The Abortion Law: Understanding The Impact And Implications

Abortion laws vary widely from country to country, and even within countries, and have changed over time. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. However, there are still countless barriers that prevent people from seeking abortions, including criminalisation, social stigma, and intersectional discrimination and marginalisation.

In 2024, France became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights to its constitution in 1974. In the same year, the US Supreme Court's overturning of Roe v. Wade gave states total leeway to restrict abortion or prohibit it altogether.

Abortion laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason. The most common gestational limit for countries in this category is 12 weeks, with limits calculated from the first day of the last menstrual period.

Abortion is a medical procedure that ends a pregnancy. It is basic healthcare needed by millions of women, girls, and people who can get pregnant. It is estimated that one in four pregnancies ends in abortion every year. In places where abortion is legal and accessible, and there is less stigma, people can get abortions safely and without risk. However, in places where abortion is stigmatised, criminalised, or restricted, people are forced to resort to unsafe abortions, which can lead to fatal consequences such as maternal deaths and disabilities.

The impact of abortion laws on marginalised groups

Abortion laws have a disproportionate impact on marginalised groups, and this is especially true in the United States following the Supreme Court's decision to overturn Roe v. Wade. This ruling has triggered abortion restrictions in 13 states, with over half of these located in the Southern United States.

In this region, "marginalised groups are disproportionately impacted by poverty and are dealing with the consequences of systemic racism," according to Penn sociologist Regina Baker. The Dobbs v. Jackson decision will only serve to exacerbate these issues, creating a cycle where "reproductive rights and autonomy are tied to financial and economic security and justice."

The lack of access to safe abortions for low-income people and people of colour will have a range of health and financial consequences, further compounding the effects of poverty and systemic racism. For instance, carrying a pregnancy to term can endanger the pregnant person's life, disrupt educational plans, and alter career trajectories.

Additionally, abortion bans will undoubtedly increase maternal mortality, particularly among Black people. Research by Amanda Stevenson of the University of Colorado Boulder predicts that in the first year following a total abortion ban, pregnancy-related deaths would increase by about 7%. In subsequent years, this number would jump by 21% overall and by 33% for Black people.

The criminalisation of abortion also disproportionately affects marginalised communities, including low-income individuals, refugees, migrants, LGBTI+ people, and racialised and Indigenous people. These groups often face greater challenges in accessing safe abortion services or alternative options such as private care.

Furthermore, abortion restrictions do not exist in a vacuum; they are part of a broader context of systemic issues and historical racism that continue to impact vulnerable communities. As a result, abortion bans will only serve to compound the disadvantages faced by Black, Latino, Indigenous, and rural populations, who already experience higher poverty rates.

Overall, the impact of abortion laws on marginalised groups is profound and far-reaching, affecting various aspects of their lives, from health and financial stability to social standing and future opportunities.

The criminalisation of abortion

In some countries, such as the United States, Sierra Leone, Poland, and Morocco, abortion is criminalised, and those who seek or assist with abortions face legal penalties. These laws vary, with some countries imposing life imprisonment for abortion, such as Equatorial Guinea and Zambia. The criminalisation of abortion disproportionately affects marginalised individuals, including those with low incomes, refugees, migrants, LGBTIQ+ individuals, and racialised and Indigenous people, as they encounter additional barriers to accessing health services.

The impact of criminalisation is further compounded by social stigma and intersectional discrimination, making it even more challenging for individuals to access safe abortion services. This stigma influences public opinion and shapes policies, resulting in restrictive laws and limited access to abortion. Even in places where abortion is recently decriminalised, such as Northern Ireland, individuals may still struggle to obtain abortion care due to uneven access, obstructed services, and lingering social stigma.

International human rights bodies and experts have emphasised that decriminalising abortion is necessary to protect fundamental human rights, including women's rights to life, health, and bodily autonomy. By criminalising abortion, states undermine these rights and put individuals at risk, particularly those from vulnerable communities.

Furthermore, criminalisation fails to achieve its purported goal of protecting life before birth. Data suggests that individuals facing unwanted pregnancies will seek abortion services regardless of punitive legal measures, and restrictive laws only push them towards unsafe and clandestine procedures. As a result, abortion restrictions have led to higher rates of unsafe abortions, contributing to short- and long-term health issues and even death.

The decriminalisation of abortion

• Not punishing anyone for providing a safe abortion
• Not punishing anyone for having an abortion
• Not involving the police in investigating or prosecuting safe abortion provision or practice
• Not involving the courts in deciding whether to allow an abortion
• Treating abortion like any other form of healthcare, using best practices in service delivery, training providers, and developing and applying evidence-based guidelines

Decriminalisation of abortion does not mean that there are no laws or regulations governing the procedure. Instead, it shifts the focus to ensuring safe and accessible abortion services, treating it as an essential aspect of healthcare.

