregnancy. This perspective is often aligned with feminist and progressive movements, advocating for gender equality and social justice.

The Right to Life and Personhood

On the other hand, those who oppose abortion often argue that it is immoral and unethical because it violates the right to life of the fetus. They believe that life begins at conception and that the fetus is a person with inherent rights, including the right to life. This perspective equates abortion with murder and considers it a form of violence against the unborn. This view is often rooted in religious and cultural beliefs, with strong opposition to abortion among certain religious groups, such as evangelical Christians and Catholics.

The Impact on Women's Health and Safety

The safety and health implications of abortion are also central to the debate. Pro-choice advocates argue that legal and safe access to abortion is essential for women's health and well-being. They highlight the risks associated with unsafe abortions, particularly in countries with restrictive abortion laws, where women resort to clandestine and dangerous procedures. In contrast, anti-abortion activists maintain that abortion poses physical and mental health risks to women, citing potential complications and long-term psychological effects.

The Role of Law and Policy

The legality of abortion varies across jurisdictions, and the impact of laws and policies on abortion access is a critical aspect of the morality debate. Pro-choice advocates argue that restrictive abortion laws infringe upon women's rights and push them towards unsafe and illegal procedures. They advocate for the decriminalisation of abortion and the removal of legal barriers to ensure safe and accessible abortion services. On the other hand, anti-abortion activists support restrictive laws as a means of protecting fetal life and deterring women from having abortions. They believe that legal restrictions are necessary to uphold the sanctity of life and reflect societal values.

The Impact on Society and Demographics

Abortion is also a moral issue due to its potential impact on society and demographics. Some argue that abortion is necessary to address issues of population control, especially in developing countries with high birth rates and limited resources. Additionally, abortion can be seen as a tool to address social inequalities and promote gender equality, as unintended pregnancies disproportionately affect marginalised communities. However, critics argue that abortion can be used as a form of population control, targeting specific racial or ethnic groups, and reinforcing systemic injustices.

Weighing the Arguments

The future of abortion laws

Decriminalisation and Legalisation

Abortion laws are currently a divisive issue, with some countries and states having restrictive laws while others are moving towards decriminalisation or legalisation. Decriminalisation refers to removing criminal sanctions and treating abortion as a health issue. Legalisation, on the other hand, typically involves identifying specific grounds for permitting abortion. The ideal approach is to have no criminal law, as in Canada, where abortion is available on request without restrictions. This ensures women's autonomy and improves access to safe procedures.

Public Health and Human Rights

The World Health Organization (WHO) has emphasised that abortion should be safe, simple, and accessible to all who need it. Restrictive laws often result in unsafe abortions, especially in developing countries, leading to fatal consequences and disabilities. Human rights organisations like Amnesty International advocate for abortion as a human right, connected to the right to life, health, and freedom from violence and discrimination.

Political and Social Factors

Global Variations

Ongoing Challenges and Barriers

Even in places where abortion is legal, various challenges persist. These include cost, distance to services, social stigma, and conservative attitudes among medical staff. Additionally, criminalisation, restrictive laws, and other barriers prevent people from seeking abortions or accessing safe procedures, particularly affecting those from marginalised communities.

The Way Forward

To create a future where abortion rights are respected and accessible, a multi-faceted approach is necessary. This includes legal reforms to decriminalise abortion, addressing social and cultural barriers, and improving access to safe and affordable procedures. It is essential to recognise abortion as a fundamental aspect of reproductive justice and autonomy, ensuring that everyone has control over their fertility and body.

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