Abortion Laws: Recent Updates And Changes Across The Globe

Abortion laws have been updated in many countries over the past few decades, with a global trend towards liberalization. In the last 30 years, more than 60 countries and territories have liberalized their abortion laws, with abortion rights increasingly being recognized as fundamental human rights. This shift has been driven by women's rights advocates, public health considerations, and human rights activists.

The legal framework for abortion varies across nations, with statutes enacted by legislatures, regulations created by administrative agencies, and court decisions all playing a role. While some countries have completely prohibited abortion, others allow it under certain circumstances, such as to protect the woman's health or life, or in cases of rape, incest, or fetal impairment.

The first country to reform its abortion law was the Soviet Union in 1920, spurred by feminist Alexandra Kollontai. Since then, progressive abortion law reform has been justified on public health and human rights grounds, and as a means to promote smaller families and women's socioeconomic status.

Despite the overall trend towards liberalization, some countries have recently introduced new barriers and restrictions to abortion access, such as mandatory waiting periods, biased counseling requirements, and the unregulated practice of conscientious objection. These measures have been fueled by pronatalist and religious concerns, often in direct response to the global movement towards abortion law liberalization.

The impact of these new restrictions on public health and women's rights is yet to be fully understood, but evidence suggests that they compromise women's health and safety by delaying care and hindering access to safe and legal abortion services.

The overturning of Roe v. Wade in 2022

In 2022, the United States Supreme Court overturned Roe v. Wade, a 1973 ruling that had established a constitutional right to abortion. The 1973 decision held that a right to privacy was implicit in the Fourteenth Amendment's liberty guarantee, protecting abortion as a fundamental right. However, the government could still regulate or restrict abortion access, depending on the stage of pregnancy, and outright bans on abortion were permitted after fetal viability if they contained exceptions to preserve life and health.

The impact of the ruling has been significant, with abortion rights now being decided at the state level. Several states have adopted laws that drastically limit or ban abortion, while others have moved to expand or cement abortion rights, including through constitutional amendments. The decision has also sparked widespread debate and protests, with nearly half of Americans indicating their opposition to the overturning of Roe v. Wade.

The overturning of Roe v. Wade has had far-reaching consequences for abortion access and reproductive rights in the United States, and it remains a highly contentious and divisive issue.

The state-by-state battle for abortion rights

The Current Landscape

As of October 2024, abortion is banned in 14 states, including Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Carolina, Texas, and Tennessee. These bans vary in their specifics, with some states prohibiting abortion at all stages of pregnancy, while others allow it up to a certain point. For example, Florida bans abortion after 6 weeks, with exceptions for rape, incest, and human trafficking. On the other hand, Alabama has a near-total ban, with exceptions only to preserve the pregnant individual's life or physical health.

In contrast, some states have taken steps to protect abortion rights. Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wyoming have laws that protect abortion rights to varying degrees. For instance, California allows abortion up to the point of fetal viability or later if necessary to protect the life or health of the pregnant individual.

A Dynamic Situation

The situation regarding abortion rights is highly dynamic, with legal challenges and ballot measures constantly shaping the landscape. For example, in Georgia, a judge struck down the state's six-week abortion ban in September 2024, only to have it reinstated by the state supreme court a week later following an appeal by the Republican attorney general.

Additionally, ten states, including key battleground states like Arizona and Nevada, are scheduled to hold ballot measures on abortion rights during the November 2024 elections, which could further shift the landscape.

A Divided Nation

The battle for abortion rights has divided the nation, with access to abortion clinics varying drastically across the country. While access is cut off across much of the South and Midwest, it remains strong on both coasts. This has resulted in the creation of "abortion deserts" and "abortion havens," with millions of people in abortion deserts facing financial and logistical challenges in accessing legal care.

A Historical Perspective

The abortion debate in the US has a long history, dating back to the early 19th century. Connecticut was the first state to regulate abortion in 1821, outlawing it after "quickening" or the moment the fetus's movement is felt. Over time, many states passed various laws, and the issue became increasingly divisive, with the Supreme Court's Roe v. Wade decision in 1973 decriminalizing abortion nationwide. However, this decision was overturned in 2022, returning the power to regulate abortion to the states and sparking the ongoing state-by-state battle for abortion rights.

