Abortion Law: My Right, My Choice, My Law

Abortion laws are a highly debated topic, with people divided into two groups: pro-choice and pro-life. Proponents of legal abortion view it as a safe medical procedure that protects lives, while opponents believe it is murder as life begins at conception. Abortion laws are a human rights issue, impacting people's right to life, health, information, privacy, bodily autonomy, and more. Restrictive abortion policies do not reduce abortion rates but instead push people to unsafe and unregulated settings, increasing the risk of unsafe procedures and legal consequences. The availability of safe and legal abortions varies worldwide, with some countries having highly restrictive laws and others offering unrestricted access. The debate around abortion laws centres on balancing moral, ethical, and religious beliefs with human rights and the potential health risks and repercussions of unsafe abortions.

The right to bodily autonomy

Bodily autonomy is protected by international human rights law, which states that decisions about one's body are theirs alone. Forcing someone to carry an unwanted pregnancy or seek an unsafe abortion is a violation of their human rights, including their rights to privacy, bodily autonomy, and reproductive autonomy.

Abortion laws and policies have a significant impact on the realisation of bodily autonomy. Restrictive abortion laws can hinder a person's ability to exercise their right to bodily autonomy and make their own decisions about their body and future. On the other hand, liberal abortion laws that ensure safe and legal access to abortion can empower individuals to make their own choices and protect their bodily autonomy.

Abortion laws vary widely across the world, ranging from countries where abortion is freely available on request to those with outright prohibition. As of 2024, 67 countries have legalised or decriminalised abortion on request, and this number continues to grow as more countries recognise abortion rights as human rights.

However, it is important to note that legalising abortion is not enough. Social, cultural, and economic barriers, such as stigma, cost, and distance to services, can still hinder access to abortion, even in countries where it is legal. Therefore, a comprehensive approach that addresses these barriers is necessary to ensure that the right to bodily autonomy is truly realised for all.

In conclusion, the right to bodily autonomy is a fundamental human right that underpins the argument for legal and accessible abortion. By respecting and protecting this right, societies can empower individuals to make their own decisions about their bodies and futures, free from external coercion or control.

The impact of criminalisation

In places where abortion is stigmatised, criminalised, 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 some countries, there are laws that only allow abortion in specific circumstances, such as when the pregnancy is the result of rape or incest, if there is a severe and fatal injury to the foetus, or if the pregnancy presents a threat to the life or health of the pregnant person. However, only a small portion of abortions are due to these reasons, meaning these narrow exceptions still prevent most people from fully exercising their reproductive rights.

The criminalisation of abortion has led to a "chilling effect", deterring providers from applying restrictions beyond what is required by law due to fear of criminal liability. It also deters women, girls, and pregnant people from seeking post-abortion care for complications due to unsafe abortions or other pregnancy-related complications.

The criminalisation of abortion has resulted in people being punished for ending their pregnancies. For example, in Morocco, a woman was charged with sexual relations outside of marriage and sentenced to four months in prison and a fine after being unable to obtain an abortion. In El Salvador, which has some of the strictest abortion laws in the world, women can be criminalised and penalised with up to 40 years in prison for having an abortion, even in cases of rape, incest, or risk to the mother's health.

The social stigma of abortion

Abortion stigma is a set of attitudes and beliefs that abortion is "bad, shameful, or wrong". It is a powerful social force that creates discomfort around the topic, leading to misinformation and a lack of knowledge. This stigma is weaponised by anti-abortion advocates, who fill the information void with inflammatory disinformation.

Abortion stigma harms those who have had abortions and those who provide them. It causes shame, silence, and isolation, making it harder for people to get care or ask for support. This stigma also reinforces outdated gender norms and expectations, such as the expectation of sexual purity and the idea that women should be mothers and nurturers.

Abortion stigma is about the "transgression of a gendered norm". These norms include the expectation of sexual purity and the expectation of motherhood. Having an abortion shows that someone had sex and did not become a parent, rejecting specific gender norms about sex, gender, and parenting.

