Abortion Laws: Vital For Women's Rights And Health

Abortion laws are important because they determine whether people who can get pregnant have autonomy over their bodies and their future. These laws vary widely across the world, ranging from abortion being freely available on request to outright prohibition in all circumstances. Restrictive abortion laws cause enormous harm, and human rights bodies have consistently condemned them, calling for abortion to be decriminalised and recognised as a fundamental human right.

Abortion laws vary across the world, from being freely available on request to being prohibited in all circumstances

Abortion laws vary significantly across the world, from being freely available on request 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. In 2024, France became the first country to explicitly protect abortion rights in its constitution.

The laws surrounding abortion range from abortion being freely available on request, to having varying levels of regulation and restriction, to being prohibited altogether. Many countries that allow abortion have gestational limits for the procedure, with the majority being 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.

The global trend is towards the liberalization of abortion laws, with more than 60 countries and territories having liberalized their abortion laws over the past 30 years. This shift is driven by the recognition of abortion rights as fundamental human rights, with international human rights bodies calling for progressive abortion law reform.

However, there is still a significant number of countries with restrictive abortion laws. Approximately 25% of the world's population lives in countries with highly restrictive abortion laws, which either completely ban abortion or allow it only to save the mother's life. These laws create barriers for people seeking abortions and can lead to unsafe abortions, particularly in developing countries.

The criminalization of abortion has a disproportionate impact on marginalized communities, as they often face social, economic, and political conditions that hinder their ability to access safe abortion services. Additionally, restrictive abortion laws do not stop abortions from happening but instead make them less safe, leading to maternal deaths and disabilities.

The United States is a notable outlier to the global trend towards liberalization, with the Supreme Court's decision to overturn Roe v. Wade in 2022, abolishing the national right to abortion and resulting in a state-by-state battle for abortion rights. As of October 2024, abortion is banned in 14 states, while four states have banned the procedure after approximately six weeks of pregnancy.

Restrictive abortion laws have negative health implications, leading to unsafe abortions and an increase in maternal deaths

Restrictive abortion laws have been shown to have negative health implications, leading to unsafe abortions and an increase in maternal deaths.

Abortion laws that are restrictive in nature do not reduce the number of abortions. Instead, they push women to seek out unsafe methods of abortion, risking their lives and health. According to the World Health Organization, 23,000 women die each year from unsafe abortions, with tens of thousands more experiencing significant health complications. Unsafe abortions are the third leading cause of preventable maternal deaths worldwide and are responsible for 5 million largely preventable disabilities.

In the United States, the impact of restrictive abortion laws is disproportionately felt by low-income people of colour, immigrants, and non-English speakers. Black birthing people are twice as likely to experience maternal mortality and severe maternal morbidity compared to their White counterparts. Restrictive abortion laws create geographic, transportation, and financial barriers to obtaining an abortion, which can result in increased rates of maternal death and adverse outcomes.

The closure of abortion clinics and restrictions on abortion access lead to a decrease in the number of abortions performed. This is due to the increased travel distance to reach the nearest clinic and the congestion of remaining clinics, which serve both local and out-of-state patients. As a result, there is a negative impact on the delivery of other reproductive health care services, such as breast exams, mammograms, and pap smears.

The lack of access to safe and legal abortions can also have far-reaching consequences for women's education, workforce participation, and political life. Improving social safety net programs for women can help reduce gender gaps and improve their health and chances to fulfill their potential. It can also help reduce the number of abortions over time by providing women with better education, access to reproductive health care, and fair employment opportunities.

The negative health implications of restrictive abortion laws are evident, and the impact is felt most severely by vulnerable communities. It is crucial to address these laws and their consequences to ensure the health and well-being of women and birthing people worldwide.

Abortion laws are influenced by religion, morality, ethics, practicality, and politics

Abortion laws are influenced by a complex interplay of factors, including religion, morality, ethics, practicality, and politics. These factors shape the abortion debate and inform the positions of various stakeholders. Here's a more detailed look at each of these influences:

Religion

Religion has been a significant factor in shaping abortion laws and public opinion. In the United States, for example, White evangelical Protestants are among the most vocal opponents of abortion, with a majority saying that abortion should be illegal in all cases. They often cite religious beliefs and the notion that life begins at conception as the basis for their opposition. On the other hand, religious "nones," or those unaffiliated with any particular religion, tend to be more supportive of legal abortion, emphasizing individual autonomy and the separation of church and state.

Morality and Ethics

The morality of abortion is a highly debated topic, with varying perspectives across different segments of society. Some individuals view abortion as morally wrong in all cases, while others see it as morally acceptable in certain circumstances. For instance, many people believe that abortion is justifiable when a pregnancy endangers the life or health of the woman or results from rape or incest. The ethical debate often revolves around questions of fetal personhood, the rights of the pregnant woman, and the circumstances surrounding the pregnancy.

