The Men Behind Abortion Laws: Unveiling Their Motives

Abortion laws are created predominantly by men, despite the fact that women are the ones most affected by them. Abortion is the termination of a pregnancy and is a common health intervention, with around 73 million abortions performed each year worldwide. It is a safe procedure when carried out by someone with the necessary skills and appropriate resources, but restrictive laws and social stigma create barriers to accessing safe abortions. The criminalisation of abortion has a disproportionate impact on marginalised communities, and those who are unable to access safe abortions may resort to unsafe methods that put their health at risk. The global trend is towards the liberalisation of abortion laws, recognising abortion rights as fundamental human rights. However, in some countries, such as the United States, there has been a regression of abortion rights, with the Supreme Court's reversal of Roe v. Wade in 2022. The creation and enforcement of abortion laws have significant implications for the lives and health of women and other pregnant people, and it is important to examine the role of men in shaping these laws.

The role of religion in abortion law

Religion plays a significant role in shaping abortion laws and public opinion around the world. Religious conservatives often perceive abortion as murder and believe that legalised abortion threatens social, moral, and religious values. The influence of religion over a country's population is a massive determining factor in the legality of abortion. Here is an analysis of the role of religion in abortion laws:

The Influence of Religious Doctrines

Religious doctrines and teachings greatly influence the perception of abortion. Many religions, including Christianity, Islam, Judaism, and Hinduism, have taken a stance on abortion, albeit with varying degrees of flexibility. For instance, the Catholic Church, the Eastern Orthodox Church, and many Evangelical Christians equate abortion to murder, believing that life begins at conception. On the other hand, some mainline Protestant denominations, such as the Methodist Church and the Episcopal Church, are more permissive of abortion. These differing religious views shape the legal and social landscape surrounding abortion.

The Impact on Lawmakers and Advocates

The religious beliefs of lawmakers and advocates play a crucial role in shaping abortion laws and policies. For example, in the United States, the recent regression of abortion rights can be attributed to the influence of religious groups and conservative lawmakers. Similarly, in Ireland, Nepal, and Latin America, abortion rights are increasingly recognised as fundamental human rights, reflecting the changing religious and cultural landscapes in these regions. The personal religious beliefs of those in positions of power directly impact the creation and enforcement of abortion laws.

The Intersection of Religion and Stigma

Religion is intricately linked to the stigma surrounding abortion. Women who seek abortions, regardless of their religious affiliation, often experience internalised, felt, and enacted stigma. Religious doctrines and communities that condemn abortion contribute to this stigma, leading to guilt, shame, and isolation for those who obtain abortions. This stigma can influence women's decision-making processes and create barriers to accessing safe and legal abortion services.

The Impact on Individual Women

For religious women who find themselves contemplating abortion, their personal beliefs and the doctrines of their faith can create a complex moral dilemma. Even in cases where a woman's life or health is at risk, religious teachings may conflict with the decision to terminate a pregnancy. This conflict can lead to spiritual concerns, distress, and internalised stigma, as women struggle to reconcile their religious identities with their reproductive choices.

The Need for a Secular Approach

To ensure that abortion laws are based on human rights and scientific evidence rather than religious doctrine, a secular approach is necessary. While recognising the influence of religion, it is essential to separate church and state when crafting abortion legislation. This separation allows for the protection of women's reproductive rights and ensures that laws are based on a foundation of equality and non-discrimination, rather than religious dogma.

The impact of abortion law on marginalised communities

Abortion laws have a profound impact on marginalised communities, who often face additional barriers to accessing safe and legal abortion services. The criminalisation of abortion and restrictive laws disproportionately affect those who are already marginalised, including people on low incomes, refugees, migrants, LGBTIQ+ individuals, and racialised and Indigenous people. These communities may encounter difficulties in seeking safe abortion services, either in another country or through private healthcare providers. The legal status of abortion can have life-and-death consequences for people in these communities.

Restrictive abortion laws and criminalisation of the procedure create a "chilling effect", deterring healthcare providers from offering the best care options and patients from seeking post-abortion care for fear of prosecution. This results in unsafe abortions, which are a leading cause of maternal deaths and disabilities worldwide. The impact is particularly severe in developing countries, where millions of women are hospitalised each year due to complications from unsafe abortions.

The social stigma associated with abortion further marginalises communities that are already vulnerable. This stigma, along with factors like cost and distance to services, creates barriers to accessing abortion, even in places where it is legal. The stigma and criminalisation of abortion also lead to underreporting and misclassification of maternal deaths related to unsafe abortions, making it difficult to fully comprehend the scope of the problem.

The denial of abortion care is a violation of human rights, as it infringes on the right to life, health, bodily autonomy, and freedom from discrimination and cruel, inhuman, and degrading treatment. Restrictive abortion laws and criminalisation disproportionately impact marginalised communities, deepening historical marginalisation and resulting in the loss of educational and economic opportunities.