The history of abortion laws in the US

Abortion has been a common practice in the history of the United States, and for the first century of US history, it was not banned in any state. In the early days of the US, abortion was permissible until a woman felt the foetus move, or 'quickening'. At this point, state courts viewed "abortion after quickening as [a] common law crime".

In the 19th century, doctors seeking to drive out traditional healers, often led the way in campaigning for abortion to be banned. By 1880, every state had passed laws banning abortions except for therapeutic reasons. However, in practice, this meant wealthier women with better access to doctors were able to have abortions, while other women were left to bleed.

In the 20th century, as other countries began liberalising their abortion laws, women who could afford it began travelling overseas for abortions. In the 1960s, organisations such as the Chicago-based Jane Collective offered referrals to illegal abortions, and even began performing abortions themselves.

In 1973, the United States Supreme Court's Roe v. Wade decision decriminalised abortion nationwide. The ruling held that a woman's right to privacy included the abortion decision and established a minimal period during which abortion is legal, with more or fewer restrictions throughout the pregnancy. However, this ruling did not put an end to the debate over abortion laws in the US.

In 2022, the Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case, ending protection of abortion rights by the US Constitution and allowing individual states to regulate any aspect of abortion not preempted by federal law. As of 2024, abortion is illegal in 13 states.

The impact of abortion bans

Abortion bans have a far-reaching impact on the mental and physical health of those who need access to safe abortions. The World Health Organization (WHO) states that abortion is a simple health care intervention that can be safely and effectively managed by a wide range of health workers. However, when people with unintended pregnancies face barriers to attaining safe, timely, affordable, and non-discriminatory abortion care, they often resort to unsafe abortion methods. According to the WHO, around 45% of abortions are unsafe, and one-third of these are performed under the least safe conditions, i.e., by untrained persons using dangerous and invasive methods.

The inaccessibility of quality abortion care risks violating a range of human rights of women and girls, including the right to life, the right to the highest attainable standard of physical and mental health, and the right to decide freely and responsibly on the number, spacing, and timing of children. Restrictive abortion laws can cause distress and stigma and risk constituting a violation of human rights, including the right to privacy and the right to non-discrimination and equality.

Abortion bans also have economic impacts. Studies show that complications from unsafe abortions cost health systems in developing countries US$553 million per year for post-abortion treatments, and households experienced US$922 million in loss of income due to long-term disability related to unsafe abortion. Countries and health systems could make substantial monetary savings by providing greater access to modern contraception and quality induced abortion.

Abortion bans also affect the health care workforce. A study by Johns Hopkins Bloomberg School of Public Health found that there was a small but statistically significant increase in self-reported anxiety and depression symptoms among respondents in states that banned abortion after the Dobbs ruling, compared to those in states that did not enact bans. The changes were most pronounced among females ages 18 to 45. The study also found that residents may be less willing to attend a medical training program in a state that has banned abortion, which could result in a change in the quality of health care delivered in those states.

Another consequence of abortion bans is the increased travel distance for those seeking abortions. A 2019 study found that if Roe v. Wade were reversed and abortion bans were implemented in states with trigger laws, "increases in travel distance are estimated to prevent 93,546 to 143,561 women from accessing abortion care." This increased travel distance disproportionately affects those in marginalized groups, who may encounter compounding barriers to obtaining an abortion.

The future of abortion laws in the US

The future of abortion access will likely be determined by legal challenges and state ballot measures. In Georgia, for example, a judge struck down the state's six-week abortion ban in September 2024, but the Republican attorney general appealed, and the state supreme court reinstated the ban. Ten states, including key presidential battlegrounds such as Arizona and Nevada, are scheduled to hold ballot measures on abortion rights during the November 2024 elections.

The abortion landscape is deeply uneven, with access to abortion clinics cut off across much of the South and Midwest, but remaining strong on both coasts. As of October 2024, abortion is protected by state law in 21 states and is at risk of being severely limited or prohibited in 26 states and three territories.

The political divide on abortion is also reflected in the positions of the two major parties. The Republican Party generally seeks to restrict abortion access based on the stage of pregnancy or to criminalize it altogether, while the Democratic Party generally defends access to abortion and has made contraception more accessible.

The abortion debate in the US centres on patient choice and bodily autonomy versus the belief that a fetus has a right to live. The future of abortion laws in the US will continue to be a contentious issue, with public opinion and legal challenges shaping the landscape.

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