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Abortion law

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Legal grounds for abortion by country
  Legal on woman's request
Legally restricted to cases of:
  Risk to woman's life, her health*, rape*, fetal impairment*, or socioeconomic factors
  Risk to woman's life, her health*, rape, or fetal impairment
  Risk to woman's life, her health*, or fetal impairment
  Risk to woman's life*, her health*, or rape
  Risk to woman's life or her health
  Risk to woman's life
  Illegal with no exceptions
  No information
* Does not apply to some countries in that category

Abortion laws vary considerably between countries and have changed over time. Laws may permit, prohibit, restrict, or otherwise regulate the availability of abortion. A few countries ban abortions entirely.[1]

Abortion has been a controversial subject in many societies on religious, moral, ethical, practical, and political grounds. It has been banned frequently and otherwise limited by law. However, abortions continue to be common in many areas, even where they are illegal. According to the World Health Organization (WHO), abortion rates are similar in countries where the procedure is legal and in countries where it is not,[2] due to unavailability of modern contraceptives in areas where abortion is illegal.[3]

Also according to the WHO, the number of abortions worldwide is declining due to increased access to contraception.[2] Almost two-thirds of the world's women currently reside in countries where abortion may be obtained on request for a broad range of social, economic, or personal reasons.

History

Abortion has existed since ancient times, with natural abortifacients being found amongst a wide variety of tribal people and in most written sources. The earliest known records of abortion techniques and general reproductive regulation date as far back as 2700 BC in China and 1550 BC in Egypt.[4] Early texts contain no mention of abortion or abortion law. When it does appear, it is entailed in concerns about male property rights, preservation of social order, and the duty to produce fit citizens for the state or community. The harshest penalties were generally reserved for a woman who procured an abortion against her husband's wishes, and for slaves who produced abortion in a woman of high status. Religious texts often contained severe condemnations of abortion, recommending penance but seldom enforcing secular punishment. As a matter of common law in England and the United States, abortion was illegal anytime after quickening—when the movements of the fetus could first be felt by the woman. Under the born alive rule, the fetus was not considered a "reasonable being" in Rerum Natura; and abortion was not treated as murder in English law.

In the 20th century, many Western countries began to codify abortion law or place further restrictions on the practice. Anti-abortion movements, also referred to as Pro-life movements, were led by a combination of groups opposed to abortion on moral grounds, and by medical professionals who were concerned about the danger presented by the procedure and the regular involvement of non-medical personnel in performing abortions. Nevertheless, it became clear that illegal abortions continued to take place in large numbers even where abortions were rigorously restricted. It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors, and judges and juries were often reluctant to convict. For example, Henry Morgentaler, a Canadian pro-choice advocate, was never convicted by a jury. He was acquitted by a jury in the 1973 court case, but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. He went to prison, appealed, and was again acquitted. In total, he served 10 months, suffering a heart attack while in solitary confinement. Many were also outraged at the invasion of privacy and the medical problems resulting from abortions taking place illegally in medically dangerous circumstances. Political movements soon coalesced around the legalization of abortion and liberalization of existing laws.

By the mid 20th century, many countries had begun to liberalize abortion laws, at least when performed to protect the life of the woman and in some cases on woman's request. Under Vladimir Lenin, the Soviet Union legalized abortions on request in 1920.[5][6][7][8][9] The Bolsheviks saw abortion as a social evil created by the capitalist system, which left women without the economic means to raise children, forcing them to perform abortions. The Soviet state initially preserved the tsarists ban on abortion, which treated the practice as premeditated murder. However, abortion had been practiced by Russian women for decades and its incidence skyrocketed further as a result of the Russian Civil War, which had left the country economically devastated and made it extremely difficult for many people to have children. The Soviet state recognized that banning abortion would not stop the practice because women would continue using the services of private abortionists. In rural areas, these were often old women who had no medical training, which made their services very dangerous to women's health. In November 1920 the Soviet regime legalized abortion in state hospitals. The state considered abortion as a temporary necessary evil, which would disappear in the future Communist society, which would be able to provide for all the children conceived.[10] In 1936, Joseph Stalin placed prohibitions on abortions, which restricted them to medically recommended cases only, in order to increase population growth after the enormous loss of life in World War 1 and the Russian Civil War.[11][12][13] In the 1930s, several countries (Poland, Turkey, Denmark, Sweden, Iceland, Mexico) legalized abortion in some special cases (pregnancy from rape, threat to mother's health, fetal malformation). In 1948 abortion was legalized in Japan, 1952 in Yugoslavia (on a limited basis), and 1955 in the Soviet Union (on demand). Some Soviet allies (Poland, Hungary, Bulgaria, Czechoslovakia, Romania) legalized abortion in the late 1950s under pressure from the Soviets.[14]

