Abortion Laws: Why They're Relevant And Impactful

Abortion laws are relevant because they determine whether people who can get pregnant have autonomy over their bodies and lives. Abortion laws vary widely across the world, with some countries liberalising access and others restricting it. Restrictive abortion laws can cause physical and mental health complications, social and financial burdens, and even death. Liberal abortion laws, on the other hand, ensure that people who are pregnant have the right to control their fertility and exercise reproductive autonomy.

Abortion laws impact public health and human rights

Abortion laws are relevant because they impact public health and human rights. Abortion is a common health intervention, with around 73 million induced abortions taking place worldwide each year. It is a simple and safe procedure when carried out by someone with the necessary skills, using a method recommended by the World Health Organization (WHO). However, restrictive abortion laws and policies can prevent people from accessing safe and timely abortions, forcing them to resort to unsafe procedures that put their health and lives at risk. Lack of access to safe abortion care is a critical public health and human rights issue.

Unsafe abortions are a leading cause of maternal deaths and morbidities worldwide. They can lead to physical and mental health complications and impose social and financial burdens on individuals, communities, and health systems. In contrast, legal and accessible abortions can significantly reduce maternal mortality and morbidity. For example, the legalization of abortion in New York State and several other U.S. states in the 1970s led to a dramatic increase in the number of legal abortions and a decrease in the number of illegal abortions. This resulted in fewer women experiencing serious complications and a sharp drop in abortion-related deaths.

Restrictive abortion laws also violate several human rights, including the right to life, health, bodily autonomy, privacy, and non-discrimination. By criminalizing or restricting abortion, states infringe on individuals' reproductive autonomy and deny them their right to make decisions about their bodies and futures. Additionally, abortion restrictions disproportionately affect marginalized communities, including people on low incomes, refugees, migrants, LGBTIQ+ individuals, and racialized and Indigenous people, who often face greater barriers to accessing safe abortion services.

The criminalization of abortion has a compounding impact on those who are already marginalized. Health services are generally less accessible to marginalized communities, making it more difficult for them to seek safe abortions or access private care. Restrictive abortion laws also carry a "chilling effect," deterring healthcare providers from offering the best care options for their patients due to fear of criminal liability.

Furthermore, abortion laws have historically been influenced by misogyny, religion, morality, and political agendas. Efforts to reform abortion laws and policies have been slow and challenging due to the deep-rooted opposition to abortion in many societies. However, a growing number of governments and international human rights bodies are recognizing the importance of safe abortion access as a human right and a public health issue.

Abortion laws can cause harm and even death

The restrictive abortion laws in some countries can lead to unsafe abortions and put people's lives at risk. For example, in countries where abortion is criminalized or highly restricted, people may resort to unsafe methods such as drinking toxic fluids, using dangerous objects, or self-inducing abortions without medical supervision. These unsafe methods can have serious complications and even lead to death.

The lack of access to safe and legal abortion services can also contribute to the harm caused by restrictive abortion laws. In some cases, people may not be able to afford the costs associated with obtaining a legal abortion, such as travel expenses or taking time off work. This can lead to people seeking unsafe and illegal abortions, putting their health and lives at risk. Additionally, the stigma associated with abortion can deter people from seeking safe and legal abortions, even in places where it is permitted. The social and cultural barriers that exist around abortion can make it difficult for people to access the care they need, increasing the risk of harm.

Furthermore, restrictive abortion laws can also have negative economic and social consequences. For instance, the lack of access to safe and legal abortions can result in a loss of educational and economic opportunities for individuals, particularly those from marginalized communities. The restrictions can also deepen historical marginalization and hinder people's ability to exercise their reproductive autonomy.

It is important to recognize that restrictive abortion laws do not reduce the number of abortions but rather make them less safe. Liberalizing abortion laws, on the other hand, can reduce the rate of abortion-related morbidity and mortality. By providing access to safe and legal abortions, countries can improve public health outcomes and protect the human rights of individuals.

Abortion laws can restrict bodily autonomy

The criminalisation of abortion restricts bodily autonomy by making it difficult for people to access safe and legal abortions. In places where abortion is criminalised, stigmatised, or restricted, people are forced to resort to unsafe abortions, which can have fatal consequences. This is especially true for people from historically marginalised communities, who face social, economic, and political barriers that hinder their ability to exercise reproductive autonomy.

In some countries, abortion laws impose strict gestational limits, beyond which abortion is illegal. These laws can restrict bodily autonomy by preventing people from making their own decisions about their pregnancies and forcing them to continue with unwanted pregnancies.

Additionally, abortion laws that do not include exceptions for cases of rape or incest can further restrict bodily autonomy by denying survivors of sexual violence access to safe and legal abortions. These exceptions are often not survivor-centred and do not meet the needs of survivors, as they may require reporting to law enforcement, which can be retraumatising and difficult for many survivors.

Abortion laws that restrict access based on economic or social grounds can also limit bodily autonomy by preventing people from making decisions about their own bodies and futures. These laws disproportionately affect marginalised communities, including BIPOC, LGBTQIA+, disabled individuals, and low-income communities.

Abortion laws that are influenced by religious or moral beliefs can also restrict bodily autonomy by imposing a particular set of beliefs on individuals, regardless of their own beliefs or circumstances.

Overall, abortion laws can have a significant impact on bodily autonomy, and it is important to recognise that everyone has the right to make their own decisions about their bodies and reproductive lives.

Abortion laws can be influenced by religion

Abortion laws can be heavily influenced by religion. The religious influence over a country's population tends to be one of the most significant determining factors on the legality of abortion.

