Abortion Legal by Country
Across Europe, abortion is generally legal on demand or on a broad social basis, at least in the first trimester, according to the Center for Reproductive Rights. It is also widely allowed throughout pregnancy if it is necessary to protect the health or life of a pregnant person. The original amendment was passed in 1983 in part because it feared that the country`s restrictive abortion laws would be declared unconstitutional. It is replaced by a new clause giving Parliament the power to legislate on abortion. But even when abortions are protected by law, new political majorities can overturn these measures or challenge them in court. Ultimately, international records show that there is no foolproof way to protect the right to abortion: they are regularly challenged in the legal and political spheres. Here are some important facts about abortion laws in other countries, based on information from the Center for Reproductive Rights, the Guttmacher Institute, the World Health Organization, and Reuters. According to a report by Women on Waves, about 25% of the world`s population lives in countries with “very restrictive abortion laws” – that is, laws that completely ban abortion or only save the mother`s life. This category includes several countries from Latin America, Africa, the Middle East, Asia-Pacific and Malta in Europe. [fc] [531] The Center for Reproductive Rights reports that “the inability to access safe and legal abortion care affects 700 million women of childbearing age.” [532] The precise scope of the different legal bases also varies. For example, the laws of some countries cite health risks and fetal impairments as general reasons for abortion and allow for a broad interpretation of these terms in practice, while other countries limit them to a specific list of conditions or subcategories. Many countries that allow abortion have pregnancy limits for the procedure, depending on the reason; the majority of them up to 12 weeks for abortion on demand, up to 24 weeks for social, economic, rape or incest reasons, and even more for fetal impairment or threats to the woman`s health or life.
[40]: 26 Many [vague] countries only allow abortion until the first or second trimester, and some may allow abortion in cases of fetal malformations, such as Down syndrome, or when the pregnancy is the result of a sexual crime. Finally, there are countless additional guidelines for abortion laws in many countries, such as requiring parental/spouse consent (or a police report in cases of rape), restricting access to methods to determine the sex of the fetus, or requiring the pregnant woman to first see an ultrasound or listen to a fetal heartbeat. While the number of unwanted pregnancies in Africa has decreased by 15 percent over the past 30 years, abortions have increased by 13 percent, according to the Guttmacher Institute. Many African countries have restrictive abortion laws that only allow the procedure when a mother`s life is threatened, as in Nigeria, or in cases of rape, incest or fetal malformations, as in Botswana and Zimbabwe. The bill, which would allow abortion providers to “inform the general public that they perform abortions and provide details about the method they use,” was passed by a majority in parliament on Friday. More than 100 other countries, states and territories allow abortion in certain cases, such as “to save a woman`s life.” In 2018, the Irish Parliament legalised abortion twelve weeks ago, as well as in cases where the mother`s health 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 death of Savita Halappanavar in 2012, after being denied an emergency abortion, sparked public debate and protests and provoked a national referendum to overturn the change; The referendum was adopted with 66% of the vote. In 2019, abortion was legalised in Northern Ireland. The UK Abortion Act 1967, which gives doctors in England, Scotland and Wales the power to perform abortions, was extended to Northern Ireland following a vote in the BRITISH Parliament. If a country has legalized, banned and re-legalized abortion on demand (e.g.the former Soviet Union, Romania), only the following year will be taken into account. The countries resulting from the merger of the states where abortion was legal on demand at the time of unification indicate the year in which it became legal throughout the national territory (e.g. Germany, Vietnam). Similarly, countries where not all subnational jurisdictions have legalized abortion on demand are not included (for example, resulting in the exclusion of Australia, Mexico, the United Kingdom and the United States). Countries are numbered, even if they were not yet independent at that time. The year refers to the date on which the law or court decision in question entered into force, which may differ from the year in which it was approved. In addition, Roe v Wade could soon be canceled. The current Supreme Court has refused to block a 2021 Texas law banning abortions in all but fatal situations once “heart activity” (the precursor to a heartbeat) can be detected, or about six weeks of pregnancy — a time when a woman may not yet realize she`s pregnant. The law also allows citizens to prosecute anyone they believe has performed or supported an abortion, a clause that many opponents say could spiral out of control. While the Texas law still faces a tough legal battle, the court`s initial position of non-interaction was seen by some as a sign that the court is ready to overturn Roe v Wade in the near future.
Since the Casey decision, state laws governing abortion in the United States have been very different. A growing number of states have passed laws banning abortion after just six weeks or regulating abortion providers, resulting in the closure of more than 160 clinics and six states with only one abortion provider. A law passed in Alabama in May would ban abortion in virtually all cases, with no exception in cases of rape or incest; If it goes into effect, it would make the state one of the most restrictive abortion laws in the world. The table below presents the general details of each country`s legal position on abortion. In the 19th century, many Western countries began codifying abortion laws or further restricting the practice. The anti-abortion movements, also known as “pro-life” movements, were led by a combination of groups opposed to abortion on moral grounds and by health professionals concerned about the danger posed by the procedure and the regular involvement of non-medical personnel in the practice of abortions. Nevertheless, it became clear that illegal abortions continued to take place in large numbers, even though abortions were strictly restricted. It was difficult to obtain enough evidence to prosecute women and abortion doctors, and judges and jurors were often reluctant to convict them. For example, Henry Morgentaler, a pro-choice Canadian advocate, was never convicted by a jury. He was acquitted by a jury at trial in 1973, but the acquittal was overturned in 1974 by five judges of the Quebec Court of Appeal.
He went to jail, appealed and was acquitted again. He served a total sentence of 10 months and suffered a heart attack while in solitary confinement. Many were also outraged by the invasion of privacy and medical problems that arise from abortions that take place illegally in medically unsafe circumstances. Political movements quickly rallied around the legalization of abortion and the liberalization of existing laws. A list of countries classified according to their abortion laws can be viewed by downloading a PDF file of the map. The right to safe and legal abortion is a fundamental human right protected by numerous international and regional human rights treaties and constitutions at the national level around the world. These instruments establish safe abortion in a constellation of rights, including the rights to life; freedom; privacy; Equality and non-discrimination and freedom from cruel, inhuman and degrading treatment. Human rights organizations have repeatedly condemned restrictive abortion laws as incompatible with human rights standards. The Center for Reproductive Rights notes that a new penal code is set to come into effect in Haiti in July that decriminalizes abortions of up to 12 weeks in cases of rape, incest or “when women`s physical/mental health is at risk,” but critics believe the code could be changed before it is implemented.