In the United Kingdom, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 weeks (later reduced to 24 weeks). Other countries soon followed, including Canada (1969), the United States (1973 in most states, pursuant to Roe v. Wade – the U.S. Supreme Court decision which legalized abortion nationwide), Tunisia (1973), Denmark (1973), Austria (1974), France (1975), Sweden (1975), New Zealand (1977), Italy (1978), the Netherlands (1980), and Belgium (1990). However, these countries vary greatly in the circumstances under which abortion was to be permitted. In 1975, the West German Supreme Court struck down a law legalizing abortion, holding that they contradict the constitution's human rights guarantees. In 1976, a law was adopted which enabled abortions up to 12 weeks. After Germany's reunification, despite the legal status of abortion in former East Germany, a compromise was reached which deemed most abortions up to 12 weeks legal. In jurisdictions governed under sharia law, abortion after the 120th day from conception (19 weeks from LMP) is illegal, especially for those who follow the recommendations of the Hanafi legal school, while most jurists of the Maliki legal school "believe that ensoulment occurs at the moment of conception, and they tend to forbid abortion at any point [similar to the Roman Catholic Church]. The other schools hold intermediate positions. [..] The penalty prescribed for an illegal abortion varies according to particular circumstances involved. According to sharia, it should be limited to a fine that is paid to the father or heirs of the fetus".[15] See also: Islam and abortion.

Decriminalisation chronology

The table below lists in chronological order the 64 independent states, that are either UN members or have UN observer status, that have fully decriminalised abortion, making it possible to freely request it on demand in the first term. Years are shown when abortion provisions were removed from the criminal code.

Note: Where a country has decriminalised abortion, reverted it and decriminalised it again (e.g. former USSR, Romania) only the later date is included. Countries that result from the merger of states where abortion was legal at the moment of unification show the year when abortion was fully decriminalised across the whole national territory (e.g. Germany, Vietnam). Similarly, countries where not all subnational jurisdictions have decriminalised abortion are not included (e.g. leading to the exclusion of Australia, Mexico and United Kingdom).

Year legalised Country Countries per year Running total
1950  North Korea 1 1
1953  Hungary 1 2
1955 ( Armenia  Azerbaijan  Belarus  Estonia  Georgia  Kazakhstan  Kyrgyzstan  Latvia  Lithuania  Moldova  Russia  Tajikistan  Turkmenistan  Ukraine  Uzbekistan as part of USSR) 15 17
1965  Cuba 1 18
1973  Denmark  Tunisia  United States 3 21
1974  Singapore  Sweden 2 23
1975  Austria  France  Iceland  Vietnam 4 27
1977 ( Bosnia and Herzegovina  Croatia  Montenegro  North Macedonia  Serbia  Slovenia as part of Yugoslavia) 6 33
1978  Italy  Luxembourg  Norway 3 36
1979  China 1 37
1983  Turkey 1 38
1984  Netherlands 1 39
1985  Spain 1 40
1986  Cape Verde ( Czech Republic  Slovakia as part of Czechoslovakia)  Greece 4 44
1988  Canada  Mongolia 2 46
1990  Belgium  Bulgaria  Romania 3 49
1992  Germany 1 50
1995  Albania  Guyana 2 52
1997  Cambodia  South Africa 2 54
2002    Nepal   Switzerland 2 56
2007  Portugal 1 57
2012  São Tomé and Príncipe  Uruguay 2 59
2014  Mozambique 1 60
2018  Cyprus  Ireland 2 62
2020  Argentina  New Zealand 2 64
2021  South Korea 1 68

International law

There are no international or multinational treaties that deal directly with abortion but human rights law and International criminal law touch on the issues.

