Abortion Laws: A Woman's Right To Choose

Abortion laws vary across the world, ranging from being freely available on request to outright prohibition. Many countries that allow abortion have gestational limits for the procedure depending on the reason. Abortion continues to be a controversial topic in many societies on religious, moral, ethical, practical, and political grounds.

Abortion is a common health intervention. It is very safe when carried out using a method recommended by the World Health Organization (WHO), appropriate to the pregnancy duration, and by someone with the necessary skills. However, around 45% of abortions are unsafe, leading to physical and mental health complications and social and financial burdens for women, communities, and health systems.

Restrictive abortion laws can cause distress and stigma and violate the human rights of women and girls, including the right to privacy, non-discrimination, equality, health, and bodily autonomy. These laws also impose financial burdens on women and girls, especially those from historically marginalized communities, who may not be able to afford to travel or seek private care.

There is an overwhelming trend towards the liberalization of abortion laws globally. Since its founding in 1992, the Center for Reproductive Rights has worked across the globe to expand reproductive freedom as a fundamental human right.

Abortion laws and human rights

Abortion laws vary widely among countries and territories, and have changed over time. Abortion continues to be a controversial topic in many societies, on religious, moral, ethical, practical, and political grounds.

Abortion laws can range from being freely available on request, to having various regulations or restrictions, to being prohibited in all circumstances. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.

Access to safe, legal abortion is a matter of human rights. Restricting or banning abortion access can jeopardise a range of internationally protected human rights, including the right to non-discrimination and equality, to life, health, and information, to freedom from torture and cruel, inhuman, and degrading treatment, to privacy and bodily autonomy and integrity, to decide the number and spacing of children, to liberty, to enjoy the benefits of scientific progress, and to freedom of conscience and religion.

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, LGBTI+ people, and racialised and Indigenous people.

In 2005, the United Nations Human Rights Committee (UN HRC) ordered Peru to compensate a woman (known as K.L.) for denying her a medically indicated abortion. This was the first time a UN Committee had held any country accountable for not ensuring access to safe, legal abortion, and the first time the committee affirmed that abortion is a human right.

History of Abortion Laws

In the 19th century, many Western countries began to codify abortion laws or place further restrictions on the practice. Anti-abortion movements were led by a combination of groups opposed to abortion on moral grounds and by medical professionals concerned about the dangers of the procedure.

By the first half of the 20th century, many countries had begun to liberalise abortion laws, at least when performed to protect the woman's life, and in some cases, on the woman's request. The Soviet Union became the first modern state to legalise abortions on request, with the law first introduced in the Russian SFSR in 1920.

In the United Kingdom, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 weeks (later reduced to 24 weeks). Other countries soon followed, including Canada (1969), the United States (1973), Tunisia and Denmark (1973), Austria (1974), France and Sweden (1975), and New Zealand (1977).

Current Abortion Laws

As of 2024, 67 countries have legalised or decriminalised abortion on request. Countries that legally allow abortion on request include Canada, most European countries, and China.

In Latin America, abortion on request is only legal in Cuba (1965), Uruguay (2012), Argentina (2021), Colombia (2022), and in parts of Mexico. Abortions are completely banned in the Dominican Republic, El Salvador, Honduras, and Nicaragua, and only allowed in certain restricted circumstances in most other Latin American nations.

According to a United Nations (UN) report with data gathered up to 2019, abortion is allowed in 98% of countries to save a woman's life. Other commonly accepted reasons are preserving physical (72%) or mental health (69%), in cases of rape or incest (61%), and in cases of fetal impairment (61%). Performing an abortion for economic or social reasons is accepted in 37% of countries, and on the basis of a woman's request in 34% of countries.

Abortion laws vary significantly worldwide, and continue to be a highly debated topic. Restricting or banning abortions can have detrimental effects on the human rights of those seeking abortions, particularly those from marginalised communities.

Abortion stigma

Abortion laws vary widely among countries and territories 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. Abortion continues to be a controversial subject in many societies on religious, moral, ethical, practical, and political grounds. While it has been banned or restricted by law in many jurisdictions, abortions remain common in many areas, even where they are illegal.

Abortion has existed since ancient times, with natural abortifacients found among a wide variety of tribal people and in most written sources. The earliest known records of abortion techniques and general reproductive regulation date back to 2700 BC in China and 1550 BC in Egypt. Early texts contain little mention of abortion or abortion law, and when it does appear, it is often entailed in concerns about male property rights, preservation of social order, and the duty to produce fit citizens for the state or community.

In the 19th century, many Western countries began to codify abortion laws or place further restrictions on the practice due to a combination of moral opposition and concerns about the dangers of the procedure. However, it became clear that illegal abortions continued to take place in large numbers, and it was difficult to obtain sufficient evidence to prosecute women and abortion doctors. Political movements soon coalesced around the legalization of abortion and liberalization of existing laws.

By the first half of the 20th century, many countries had begun to liberalize abortion laws, at least when performed to protect the woman's life and, in some cases, on the woman's request. Under Vladimir Lenin, the Soviet Union became the first modern state to legalise abortions on request. The Bolsheviks saw abortion as a social evil created by the capitalist system, which left women without the economic means to raise children.

In recent decades, a combination of legal reforms, court rulings, and public health guidelines have improved access to safe abortion for women in Latin America. These include allowing abortion on request in the first trimester of pregnancy, as in Mexico City (since 2007) and Uruguay (since 2012).

Abortion decriminalisation

• Not punishing anyone for providing or receiving a safe abortion.
• Keeping the police and courts out of the decision-making process.
• Treating abortion as any other healthcare service, following best practices and evidence-based guidelines.

