Abortion Laws: Keep Government Out Of Women's Rights

Abortion laws are a highly debated topic, with some arguing that the government should have no say in the matter. While opinions vary, with some believing abortion should be illegal in all or most cases, the majority of Americans (61%) think it should be legal in all or most cases. The debate has intensified following the Supreme Court's decision to overturn Roe v. Wade, with citizens in six states voting for ballot measures to protect abortion access.

The discussion surrounding abortion laws is complex and deeply personal, with strong arguments on both sides. Those in favour of government intervention often cite moral and religious grounds, while others argue that it is a fundamental human right and a matter of bodily autonomy. Furthermore, restrictive abortion laws have been linked to an increase in unsafe abortions, which can lead to fatal consequences.

The impact of restrictive abortion laws is far-reaching, affecting not only those seeking abortions but also healthcare providers, who may face criminal charges and penalties for performing abortions in states where it is illegal. The result is a decrease in access to reproductive healthcare and an increase in pregnancy-related prosecutions, even in cases unrelated to abortion.

With such high stakes, it is clear that the government's role in abortion laws is a contentious issue that requires careful consideration and respect for individual freedoms and human rights.

Abortion is a human right and a basic healthcare need

Abortion is a basic healthcare need and a human right. It is a medical procedure that ends a pregnancy and is needed by millions of women, girls, and people who can become pregnant worldwide. It is estimated that one in four pregnancies ends in abortion every year.

Abortion is essential healthcare, and denying access to abortion services jeopardizes a person's physical and mental health, taking away their autonomy and agency. It denies them the freedom to live with dignity and on equal terms with other human beings, exposing them to violence and oppression. The denial of abortion services through criminalization or barriers and delays in access to lawful services can, in certain circumstances, constitute cruel, degrading, and inhumane treatment, amounting to torture and leading to arbitrary detention.

Restrictions on abortion disproportionately affect pregnant women and girls, putting them at risk. Some of the worst physical and mental injuries, forms of violence, and deprivations of liberty faced by women and girls worldwide are linked to unintended pregnancy and unsafe abortions. Approximately 25 million unsafe abortions take place annually, resulting in about 47,000 deaths, primarily in developing countries and among marginalized populations.

Abortion care is included in medical training, clinical practice, and continuing medical education. Sound health policies are based on scientific facts and evidence-based medicine, and personal decision-making by women and their doctors should not be replaced by political ideology.

The criminalization of abortion is a form of discrimination against women, girls, and all people who can become pregnant. Governments must create conditions in which all persons who can become pregnant are enabled to make autonomous decisions about their bodies, sexualities, and reproduction. Neglecting to accommodate the specific health needs of pregnant people is discrimination based on sex.

Abortion restrictions do not prevent abortions from taking place; they just move underground, increasing the risk of unsafe procedures and police involvement. The rate of unsafe abortions is nearly 45 times higher in countries with highly restrictive abortion laws than in countries where abortion is legal and unrestricted.

Abortion laws infringe on bodily autonomy and reproductive justice

Abortion laws also violate reproductive justice, which recognises that gender equality, sexual and reproductive rights, and social justice are strongly interrelated. Reproductive justice demands that states address social, economic, and political inequalities that prevent marginalised communities from exercising their sexual and reproductive rights.

Abortion laws create barriers that prevent people from seeking abortions, including criminalisation, social stigma, and intersectional discrimination and marginalisation. These barriers result in unsafe abortions, which can lead to fatal consequences such as maternal deaths and disabilities.

Abortion laws also have a disproportionate impact on marginalised communities, including Black, Indigenous, and people of colour; people with disabilities; immigrants; and those living in poverty. These communities often have poorer health outcomes and face additional barriers in accessing healthcare, which are exacerbated by abortion laws.

Abortion laws restrict access to reproductive healthcare and can result in the closure of reproductive health clinics, further limiting access to essential services. They also infringe on the right to privacy by allowing states to restrict reproductive choices and interfere with an individual's physical and psychological integrity.

Abortion laws can also have a chilling effect on doctors and other healthcare providers, who may be unsure about the legality of providing abortions and may fear prosecution. This can result in delays or denials of care, putting patients at risk.

Overall, abortion laws infringe on bodily autonomy and reproductive justice by violating basic human rights, restricting access to healthcare, and exacerbating inequalities faced by marginalised communities.