The Nuremberg Military Tribunal decided the case of United States v Greifelt & others [1948] on the basis that abortion was a crime within its jurisdiction according to the law defining crimes against humanity and thus within its definition of murder and extermination.[16]

The American Convention on Human Rights, which in 2013 had 23 Latin American parties, declares human life as commencing with conception. The Catholic Church remains highly influential in Latin America, and opposes the legalisation of abortion.[17] In Latin America, abortion is only legal in Cuba (1965), Uruguay (2012)[18] and Argentina (2020).[19] It is also legal in Mexico City and in the state of Oaxaca up to the twelfth week of pregnancy (the law on abortion in Mexico varies by state).[20][21] Abortions are completely banned in El Salvador, Nicaragua and the Dominican Republic and only allowed in certain restricted circumstances in most other Latin American nations.[17]

In the 2010 case of A, B and C v Ireland, the European Court of Human Rights found that the European Convention on Human Rights did not include a right to an abortion.

In 2005 the United Nations Human Rights Committee ordered Peru to compensate a woman (known as K.L.) for denying her a medically indicated abortion; this was the first time a United Nations Committee had held any country accountable for not ensuring access to safe, legal abortion, and the first time the committee affirmed that abortion is a human right.[22] K.L. received the compensation in 2016.[22] In the 2016 case of Mellet v Ireland, the UN HRC found Ireland's abortion laws violated International Covenant on Civil and Political Rights because Irish law banned abortion in cases of fatal fetal abnormalities.

National laws

Legal grounds for abortion by country, established by multiple laws and de facto
  Legal on woman's request
Legally restricted to cases of:
  Risk to woman's life, her health*, rape*, fetal impairment*, or socioeconomic factors
  Risk to woman's life, her health*, rape, or fetal impairment
  Risk to woman's life, her health*, or fetal impairment
  Risk to woman's life*, her health*, or rape
  Risk to woman's life or her health
  Risk to woman's life
  Illegal with no exceptions
  No information
* Does not apply to some countries in that category

While abortions are legal at least under certain conditions in almost all countries, these conditions vary widely. According to a United Nations report with data gathered up to 2019,[23] abortion is allowed in 98% of countries in order to save a woman's life. Other commonly-accepted reasons are preserving physical (72%) or mental health (69%), in cases of rape or incest (61%), and in cases of fetal impairment (61%). Performing an abortion because of economic or social reasons is accepted in 37% of countries. Performing abortion only on the basis of a woman's request is allowed in 34% of countries, including in the United States, Canada, most European countries, India and China.[23]

The exact scope of each legal ground also varies. For example, the laws of some countries cite health risks and fetal impairment as general grounds for abortion and allow a broad interpretation of such terms in practice, while other countries restrict them to a specific list of medical conditions or subcategories. Many countries also specify different gestational limits for when abortion can be done under each legal ground, for example 12 weeks for abortion on request and no limit to save a woman's life.[23]

In some countries, additional procedures must be followed before the abortion can be carried out even if the basic grounds for it are met. For example, in Finland, where abortions are not granted based merely on a woman's request, approval for each abortion must be obtained from two doctors (or one in special circumstances).[24][25] The vast majority, 90% of abortions in Finland are performed for socio-economic reasons.[26] How strictly all of the procedures dictated in the legislation are followed in practice is another matter. For example, in the United Kingdom, a Care Quality Commission's report in 2012 found that several NHS clinics were circumventing the law, using forms pre-signed by one doctor, thus allowing abortions to patients who only met with one doctor.[27]

Summary tables

Legend
Permitted
Yes Permitted, with complex legality or practice
Maybe Varies by subdivision
No Prohibited, with complex legality or practice
Prohibited

Independent countries

The table below summarizes the legal grounds for abortion in all United Nations member states and observer states and some countries with limited recognition. This table is mostly based on data compiled by the United Nations up to 2019,[28] with some updates, additions and clarifications citing other sources.