Global Perspectives on Abortion Decriminalisation:

• Canada is often cited as a successful example of abortion decriminalisation, having removed all criminal sanctions since 1988.
• In Australia, abortion has been decriminalised in some states and territories, with varying levels of access and restrictions.
• The United Kingdom legalised abortions in 1967, but they are still governed by the 1861 Offences Against the Person Act.
• The United States legalised abortion in 1973, but each state has different laws, ranging from very liberal to very restrictive.
• Latin America has a mix of highly restrictive abortion laws and progressive reforms, with only a few countries allowing abortion on request.
• Western Europe generally has more liberal abortion laws, with countries like France and Sweden making significant strides towards decriminalisation.
• Eastern Europe and Central Europe have experienced a backlash against abortion rights, with countries like Poland introducing highly restrictive laws.
• Africa has seen efforts towards decriminalisation, with the African Commission on Human and Peoples' Rights calling for safe and legal abortion as a human right.
• Asia has a mix of abortion laws, with some countries like Japan and China having more liberal policies, while others have strict restrictions.

Impact of Abortion Decriminalisation:

The impact of abortion decriminalisation can be complex and vary depending on the local context. Some potential effects include:

• Improved Access: Decriminalisation can lead to increased access to safe and legal abortions, especially in areas where it was previously restricted.
• Reduced Stigma: Removing criminal sanctions can help reduce the stigma associated with abortion, making it easier for individuals to seek services without fear of prosecution.
• Healthcare Improvements: Treating abortion as a healthcare service can lead to improved training, evidence-based guidelines, and better integration with other healthcare services.
• Economic Benefits: Reducing barriers to access and improving healthcare services can have positive economic impacts, reducing costs associated with unsafe abortions and their complications.

Challenges and Barriers:

Even in jurisdictions where abortion has been decriminalised, challenges and barriers to access may still exist, including:

• Restrictive Policies: While abortion may be decriminalised, other policies and regulations can still create barriers, such as mandatory waiting periods or biased counselling.
• Healthcare Provider Objections: In some cases, healthcare providers may object to providing abortions due to personal or religious beliefs, limiting access for individuals seeking services.
• Geographical Disparities: Decriminalisation at a national level may not always translate to improved access in all regions, particularly in rural or remote areas.
• Social and Cultural Factors: Stigma, cultural beliefs, and social pressures can influence individuals' decisions and access to abortion services, even in jurisdictions where it is decriminalised.

The impact of restrictive abortion laws

Restrictive abortion laws have a wide range of negative impacts on women's health and rights. According to the World Health Organization, unsafe abortions are a significant preventable cause of maternal deaths and morbidities, with around 45% of abortions worldwide being unsafe. Unsafe abortions can lead to physical and mental health complications, as well as social and financial burdens for women, their communities, and health systems.

In addition to the health risks, restrictive abortion laws can also violate a range of human rights, including the right to life, physical and mental health, privacy, non-discrimination, and equality. Such laws can also impose financial burdens on women, especially those with limited resources, by forcing them to travel long distances to access legal abortion services or requiring mandatory counselling and waiting periods.

Furthermore, restrictive abortion laws do not reduce the number of abortions. Instead, they drive women to seek unsafe abortions, often performed by untrained individuals using dangerous methods. This was evident in a study that found that countries with highly restrictive abortion laws had significantly higher proportions of unsafe abortions compared to countries with less restrictive laws.

Restrictive abortion laws also limit abortion education and training for medical professionals, which can exacerbate racial inequities in maternal health and further compromise the quality of routine obstetric care in certain regions.

The history of abortion laws

Pre-19th Century

In colonial America and the early days of the republic, there were no specific abortion laws. While church officials frowned upon the practice, treating it as evidence of illicit or premarital sex, abortion was not considered murder. Most scholars argue that ending a pregnancy was not illegal or even controversial during this period. Abortion was generally not prosecuted or condemned up to the point of "quickening", which is when a pregnant woman feels the fetus move for the first time, usually around four to five months into the pregnancy.

19th Century

The first abortion laws in the US appeared in the 19th century. In 1821, Connecticut passed the first state statute legislating abortion, punishing anyone who provided or took poison or "other noxious and destructive substances" with the intent to induce a miscarriage. This law was drafted to stem the sale of chemical mixes used to induce abortion. However, early abortion laws were ambiguous and not strictly enforced.

By the late 19th century, most states had laws restricting abortion. This was partly due to a growing women's rights movement, which advocated for "voluntary motherhood". Restricting abortion was seen as a way to control women and confine them to traditional childbearing roles. It was also a way for male doctors in the newly established medical profession to take control over childbirth and abortion from female midwives. Additionally, attacks on abortion access were rooted in racism and white supremacy, with the eugenics movement stoking fears about the loss of white identity.

20th Century

Despite legal prohibitions, abortions continued to be performed surreptitiously into the 20th century. Women with financial means could sometimes find physicians who would perform abortions for a high fee, while those without funds, especially women of color, suffered disproportionately and were often forced to resort to dangerous self-induced abortions.

In the 1960s, states across the country began to reconsider their abortion laws, and in 1973, the Supreme Court made abortion a legal right nationwide with two landmark rulings: Roe v. Wade and Doe v. Bolton. These decisions ruled that a pregnant person's right to privacy must be weighed against the state's interest in supporting maternal health and fetal life, allowing states to impose some restrictions but stopping short of a complete ban.

21st Century

Since the Roe v. Wade decision, abortion has remained a highly contentious issue in the US, with a constant back-and-forth between pro-choice and pro-life activists and lawmakers. In 2022, the Supreme Court overturned Roe v. Wade, ending the constitutional protection for abortion and allowing states to create abortion laws without restriction. This has resulted in a patchwork of abortion laws across the country, with some states banning abortion entirely while others have strengthened abortion rights.

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