Christianity

There is no explicit mention of abortion in the Bible, nor is there a specific commandment against it. However, some scholars have concluded that early Christians considered abortion a sin at all stages, seeing it as morally equivalent to murder. This viewpoint is still held by some Christian denominations today, including the Catholic Church and many Evangelical Christians. These two denominations are primary participants in interest advocacy groups and are strongly associated with anti-abortion activities, such as lobbying, activism, and protesting. However, it is worth noting that states with a higher percentage of Catholics or Evangelical Christians are not more likely to have abortion restrictions in their state legislature.

Other Christian denominations, such as the Methodist Church, Episcopal Church, and the Evangelical Lutheran Church of America, are more permissive of abortion. They may consider life to begin later in the pregnancy, such as after the first trimester, or they may allow for exceptions in cases of rape, incest, or to protect the health of the mother.

Islam

Each of the four Sunni Islam schools of thought has its own reservations about if and when abortions are permissible. The Maliki madhhab, for example, holds that the fetus is ensouled at conception and thus does not permit abortion at any point. On the other hand, some scholars of the Hanafi school believe that abortion before the 120-day period is over is permissible, though it is still discouraged. In Shia Islam, abortion is forbidden after the implantation of the fertilized ovum, but it may be allowed to save the life of the mother or in cases of severe fetal deformity.

Buddhism

There is no single Buddhist view on abortion. Some traditional sources, including Buddhist monastic codes, hold that life begins at conception and that abortion should be rejected. However, the Buddhist belief that "life is a continuum with no discernible starting point" complicates the issue. The Dalai Lama has stated that abortion is "negative" but that it should be approved or disapproved according to each circumstance. Modern Buddhist teachers and abortion laws in many Buddhist countries recognize that protecting the life or physical health of the mother may justify abortion as a practical matter, despite potential negative moral or karmic consequences.

Hinduism

Most classical Hindu texts strongly condemn abortion, but the Sushruta Samhita recommends it if the fetus is defective. Hindu scholars and women's rights advocates have supported bans on sex-selective abortions, as there is a cultural preference for sons in India that has led to the practice of female foeticide. Some Hindus support abortion in cases where the mother's life is at imminent risk or when the fetus has a life-threatening developmental anomaly.

Judaism

Orthodox Jewish teaching allows abortion if necessary to safeguard the life of the pregnant woman, and reform Jews tend to allow greater latitude for abortion. The Hebrew Bible states that causing a woman to miscarry is a non-capital crime, as the fetus is not considered a person. However, there are also rulings in the Talmud and Torah that appear to conflict on the matter. While Orthodox Jews generally oppose abortion after the 40th day, with health-related exceptions, the Reform, Reconstructionist, and Conservative movements openly advocate for the right to a safe and accessible abortion.

Baháʼí Faith

Abortion is strongly deprecated in the Baháʼí Faith, unless there are medical reasons, such as rape, incest, lack of viability of the fetus, or the health of the mother. Shoghi Effendi, the Guardian of the Baháʼí Faith, considered the intentional termination of a pregnancy as the ending of a life, but there are no specific teachings in the Baháʼí sacred texts addressing it. Baháʼís are encouraged to decide based on their conscience and seek medical advice.

Unitarian Universalism

The Unitarian Universalist Church strongly supports abortion rights, declaring that the "right to choice on contraception and abortion are important aspects of the right of privacy, respect for human life, and freedom of conscience of women and their families".

Abortion laws can be influenced by politics

Abortion laws can be heavily influenced by politics, and politicians can have a significant impact on the accessibility of abortions. Political ideologies often shape the abortion debate, with "pro-life" individuals seeking to restrict abortion and "pro-choice" individuals advocating for fewer government restrictions.

In the United States, the Supreme Court's decision to overturn Roe v. Wade in 2022 removed nationwide protections for abortion rights, allowing states to criminalize or strengthen protections for abortion. This shift to state-level decision-making has led to a variety of abortion laws across the country. While some states have criminalized abortion, others have actively protected abortion access.

The political landscape also influences abortion laws internationally. Over the past 30 years, more than 60 countries and territories have liberalized their abortion laws, recognizing abortion rights as fundamental human rights. However, only four countries have reversed the legality of abortion.

The influence of politics on abortion laws is evident in the motivations behind legislative changes. For example, conservative politicians in the United States have been vocal opponents of abortion rights and are likely to continue advocating for restrictions. Their efforts may result in aggressive enforcement of abortion prohibitions and the introduction of new forms of restrictions, such as laws prohibiting women from leaving their state to obtain an abortion.

Additionally, political ideologies play a role in international abortion laws. For instance, conservative religious figures have influenced restrictive abortion laws in Central and Eastern European countries, while progressive abortion law reforms have been driven by public health and human rights grounds.

The politicization of abortion is further illustrated by its impact on elections. Abortion has become a significant factor in state judicial, legislative, and congressional elections, with candidates' positions on abortion influencing voters' choices.

Furthermore, political affiliations shape abortion views across different groups. For instance, Democrats are more likely than Republicans to support legal abortion, and religious affiliations also influence abortion opinions, with White evangelical Protestants mostly opposing abortion, while religiously unaffiliated individuals largely support it.

In conclusion, abortion laws are influenced by the political landscape, and this influence is evident in the varying abortion laws across states and countries. The politicization of abortion has led to a range of legislative changes, shaped elections, and contributed to the ongoing debate surrounding abortion rights.

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