Legal grounds on which abortion is permitted in independent countries[28]
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Afghanistan
 Albania
 Algeria
 Andorra Yes[a]
 Angola[b] Yes[a]
 Antigua and Barbuda
 Argentina
 Armenia
 Australia[33][c] [subdivisions] Maybe [d] Maybe [d] Maybe [d]
 Australian Capital Territory
 Christmas Island[e]
 Cocos Islands[f]
 Jervis Bay Territory[g]
 New South Wales
 Norfolk Island[h]
 Northern Territory
 Queensland
 South Australia
 Tasmania
 Victoria
 Western Australia
 Austria
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Azerbaijan
 Bahamas
 Bahrain No[i] No[i] No[i] No[i] No[i]
 Bangladesh Yes[j] Yes[j] Yes[j] Yes[j] Yes[j]
 Barbados
 Belarus
 Belgium
 Belize
 Benin
 Bhutan
 Bolivia Yes[k]
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Bosnia and Herzegovina
 Botswana
 Brazil Yes[l]
 Brunei
 Bulgaria
 Burkina Faso
 Burundi
 Cambodia
 Cameroon
 Canada
 Cape Verde
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Central African Republic
 Chad
 Chile
 China[m]
 Colombia
 Comoros
 Congo Yes[a]
 Costa Rica No[n]
 Croatia
 Cuba
 Cyprus
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Czech Republic
 Democratic Republic of the Congo Yes[o] Yes[p] Yes[p] Yes[p]
 Denmark
 Djibouti Yes[q]
 Dominica Yes[a]
 Dominican Republic [44]
 East Timor
 Ecuador No[r]
 Egypt
 El Salvador
 Equatorial Guinea
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Eritrea
 Estonia
 Eswatini
 Ethiopia
 Fiji
 Finland[s]
 France[t]
 Gabon Yes[a]
 Gambia
 Georgia
 Germany
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Ghana
 Greece
 Grenada
 Guatemala
 Guinea
 Guinea-Bissau Yes[a]
 Guyana
 Haiti Yes[a]
 Honduras Yes[u] Yes[u] No[v] No[v]
 Hungary
 Iceland
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 India [48]
 Indonesia
 Iran
 Iraq
 Ireland
 Israel Yes[w]
 Italy
 Ivory Coast No[x] No[x]
 Jamaica Yes[y] Yes[z]
 Japan
 Jordan
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Kazakhstan
 Kenya
 Kiribati
 Kosovo[51]
 Kuwait
 Kyrgyzstan
 Laos Yes[aa] No[ab] No[ab] No[ab] No[ab] No[ab]
 Latvia
 Lebanon
 Lesotho
 Liberia
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Libya Yes[a]
 Liechtenstein
 Lithuania
 Luxembourg
 Madagascar Yes[a]
 Malawi
 Malaysia
 Maldives Yes[q]
 Mali
 Malta Yes[ac]
 Marshall Islands Yes[a]
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Mauritania Yes[a]
 Mauritius
 Mexico[56] [subdivisions] Maybe [ad] Maybe [ae] Maybe [ae] Maybe [af] Maybe [ag]
 Aguascalientes
 Baja California
 Baja California Sur
 Campeche
 Chiapas
 Chihuahua
 Coahuila
 Colima
 Durango
 Guanajuato
 Guerrero
 Hidalgo
 Jalisco
 Mexico City
 Mexico State
 Michoacán
 Morelos
 Nayarit
 Nuevo León
 Oaxaca
 Puebla
 Querétaro
 Quintana Roo
 San Luis Potosí
 Sinaloa
 Sonora
 Tabasco
 Tamaulipas
 Tlaxcala
 Veracruz
 Yucatán
 Zacatecas
 Micronesia Yes[a]
 Moldova
 Monaco
 Mongolia
 Montenegro
 Morocco
 Mozambique
 Myanmar
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Namibia
 Nauru
   Nepal
 Netherlands[ah]
 New Zealand[59]
 Nicaragua
 Niger
 Nigeria [subdivisions] Maybe [ai]
File:Flag of Abia State.png Abia Yes[z]
File:Flag of Adamawa State.png Adamawa
Akwa Ibom Yes[z]
Anambra Yes[z]
 Bauchi
File:Flag of Bayelsa State.png Bayelsa Yes[z]
 Benue
File:Flag of Borno State.png Borno
File:Flag of Cross River State.png Cross River Yes[z]
File:Flag of Delta State.png Delta Yes[z]
 Ebonyi Yes[z]
File:Flag of Edo State.png Edo Yes[z]
File:Flag of Ekiti State.png Ekiti Yes[z]
 Enugu Yes[z]
File:Flag of the Federal Capital Territory (Nigeria).png Federal Capital Territory
File:Flag of Gombe State.png Gombe
 Imo Yes[z]
 Jigawa
File:Flag of Kaduna State.png Kaduna
Kano
File:Flag of Katsina State.png Katsina
 Kebbi
File:Flag of Kogi State.png Kogi
File:Flag of Kwara State.png Kwara
File:Flag of Lagos State.png Lagos Yes[z]
Nasarawa
 Niger
File:Flag of Ogun State.png Ogun Yes[z]
Ondo Yes[z]
Osun Yes[z]
File:Flag of Oyo State.png Oyo Yes[z]
 Plateau
Rivers Yes[z]
 Sokoto
 Taraba
File:Flag of Yobe State.png Yobe
File:Flag of Zamfara State.png Zamfara