Practicality

Practical considerations also play a role in shaping abortion laws and policies. One key practical concern is the impact of abortion laws on women's health and safety. Restrictive abortion laws can lead to unsafe abortions, particularly in developing countries, resulting in maternal deaths and disabilities. Additionally, practical barriers, such as the cost of travel to access abortion services or the inability to take time off work, can hinder individuals from seeking abortions even in places where it is legal.

Politics

Abortion is a highly politicized issue, with partisan differences influencing abortion laws and public opinion. In the United States, for example, Democrats are generally more supportive of legal abortion and women's reproductive rights, while Republicans tend to favor stricter abortion regulations. These political differences have significant implications for the legislative process and the enactment of abortion laws.

Abortion laws are often shaped by concerns about women's health and wellbeing, including mental health

Abortion laws are often shaped by concerns about women's health and wellbeing, including their mental health. In the US, the 1967 Abortion Act states that an abortion is legal if it is performed by a registered medical practitioner and authorised by two doctors, acting in good faith, on the grounds that the continuation of the pregnancy would pose a risk to the physical or mental health of the pregnant woman. This Act does not apply to Northern Ireland, where abortion law is governed by the Bourne Decision, which states that an abortion is legal if a doctor is 'of the opinion on reasonable grounds and with adequate knowledge of the probable consequences' that continuing the pregnancy would 'make the woman a physical or mental wreck'.

International research shows that having an abortion is not linked to mental health issues, but restricting access to safe and legal abortions does cause harm. Research has shown that people who are denied abortions have worse physical and mental health outcomes than those who receive them. The Turnaway Study, a landmark analysis of abortion, found that women who had an abortion were no more likely to report negative emotions or suicidal thoughts than women who were denied an abortion. The study also found that women who proceeded with an unwanted pregnancy subsequently had more physical health problems, including two who died from childbirth complications.

Abortion laws that are shaped by concerns about women's health and wellbeing aim to protect women from the potential risks associated with continuing a pregnancy. By allowing women to access safe and legal abortions, these laws can help to reduce the risk of physical and mental health issues, as well as improve overall wellbeing and socioeconomic outcomes for women and their families.

In addition to physical and mental health concerns, abortion laws may also address issues of reproductive justice, seeking to address restrictions on reproductive health that perpetuate systems of oppression and lack of bodily autonomy. Reproductive justice seeks to address the historical legacy of restrictions on reproductive health, which have disproportionately impacted marginalised communities, including people of colour, immigrants, young people, and those living in rural areas. By removing medically unjustified restrictions on abortion services, these laws aim to protect the health and wellbeing of all individuals, regardless of their circumstances.

Overall, abortion laws that are shaped by concerns about women's health and wellbeing, including mental health, recognise the potential risks associated with continuing a pregnancy and seek to protect the physical, mental, and socioeconomic wellbeing of women and their families. By allowing access to safe and legal abortions, these laws can help to improve health outcomes and reduce health disparities, particularly for marginalised communities.

Abortion laws can be influenced by a country's political and economic climate, such as population growth targets

Abortion laws are influenced by a country's political and economic climate, including population growth targets. For instance, in the 19th century, most countries restricted abortion, with the primary sources of such laws being the imperial countries of Europe—Britain, France, Portugal, Spain, and Italy—which imposed their laws on their colonies. These laws were introduced for three main reasons: protecting women's health, punishing and deterring what was considered a sin or moral transgression, and safeguarding fetal life.

However, in the 20th century, countries like the Soviet Union, spurred by feminists, began to reform their abortion laws. These reforms were justified on public health and human rights grounds, as well as the need to promote smaller families for population and environmental reasons. The trend towards more progressive laws continued, and as of 2017, 27% of abortions were legal, though most were still unsafe.

The political and economic climate plays a significant role in abortion law reform. For example, in Turkey, the government passed a law in 1983 allowing fertility regulation and termination of pregnancy up to 10 weeks after conception due to population growth concerns. However, in recent years, President Erdogan has taken a pronatalist stance, urging couples to have more children, and expressing opposition to abortion services. While there have been no changes to the law, administrative changes have made it challenging to obtain an abortion in a state hospital.

Similarly, in Ethiopia, the government liberalized its abortion law in 2005, allowing abortions in cases of rape, incest, fetal impairment, and protection of the woman's life and health. This reform was accompanied by efforts to improve access to safe abortion services, resulting in a significant increase in the proportion of abortions provided in health facilities.

On the other hand, some countries with right-wing governments have moved towards more restrictive abortion laws. For instance, Chile banned abortion in 1989, and it wasn't until 2016 that a bill was introduced to permit abortions under specific circumstances. In Russia, the abortion law has fluctuated between permissive and restrictive depending on the political leader, with Vladimir Putin imposing numerous restrictions.

Abortion laws are also influenced by social and cultural factors, such as religious beliefs and attitudes towards gender equality and reproductive rights. Additionally, the availability of safe abortion services depends on a supportive political environment, universal accessibility, and a well-functioning health system.

Frequently asked questions