Global Abortion Laws

Global Abortion laws vary significantly worldwide, reflecting diverse cultural, religious, and political beliefs about reproductive rights and fetal life. These laws range from complete prohibition to full availability on request. Here’s an overview of abortion laws globally, illustrating the spectrum of restrictions and freedoms.

The French Parliament on March 4, 2024, overwhelmingly approved a bill to enshrine abortion as a constitutional right at a historic joint session at the Palace of Versailles.

With this, it has become the only country to explicitly guarantee a woman’s right to terminate a pregnancy voluntarily.

Global Abortion laws

The abortion laws are in the news especially since the rollback of abortion rights in the United States in recent times, especially the U.S. Supreme Court’s decision to overturn the 50-year-old ruling in Roe v. Wade.

• Roe v Wade, a 1973 landmark decision gave women in America the right to have an abortion before the fetus is viable outside the womb-before the 24–28-week mark.

Ensuring access to safe, quality abortion services is a prerequisite for women’s empowerment and bodily autonomy.

Access to safe abortion has been established as a human right by numerous international frameworks,

• While abortion is not mentioned in the 17 Sustainable Development Goals (SDGs), both SDG 3 (Health and well-being) and SDG 5 (Gender equality) have targets aiming to ensure (universal access to sexual and reproductive healthcare services) (target 3.7) and (universal access to sexual and reproductive health and reproductive rights) (target 5.6).
• At the 1994 International Conference on Population and Development in Cairo, 179 governments signed a program of action that included a commitment to prevent unsafe abortion.
• In 2015, the United Nations’ 2030 Agenda for Sustainable Development expanded to call for universal access to services for reproductive health care.
• The WHO first recognized unsafe abortion as a public health problem in 1967, and in 2003 it developed technical and policy guidelines that include a recommendation that states pass abortion laws to protect women’s health.

According to the Center for Reproductive Rights, 40% of women worldwide live in countries with restrictive abortion laws.

• These restrictions have a significant impact on women’s lives: each year, the World Health Organization estimates that 39,000 women and girls die from the consequences of unsafe abortions.
• However, even in countries where abortion is legal, barriers may still exist, such as high costs, waiting times, parental or marital consent requirements, and social stigma.

The issue of abortion remains highly political and controversial in many countries around the world.

Statistics

Each year, around seventy-three million abortions take place worldwide, according to the World Health Organization (WHO).

This translates to about thirty-nine abortions per one thousand women globally, a rate that has stayed roughly the same since 1990.

• The rates have diverged between countries with fewer restrictions and those with more: Between 1990–94 and 2015–19, the average abortion rate in countries with generally legal abortion (excluding China and India) declined by 43 percent.
• By contrast, in countries with severe restrictions on abortion, the average abortion rate increased by around 12 percent.

The safety of abortion procedures diverges widely between countries where abortion is generally legal and countries with high restrictions on abortion.

• Almost 90 percent of abortions in countries with liberal abortion laws are considered safe, compared with just 25 percent of abortions in countries where abortion is banned.
• According to the WHO, approximately 5-13 percent of maternal deaths worldwide are due to complications from unsafe abortions, the vast majority of which occur in developing countries.

Global abortion laws: Comparisons

Although the legal status of abortion varies considerably by region, a large majority of countries permit abortion under at least some circumstances; globally, twenty-two countries ban abortion entirely.

• Around one hundred countries have some restrictions, typically permitting abortion only in limited situations, including for socioeconomic reasons, risks to a woman’s physical or mental health, or the presence of fetal anomalies.

United States: The Supreme Court’s decision on June 24, 2022, to strike down Roe v. Wade, overturns almost fifty years of precedent that conferred a constitutional right to receive an abortion.

• Roe’s reversal allows the thirteen states that have so-called trigger laws to either ban abortion automatically or by quick state action.
• While all of these state laws exempt abortions in cases of life-threatening pregnancies, many do not exempt pregnancies caused by rape or incest.
• Republican lawmakers and anti-abortion advocates have praised the Supreme Court’s decision, while Democratic lawmakers and abortion advocates have condemned it.