The push for fetal personhood and punitive measures sought by anti-abortion movements further threaten the rights and well-being of marginalised communities, especially low-income people of colour, who are targeted by pregnancy criminalisation and face charges related to substance use during pregnancy. This trend reflects the changing nature of the anti-abortion movement, which has become dominated by conservative Protestants in the US South, linking abortion to opposition to LGBTQ+ rights and questions of church-state separation.

The legal status of abortion globally

Abortion laws vary widely among countries and territories, and have changed over time. There is a global trend towards the liberalization of abortion laws, with more than 60 countries and territories liberalizing their abortion laws over the past 30 years. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.

Abortion laws range from being freely available on request to having various kinds of regulations and restrictions, to being prohibited altogether. Many countries that allow abortion have gestational limits for the procedure depending on the reason for the abortion; the majority of countries allow abortions up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life.

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. The same year, the U.S. Supreme Court overturned Roe v. Wade, removing nationwide protections for abortion rights. Since then, some states have criminalized abortion while others have strengthened protections.

According to the World Health Organization (WHO), around 73 million abortions take place worldwide each year, with about 39 abortions per 1,000 women globally. This rate has remained roughly the same since 1990. Notably, the average abortion rate declined by 43% in countries with generally legal abortion (excluding China and India) between 1990-94 and 2015-19, while it increased by around 12% in countries with severe restrictions on abortion.

The safety of abortion procedures varies widely between countries where abortion is generally legal and countries with high restrictions. Almost 90% of abortions in countries with liberal abortion laws are considered safe, compared to just 25% of abortions in countries where abortion is banned. According to the WHO, approximately 5-13% of maternal deaths worldwide are due to complications from unsafe abortions, which occur mostly in developing countries.

While abortions are legal at least under certain conditions in almost all countries, these conditions vary widely. According to a United Nations (UN) report, abortion is allowed in 98% of countries to save a woman's life. Other commonly accepted reasons include 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, while 34% of countries allow abortion on the basis of a woman's request.

The criminalisation of abortion

In many countries, abortion is criminalised or heavily restricted, resulting in unsafe abortion practices that put women's lives at risk. According to the World Health Organization (WHO), unsafe abortions are performed by unskilled individuals, using hazardous equipment, or in unsanitary facilities. These unsafe procedures lead to approximately 5-13% of maternal deaths, with an estimated 22,000 to 44,000 deaths occurring each year. Additionally, unsafe abortions are responsible for 6.9 million hospital admissions annually.

The impact of criminalisation is compounded for those who are already marginalised, as health services are often less accessible to low-income individuals, refugees, migrants, LGBTI people, and racialised and Indigenous communities. This makes it more challenging for these groups to seek safe abortion services, either in their own country or by travelling elsewhere.

Despite the criminalisation of abortion in some countries, there has been a global trend towards the liberalisation of abortion laws. Over the past 30 years, more than 60 countries and territories have liberalised their abortion laws, recognising abortion rights as fundamental human rights. This shift is driven by the understanding that criminalisation does not prevent abortions but instead makes them less safe and more dangerous for those seeking them.

While the debate around the criminalisation of abortion remains ongoing, it is clear that restricting access to safe and legal abortion services has detrimental effects on the health and well-being of individuals, particularly those from marginalised communities.

The safety of abortion procedures

Abortion is a common and simple medical procedure that is very safe when carried out by someone with the necessary skills. However, restrictive abortion laws and social stigma can prevent people from seeking abortions, forcing them to resort to unsafe procedures.

In-clinic abortions are very safe, and serious complications are rare. However, as with any medical procedure, there are some risks involved. The chances of problems occurring increase the later the abortion takes place and if sedation or general anaesthesia is used. Possible risks include:

• The abortion not working and the pregnancy continuing
• Some pregnancy tissue remaining in the uterus
• Blood clots in the uterus
• Injury to the cervix, uterus, or other organs
• Allergic reaction to medication

These complications are usually easy to treat, but in extremely rare cases, they can be life-threatening. It is important to seek medical help immediately if any of the following symptoms occur:

• Heavy bleeding from the vagina that soaks through more than two maxi pads in an hour, for two or more hours in a row
• Severe pain or discomfort in the belly that medication doesn't help
• A fever of 100.4 degrees Fahrenheit or higher

Unsafe abortions are a major cause of maternal deaths and disabilities worldwide. They can lead to physical and mental health complications and impose financial burdens on individuals and health systems. Restrictive abortion laws contribute to unsafe abortions by limiting access to safe and timely abortion care.

To ensure the safety of abortion procedures, it is crucial to have a well-functioning health system that respects human rights and provides accessible and affordable care. This includes training health workers to provide safe and respectful abortion care, supporting them, and addressing social and economic barriers that hinder individuals' ability to exercise their reproductive rights.

Frequently asked questions