Abortion Laws: Where Are They And Why?

Abortion laws vary across the world, with some countries and territories liberalizing their abortion laws and recognizing abortion rights as fundamental human rights. In the United States, abortion laws vary by state following the overturn of Roe v. Wade by the Supreme Court in June 2022. As a result, abortion is illegal in some states, with varying restrictions and bans in place, while other states have strengthened protections for abortion rights. The changing legal landscape has led to concerns about access to reproductive care and the impact on marginalized groups.

Abortion laws in the US

In June 2022, the US Supreme Court overturned Roe v. Wade, which had protected the federal constitutional right to abortion for nearly 50 years. This decision gave states the power to restrict or prohibit abortion altogether. As a result, abortion is now illegal in 13 to 14 states, with several others restricting abortion to the first or second trimester of pregnancy.

Some states prohibit abortion at all stages of pregnancy, with few exceptions, while others permit it up to a certain point or throughout the entire pregnancy. In states where abortion is legal, various restrictions may exist, such as parental consent or notification laws, mandatory waiting periods, and counselling requirements.

The fight over abortion access continues in courtrooms across the country, with advocates suing to block bans and restrictions. Some states have also expanded access to abortion by adding legal protections. The deeply uneven landscape of abortion laws has led to a divide between the south and midwest, where access to abortion clinics is limited, and the coasts, where access remains strong.

Abortion laws in Europe

Abortion laws vary across Europe, with the general trend being towards liberalisation. However, some countries are imposing restrictions on women seeking to terminate a pregnancy, and deep divisions over abortion rights remain. Here is an overview of abortion laws in different European countries:

France

France became the world's first country to make women's free choice to request an abortion a constitutional right in March 2024. Abortion rights have been legal in France since a landmark law passed in 1974, and they are more widely accepted than in many other countries, with polls showing around 80% of French people supporting pro-choice policies. The constitutional revision grants women the "guaranteed freedom" to end an unwanted pregnancy up until 14 weeks.

Poland

Poland introduced a de-facto abortion ban in early 2021, with terminations only permitted in cases of rape, incest, or if the mother's health or life is at risk. This ban prompted mass protests. In December 2022, the European Court of Human Rights (ECHR) ruled that Poland's refusal to allow a woman to have an abortion due to foetal anomaly breached her human rights. While Poland's newly appointed liberal prime minister, Donald Tusk, wants to allow abortion up to 12 weeks, he is likely to face significant opposition.

United Kingdom

In the United Kingdom, abortion is permitted up to 24 weeks of pregnancy. There is no time limit in cases where a woman's life is at risk or there is a serious foetal abnormality. A "pills-by-post" scheme introduced during the COVID-19 pandemic allows women to end pregnancies at home up to 10 weeks, but later abortions must be carried out in clinics. The conviction of a woman who terminated a late-term pregnancy with pills has sparked calls from some politicians and campaigners to fully decriminalise abortion.

Malta

Malta, a staunchly Catholic island nation, changed its strict anti-abortion laws in 2023 to allow termination only when a woman's life is in danger. Previously, Malta was the only European Union country with a complete ban on abortion, and it remains illegal under all other circumstances, including rape, incest, and severe foetal abnormalities. Reproductive rights experts argue that the new law could delay emergency treatment and endanger lives.

Italy

Italy, a traditionally Catholic country, has allowed terminations within 90 days of conception since 1978. However, accessing an abortion can be difficult as about two-thirds of gynaecologists refuse to perform the procedure on moral or religious grounds. Several regions have restricted the use of the abortion pill and funded anti-abortion groups. While Italy's right-wing prime minister, Giorgia Meloni, is anti-abortion, she has pledged not to change the law, instead focusing on providing women with alternatives.

Spain

In Spain, girls aged 16 and 17 can have abortions without parental consent due to legislation approved in 2023. Additionally, a mandatory three-day "reflection" period for women seeking terminations has been removed. Women can end unwanted pregnancies on demand within 14 weeks or up to 22 weeks in cases of severe foetal abnormalities. However, most women face problems accessing abortion services due to doctors refusing to perform the procedure, resulting in the majority of abortions being performed at private clinics.

Germany

In Germany, women can legally have an abortion within 12 weeks of conception, but only if they undergo counselling beforehand. Abortion remains in the criminal code and can technically lead to jail sentences of up to three years, although prosecutions are rare. An expert commission recently recommended fully decriminalising abortion within the first 12 weeks of pregnancy, but changing the law could be challenging as the right to life is enshrined in the constitution.

Hungary

Hungary has allowed abortion in the first 12 weeks since 1953, but tightened its rules in 2022. The restriction was understood to mean that women seeking abortions would have to first listen to the foetal heartbeat. Hungary is among a group of European countries that require women to undergo mandatory counselling before ending a pregnancy, a measure criticised by the World Health Organization.

Ireland

Ireland, a Catholic country, lifted an almost total ban on abortion in 2019 following a landslide referendum in 2018. Prior to the change, about 3,000 women travelled to Britain for terminations each year. Abortion is now allowed up to 12 weeks of pregnancy and later if the foetus has a terminal condition or the woman's health is at risk. The issue gained attention in 2012 when a woman who was miscarrying died from sepsis after doctors refused to end her pregnancy.

Abortion laws in Latin America

Latin America is known for its restrictive abortion laws, with Chile, El Salvador, and the Dominican Republic imposing criminal sanctions on abortion with no exceptions. In most countries, abortions are only allowed when necessary to save the pregnant woman's life or in other limited circumstances. Even in countries where abortion is not explicitly punished by law, women often have severely limited access due to a lack of proper regulation and political will.