Highly Restrictive Global Abortion Laws

• El Salvador, Nicaragua, and Honduras: In these countries, abortion is illegal with no exceptions, even to save the life of the woman.
• Poland: Abortion is allowed only in cases of rape, incest, severe fetal abnormalities, or when the woman’s life or health is at risk. The recent tightening of laws, especially regarding fetal abnormalities, has sparked significant protests.

Moderately Restrictive Global Abortion Laws

• India: Abortion law in India allows for termination up to 24 weeks of pregnancy for a broad range of conditions, including rape, incest, fetal abnormalities, and risk to the physical or mental health of the woman. Recent amendments propose to extend this to 24 weeks for certain categories of women.
• Brazil: Abortion is legal in cases of rape, a threat to the woman’s life, or if the fetus is anencephalic (lacking a significant part of the brain and skull).

Less Restrictive Global Abortion Laws

• Germany: Abortion is permitted in the first trimester after mandatory counseling and a three-day waiting period. It is also allowed later in pregnancy for serious medical reasons.
• China: In 2021, China increased the limit to three children, and China’s State Council issued guidelines on women’s development that called to reduce “non–medically necessary abortions.”
• African countries: In 2010, Kenya adopted a new constitution and expanded the grounds on which women could obtain an abortion to include emergency cases or those in which the health of the mother is at stake. In June 2019, a court extended the exceptions to include cases of rape.
• As other former European colonies reevaluate their abortion statutes, many are expanding the grounds for abortion. For instance, Burkina Faso, Chad, Guinea, Mali, and Niger- nations whose restrictive abortion laws were holdovers from the 1810 Napoleonic Code imposed by France- have made abortion legal in cases of rape, incest, or fetal impairment.

Permissive Global Abortion Laws

• Canada: Abortion is legal at all stages of pregnancy and is governed by the Canada Health Act. The decision is between the woman and her physician, with access varying by province.
• Australia: Laws vary by state, but abortion is generally available on request during the first trimester and under certain conditions in the later stages of pregnancy.
• Ireland: In 2018, the Irish parliament legalized the termination of pregnancy before twelve weeks, as well as in cases in which the health of the mother is at stake. Previously, Ireland had one of the most restrictive abortion laws in Europe, codified in a 1983 constitutional amendment that effectively banned the practice. The 2012 death of Savita Halappanavar after she was denied an emergency abortion reignited public debate and protest and prompted a countrywide referendum to overturn the amendment.
• Zambia: Zambia is one of the few countries in Africa where abortion is permitted for economic and social reasons, but, despite having a liberal law, structural and cultural barriers make it difficult for Zambian women to obtain abortions.

Very Permissive Global Abortion Laws

• Sweden: Abortion is available on request up to 18 weeks of pregnancy, after which it can be performed for medical reasons.
• Netherlands: Abortion is available on request up to 24 weeks. Beyond that, it is available only if there are grave health risks to the woman or severe fetal abnormalities.
• France: In 2024, France became the first country to enshrine abortion rights in its constitution. Abortion rights had been decriminalized in 1975 in a controversial act that legalized the procedure up to the tenth week of pregnancy.

Global Abortion Laws: Comparative Insights

• Legal Period for Abortion on Request: The gestational limit for abortion on request varies, with most countries allowing it up to 12-14 weeks. Some countries extend this period up to 18-24 weeks.
• Grounds Beyond Gestational Limits: In many countries, abortion beyond the general gestational limit is allowed under specific circumstances, such as risk to the woman’s life or health, rape, incest, or fetal abnormalities.
• Regulatory Mechanisms: Countries with permissive laws often implement certain regulations, such as mandatory counseling, waiting periods, and parental consent for minors, to safeguard women’s health and well-being.

Conclusion

The comparison of global abortion laws shows that various factors influence abortion laws and remain a contentious issue worldwide. The trend in some regions has been towards liberalization of laws to improve access to safe abortion services, while in others, restrictions remain tight, reflecting ongoing political, religious, and social debates.

Related article: Reproductive rights of women

-Article by Swathi Satish