The movement towards decriminalisation recognises that restrictive abortion laws do not prevent abortions from taking place but instead drive them underground, leading to unsafe practices and negative health outcomes. By decriminalising abortion, countries can reduce maternal deaths and disabilities caused by unsafe abortions.

Additionally, decriminalisation is about more than just legal changes. It also involves addressing the social, cultural, and economic barriers that hinder individuals from exercising their reproductive rights. These include criminalisation, social stigma, and intersectional discrimination and marginalisation.

Decriminalisation of abortion is a human rights issue, affirming the right to bodily autonomy and reproductive justice. It is a global trend, with more than 60 countries liberalising their abortion laws over the past 30 years. However, there are still contexts where abortion is criminalised or highly restricted, and continued efforts are needed to ensure that abortion rights are respected and protected worldwide.

Gestational limits for abortions

In the United States, abortion laws vary at the state level. 28 states have abortion bans based on gestational duration, with 8 states banning abortion at or before 18 weeks of gestation, and 20 states banning abortion at some point after 18 weeks.

In the United Kingdom, the Abortion Act of 1967 initially allowed abortions up to 28 weeks of gestation, but this limit was later reduced to 24 weeks.

In France, abortions are permitted up to 12 weeks of gestation for abortions on request, and up to 14 weeks for abortions in cases of fetal impairment or risk to the woman's health.

In Canada, abortions are permitted up to 24 weeks of gestation, with some provinces allowing abortions up to 28 weeks in cases of fetal impairment or risk to the woman's health.

In Mexico, abortion laws vary by state, with some states allowing abortions up to 12 weeks of gestation, and others permitting abortions up to 20 weeks.

In Japan, abortions are allowed up to 22 weeks of gestation for abortions on request, and up to 24 weeks for abortions in cases of fetal impairment or risk to the woman's health.

In Ethiopia, abortions are permitted within the first 12 weeks of pregnancy for abortions on request, and up to 24 weeks in cases of rape, incest, fetal impairment, or risk to the woman's health or life.

The impact of abortion laws on tech platforms

The US Supreme Court's decision to overturn Roe v. Wade in June 2022 has had a profound impact on abortion laws and reproductive rights across the country. With abortion now illegal in 13 states and severely restricted in many others, tech platforms have come under scrutiny for their role in enabling the surveillance and prosecution of individuals seeking abortions. This has sparked discussions and actions regarding the protection of user data and the responsibility of tech companies in safeguarding the privacy and rights of their users.

The Role of Tech Platforms in Abortion Surveillance

Tech platforms have been implicated in the abortion debate due to their extensive data collection practices. With the criminalization of abortion in several states, there are concerns that law enforcement or vigilantes could use location data, text messages, search histories, emails, and even period and ovulation-tracking apps to prosecute individuals seeking abortions or reproductive healthcare. This has already occurred in the case of Latice Fisher, a Black woman from Mississippi who was charged with second-degree murder after experiencing a pregnancy loss and whose online search history, including queries on abortion pills, was used as evidence against her.

The Response of Tech Companies

In response to these concerns, some tech companies have taken steps to protect user data and privacy. Google, for example, announced that it would automatically delete records of user visits to sensitive locations, including abortion clinics, and made changes to its Fitbit software to allow users to delete period-tracking logs. Other tech companies, like period-tracking apps Flo Health and Clue, have also emphasized their commitment to protecting user data and privacy.

The Impact on Tech Platforms

The Way Forward for Tech Platforms

To address these challenges, tech platforms can take several steps:

• Strengthen privacy protections: Tech platforms can strengthen their privacy policies and encryption measures to protect user data from unauthorized access and abuse.
• Limit data collection and sharing: Tech companies can minimize the collection and sharing of sensitive data, particularly information that can reveal pregnancy status or abortion-related searches.
• Refrain from using AI tools for pregnancy inference: Tech platforms should avoid using artificial intelligence tools that can infer which users are likely to be pregnant, as this could make them vulnerable to abortion-related surveillance or prosecution.
• Advocate for comprehensive data privacy laws: Tech companies can use their influence to advocate for comprehensive federal data privacy laws that protect user information, including reproductive health data.
• Collaborate with reproductive rights organizations: Tech platforms can partner with reproductive rights organizations to develop policies and tools that protect users seeking abortions or reproductive healthcare.

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