In recent years, there have been some positive developments towards advancing women's reproductive rights. Cuba, Puerto Rico, Uruguay, and Argentina have legalized abortion nationwide without restrictions as to the cause. In Argentina, abortion is legal up until the 14th week of pregnancy, whereas previously, voluntary pregnancy interruption was only allowed under specific circumstances, such as rape or if the pregnant person's health or life was in danger.

Other countries have also made strides towards decriminalization. In Brazil, pregnancy termination is decriminalized in cases of rape, to protect the pregnant person's life, or if the fetus has anencephaly. Colombia has also decriminalized abortion under specific circumstances, including when the pregnant person's physical or mental health is at risk, when the fetus will not survive gestation, or when the pregnancy is the result of rape or artificial insemination. Mexico's legal status of abortion varies by state, with Mexico City, Oaxaca, Hidalgo, and Veracruz having the most progressive laws, allowing for decriminalized abortion up to twelve weeks of gestation.

Despite these advancements, Latin America remains a region with highly restrictive abortion laws, and public opinion on the issue is divided. While some support legalization under certain circumstances, such as rape, others believe abortion should be forbidden on principle.

Abortion laws in Africa

Abortion laws vary widely across Africa, with some countries taking a liberal approach and others enforcing strict restrictions. Here is an overview of abortion laws in three African countries: Nigeria, Ghana, and South Africa.

Nigeria

Nigeria has some of the strictest abortion laws in Africa. According to Nigerian legislation, abortion is illegal and carries a heavy prison sentence of up to 14 years unless it is performed to save the pregnant woman's life. This stance reflects a disregard for women's reproductive rights and bodily autonomy, and it has dangerous consequences for women's health. The restrictive abortion laws drive many women to resort to unsafe, clandestine abortion procedures, leading to high rates of maternal deaths and morbidity in the country. Despite Nigeria's high maternal mortality rate and international treaty commitments to protect women's reproductive rights, there is little momentum to reform the country's abortion laws.

Ghana

Ghana's abortion laws are moderately permissive. Abortions are legal if conducted by licensed health workers in approved institutions in specific situations. These include cases of rape, incest, fetal deformity or sickness, or to protect the physical or mental health of the pregnant woman. While Ghana's laws are more liberal than Nigeria's, abortion remains highly stigmatized in the country. This stigma, along with a lack of knowledge about the legality of abortion, contributes to a high number of unsafe abortions and consequently high maternal mortality rates.

South Africa

South Africa is recognized as one of the most progressive African countries regarding reproductive rights. Abortion was legalized in South Africa in 1996 through the Choice in Termination of Pregnancy Act. This legislation allows women of any age or marital status to access abortion services upon request during the first 12 weeks of pregnancy. In certain cases, abortions are permitted until the 20th week of pregnancy if the woman's social or economic circumstances, physical or mental health, or other factors are significantly impacted. Abortion services are provided for free at government hospitals and for a fee at private clinics. South Africa's liberal abortion laws have contributed to a decrease in abortion-related mortality rates and clandestine abortions, particularly among younger women.

Abortion laws in Asia

Nepal

Nepal is the only South Asian country that allows women access to abortion on request. The Supreme Court of Nepal, in the 2009 Lakshmi Dhikta v. Nepal case, affirmed that reproductive rights are an "inseparable part of women's human rights," and that the right to abortion holds a significant place within those rights. Despite this progressive legal framework, however, a 2016 survey revealed that only about 40% of Nepali women were aware that abortion is legal, and less than half knew where to access safe abortion services.

India

India has a relatively liberal abortion law, with the Medical Termination of Pregnancy (MTP) Act of 1971. The law has been expanded to increase access by raising the gestation limit for abortion from 20 to 24 weeks and removing marital status as a limitation. Nevertheless, the law falls short of granting women full agency, as doctors have the final say in the matter. Additionally, access to safe and legal abortions remains limited due to challenges such as finding providers, substandard health facilities, lack of awareness, and fear of stigmatization.

Bhutan

Bhutan's abortion law is more restrictive. Section 146 of the country's Penal Code permits abortion only when it is necessary to save the life of the woman, in cases of incest or rape, or when the mother is not of sound mental condition. As a result, many Bhutanese women cross the border to India for abortions, despite the dangers involved.

Sri Lanka

Sri Lanka has some of the most restrictive and punitive abortion laws in the region, with abortion being permitted only to save the woman's life or protect her physical health. Illegal abortions are easily accessible, and attempts to reform the abortion laws have failed due to anti-abortion sentiments.

Pakistan

Pakistan's abortion law is similarly restrictive, allowing abortion only to safeguard the woman's life or physical health. A survey of health professionals revealed that only 68% of women who have clandestine abortions obtain them from doctors, nurses, or midwives, while others turn to traditional providers, pharmacists, or self-induce, increasing their risk of complications.

Afghanistan

In Afghanistan, which has the highest birth rate in Asia, abortion remains a taboo. The law permits abortion only when the mother's life is in danger or when there is a risk of severe disabilities for the child. The country faces a high rate of pregnancy-related deaths, with a woman dying every two hours due to pregnancy complications.

While there has been a global trend towards liberalizing abortion laws, safe abortion remains challenging to access in many Asian countries, contributing to high maternal mortality rates and negative health outcomes for women.

Frequently asked questions