 North Korea
 North Macedonia
 Norway[aj]
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Oman
 Pakistan Yes[a] Yes[a]
 Palau Yes[a]
 Palestine
 Panama
 Papua New Guinea
 Paraguay
 Peru
 Philippines Yes[a]
 Poland Yes[ak]
 Portugal
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Qatar
 Romania
 Russia
 Rwanda
 Saint Kitts and Nevis Yes[z] Yes[z]
 Saint Lucia
 Saint Vincent and the Grenadines Yes[al]
 Samoa
 San Marino Yes[a]
 São Tomé and Príncipe
 Saudi Arabia
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Senegal
 Serbia
 Seychelles
 Sierra Leone
 Singapore
 Slovakia
 Slovenia
 Solomon Islands
 Somalia Yes[a]
 South Africa
 South Korea
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 South Sudan
 Spain
 Sri Lanka
 Sudan
 Suriname Yes[a]
 Sweden
  Switzerland
 Syria
 Taiwan[63]
 Tajikistan
 Tanzania
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 Thailand
 Togo
 Tonga Yes[a]
 Trinidad and Tobago Yes[a] Yes[a]
 Tunisia
 Turkey
 Turkmenistan
 Tuvalu
 Uganda
 Ukraine
 United Arab Emirates
Country Save life Preserve health Rape Fetal impairment Economic or social On request
 United Kingdom [subdivisions] Maybe [am] Maybe [am]
 England
 Northern Ireland[64]
 Scotland
 Wales
 United States[65] [subdivisions] Yes[an] Yes[an] Yes[an] Yes[an] Yes[an]
 Alabama Yes[z] Yes[z] Yes[z] Yes[z]
 Alaska
 Arizona Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 Arkansas[66] Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 California
 Colorado
 Connecticut
 Delaware
 District of Columbia
 Florida
 Georgia
 Hawaii
 Idaho[67] Yes[z] Yes[z] Yes[z] Yes[z]
 Illinois
 Indiana
 Iowa
 Kansas
 Kentucky[68] Yes[z] Yes[z] Yes[z] Yes[z]
 Louisiana[69] Yes[z] Yes[z] Yes[z] Yes[z]
 Maine
 Maryland
 Massachusetts
 Michigan Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 Minnesota
 Mississippi Yes[z] Yes[z] Yes[z] Yes[z]
 Missouri[70] Yes[z] Yes[z] Yes[z] Yes[z]
 Montana
 Nebraska
 Nevada
 New Hampshire
 New Jersey
 New Mexico Yes[z] Yes[z]
 New York
 North Carolina
 North Dakota[71] Yes[z] Yes[z] Yes[z] Yes[z]
 Ohio
 Oklahoma Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 Oregon
 Pennsylvania
 Rhode Island
 South Carolina
 South Dakota[72] Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 Tennessee[73] Yes[z] Yes[z] Yes[z] Yes[z]
 Texas
 Utah[74] Yes[z] Yes[z]
 Vermont
 Virginia
 Washington
 West Virginia Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 Wisconsin Yes[z] Yes[z] Yes[z] Yes[z] Yes[z]
 Wyoming
 Uruguay
 Uzbekistan
 Vanuatu
 Vatican City No[ao]
 Venezuela
 Vietnam
 Yemen
 Zambia Yes[ap]
 Zimbabwe
Country Save life Preserve health Rape Fetal impairment Economic or social On request
  1. ^ a b c d e f g h i j k l m n o p q r s t u v This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.
  2. ^ The UN source of 2019 incorrectly cites a draft bill revising the Penal Code which would allow abortion on request.[29] However, the version of the bill passed by the parliament in 2019 would allow abortion only in certain circumstances,[30] and the president vetoed the bill altogether in 2020.[31] The previous Penal Code, whose abortion law was summarized by the UN source of 2013,[32] remains in effect.
  3. ^ Including external territories.
  4. ^ a b c Except in South Australia.
  5. ^ Applies the laws of Western Australia.[34]
  6. ^ Applies the laws of Western Australia.[35]
  7. ^ Applies the laws of the Australian Capital Territory.[36]
  8. ^ Applies the laws of New South Wales.[37]
  9. ^ a b c d e The UN source marks it as a legal ground because the Penal Code explicitly prohibits abortion only if performed without the consent of the woman and of a medical practitioner.[38] However, the decree regulating medical practice prohibits abortion unless the pregnancy threatens the woman's life.[39]
  10. ^ a b c d e The UN source does not explicitly mark this legal ground for abortion but says that "menstrual regulation is available on request".
  11. ^ This ground is established by a regulation implementing a judicial decision, although it is not mentioned in the decision itself or in the law.[40]