Anti-abortion messages contribute to abortion stigma and it is common, even among supporters of abortion rights, to feel uncomfortable or uncertain about abortion. However, the only person who can decide when to have an abortion is the person who is pregnant—they have the legal and moral right to decide for themselves.

Abortion stigma has real-world consequences. It can lead people to seek unsafe abortions, which can have fatal consequences. It also affects the quality of abortion care, with people reporting being subjected to judgement and insensitivity from providers. This poor treatment can lead people to seek unsafe abortions or self-manage their abortions.

Abortion stigma also manifests as gatekeeping, with providers actively discouraging people from accessing services or creating unnecessary delays and requirements. This can include providers misleading people by providing false referrals or requiring unnecessary testing and multiple visits. Stigma can also lead to a lack of designated places for abortion services and inadequate infrastructure and resources for providers.

Finally, abortion stigma can result in punishment and threats for both those seeking abortions and providers. This can include criminal liability, fines, or imprisonment.

The decriminalisation of abortion

Abortion laws vary widely across the world, and they have changed over time. Abortion may be freely available on request, or there may be regulations or restrictions of various kinds, or it may be prohibited outright in all circumstances.

Abortion was first decriminalised in the Soviet Union in 1920, and since then, many countries have followed suit. As of 2024, 67 countries have decriminalised abortion, including Canada, Australia, and France.

In some countries, such as Australia, abortion has been removed from the criminal law, but there are still some restrictions in place. For example, in some jurisdictions, only medical doctors are allowed to perform abortions, and abortions must be carried out in approved premises. Additionally, in some cases, the decriminalisation of abortion has been accompanied by the creation of "safe access zones" around abortion clinics to protect patients and staff from protesters.

The effects of decriminalisation can be complex and vary from country to country. In some cases, decriminalisation has led to increased access to abortion services, while in others, it has had little impact or has even resulted in a decline in access due to coincidental factors. Overall, while decriminalisation is an important step towards improving access to abortion, it is not sufficient on its own to guarantee equitable access.

To truly improve access to abortion services, a comprehensive approach is needed, including legal reform, increased availability of healthcare providers, addressing social and economic barriers, and ongoing activism to hold governments and healthcare systems accountable.

The legal status of abortion in the US

From 1973 to 2022, Supreme Court rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) created and maintained federal protections for a pregnant woman's right to get an abortion, ensuring that states could not ban abortion prior to the point at which a fetus may be deemed viable. However, Roe and Casey were overturned by Dobbs v. Jackson Women's Health Organization (2022), and states may now impose any regulation on abortion, provided it satisfies rational basis review and does not otherwise conflict with federal law.

As of 2024, abortion is illegal in 13 states. In some states, the fight over abortion access is still taking place in courtrooms, where advocates have sued to block bans and restrictions. Other states have moved to expand access to abortion by adding legal protections.

Abortion is broadly legal in the rest of the country, and several states have added new protections since Dobbs. Many states limit abortion around fetal "viability," the point at which a fetus could survive outside the uterus, or around 24 weeks of pregnancy.

In some states that have enacted bans or restrictions, abortion remains legal for now as courts determine whether these laws can take effect. For example, in Arizona, a 15-week ban trigger law was passed in 2022, but there was confusion over whether this or an older total ban from 1864 should go into effect. A December 2022 state appeals court ruling found that the 2022 law should take precedence, but on April 9, 2024, the Republican-controlled Arizona Supreme Court ruled that the 1864 law could be enforced. However, on May 1, the Arizona Legislature repealed the 1864 law, leaving the 15-week ban in place.

In Alabama, abortion is illegal with exceptions to preserve the pregnant individual's life or physical health. There are no exceptions for rape, incest, or fatal fetal abnormalities. Performing an abortion is a Class A felony with up to 99 years in prison, and attempted abortion is a Class C felony punishable by 1 to 10 years in prison, under a law passed in May 2019.

In contrast, abortion is legal in Alaska at all stages of pregnancy, and Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion.

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