Abortion restrictions disproportionately impact marginalised communities

Abortion restrictions create geographic, transportation, and financial barriers to obtaining an abortion, which can result in increased rates of maternal death and adverse outcomes across all groups, but especially among Black birthing people. Black people are more than twice as likely to experience maternal mortality and morbidity than their white counterparts. Restrictive abortion laws will decrease already limited training opportunities in abortion care for medical professionals, despite the existing abortion provider shortage.

The Hyde Amendment, which restricts the use of federal funds for abortions, is an example of politicians interfering with access to safe and legal abortion. The amendment disproportionately affects people of colour, immigrants, and non-English speakers, who are also more likely to rely on federal healthcare plans like Medicaid.

The criminalisation of abortion has a compounding impact on those who are already marginalised. Health services are generally less accessible to people with low incomes, refugees, migrants, LGBTI+ people, and racialised and Indigenous people. This means it is more difficult for some people to seek safe services in another country or access private care.

Abortion restrictions do not change how many people may need or want an abortion each year. Instead, they force those people to seek other solutions, including travelling to places where abortions are still legal, which can be cost-prohibitive. This is especially true for Black, Latino, and Indigenous populations, as well as rural populations, who already have higher poverty rates.

Criminalising abortion does not reduce abortions but makes them unsafe

Criminalising abortion does not stop abortions from happening but instead pushes the act underground, making abortions unsafe and putting the lives of those who seek them at risk.

In places where abortion is criminalised, stigmatised, or restricted, people are forced to resort to unsafe abortions. It is estimated that 25 million unsafe abortions take place every year, the vast majority of them in developing countries, and can lead to fatal consequences such as maternal deaths and disabilities.

In countries where abortion is legal and accessible, people can get abortions safely and without risk. However, in places where abortion is criminalised, people are forced to seek unsafe alternatives. For example, in Morocco, where abortion is criminalised in almost all circumstances, women from low-income backgrounds are unable to afford clandestine abortions.

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. This means it is more difficult for some people to seek safe services in another country or to access private care.

The criminalisation of abortion also results in a "chilling effect", deterring providers from applying restrictions any more than what is required by law due to the fear of criminal liability. This, in turn, prevents healthcare providers from offering the best care options for their patients, in line with good medical practice and their professional ethical responsibilities.

The World Health Organization has noted that one of the first steps toward avoiding the harmful consequences of the criminalisation of abortion, including maternal deaths and injuries, is for states to ensure that all people, including adolescents, have access to sex education, are able to use effective contraception, can access safe abortions, and are given timely care for complications.

Abortion laws should be informed by public health and human rights

Abortion is a medical procedure that ends a pregnancy and is considered basic healthcare for millions of women, girls, and people who can get pregnant. It is estimated that one in four pregnancies ends in abortion every year.

Access to safe and legal abortion is a matter of public health and human rights. Restrictive abortion laws and policies can lead to unsafe abortions, which are the third leading cause of preventable maternal deaths worldwide, according to the World Health Organization. They also result in approximately five million preventable disabilities annually.

International human rights law recognizes that denying abortion care in certain circumstances violates women's and girls' fundamental human rights. These rights include the right to life, health, freedom from violence, discrimination, and cruel, inhuman, and degrading treatment. Restrictive abortion laws disproportionately impact marginalized communities, including people on low incomes, refugees, migrants, LGBTIQ+ people, and racialized and Indigenous people, as they often face additional barriers to accessing healthcare services.

The criminalization of abortion does not stop abortions from happening but instead makes them less safe. In places where abortion is stigmatized, criminalized, or restricted, people are forced to resort to unsafe abortions, which can have fatal consequences.

Human rights treaty bodies, such as the Committee on the Elimination of Discrimination Against Women (CEDAW), have recognized abortion as a human rights concern and urged states to decriminalize and ensure access to safe abortion services. These bodies have also acknowledged the range of human rights violations that stem from restrictive abortion laws and the lack of access to safe abortion services.

Additionally, reproductive justice movements address issues of population control, bodily self-determination, immigrants' rights, economic and environmental justice, and criminal injustices that limit individual human rights due to group or community oppressions.

By guaranteeing access to safe and legal abortion, states can uphold human rights and protect the health and lives of pregnant people.

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