  12. ^ This ground is not explicitly mentioned in the law but it is established by judicial decision only in the case of anencephaly.
  13. ^ Mainland China.
  14. ^ A judicial pardon may be granted to the woman for an abortion on this ground.
  15. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle, allowed by regulation and established by treaty.[41][42]
  16. ^ a b c This ground is not explicitly mentioned in the law but it is established by treaty, whose application is requested by the Constitutional Court.[41][43]
  17. ^ a b The UN source says that abortion is permitted for therapeutic purposes but is unclear whether it means only to save the woman's life or also to preserve her health.
  18. ^ Abortion is allowed in case of rape of a woman with a mental disability.
  19. ^ Including the Åland Islands.[45]
  20. ^ Including Overseas France.[46]
  21. ^ a b This ground is not mentioned in the law but it is allowed by regulation.[47]
  22. ^ a b The UN source marks it as a legal ground but it is only cited in the Code of Medical Ethics of the Honduran Medical Association, not by law or regulation.
  23. ^ The UN source does not explicitly mark it a social legal ground but says that abortion is permitted "if the woman is under marriage age or over the age of 40", or if "the pregnancy is the result of extramarital relations".
  24. ^ a b The UN source marks it as a legal ground but it is only established by treaty, not by law and not implemented as of 2020.[49][50]
  25. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle and established by judicial decision.
  26. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk bl bm bn bo bp bq br bs bt bu bv bw bx by bz ca cb cc cd ce cf cg ch ci cj ck cl cm This ground is not explicitly mentioned in the law but it is established by judicial decision.
  27. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[52]
  28. ^ a b c d e The UN source marks it as a legal ground but it is only cited in guidelines for health workers, not by law.[53]
  29. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[54][55]
  30. ^ Except in Guanajuato and Querétaro.
  31. ^ a b In some states and Mexico City.
  32. ^ Only in Mexico City, Michoacán, Oaxaca and Yucatán.
  33. ^ Only in Mexico City and Oaxaca.
  34. ^ Including the Caribbean Netherlands.[57][58]
  35. ^ This ground is not explicitly mentioned in the law but it is established by judicial decision in the southern states.
  36. ^ Including Svalbard.[60]
  37. ^ On 22 October 2020, the Constitutional Tribunal ruled that abortion in case of fetal impairment was unconstitutional. The ruling is not effective until it is published in the Journal of Laws, which has not yet occurred as of December 2020.[61][62]
  38. ^ The UN source does not explicitly mark it a social legal ground but says that the ground for risk to health includes "the pregnant woman's actual or reasonably foreseeable environment".
  39. ^ a b Only in Northern Ireland.[64]
  40. ^ a b c d e In some states, this ground is not explicitly mentioned in the law but it is established by judicial decision.
  41. ^ The law of Vatican City is primarily based on the canon law of the Catholic Church and applies the Italian penal code in force in 1929 with local modifications.[75] Both sources of law prohibit abortion without explicitly mentioning any exception.[76][77] The penal code lists the general principle of necessity to save one's life, which removes punishment for any crime,[77] but the Church's official interpretation of canon 1398 is more restrictive, allowing in such cases only indirect abortion under the principle of double effect.[78][79]
  42. ^ The UN source does not explicitly mark it a social legal ground but says that abortion is permitted for risk to health of existing children of the woman.

Autonomous jurisdictions

The table below summarizes the legal grounds for abortion in autonomous jurisdictions not included in the previous table.

Legal grounds on which abortion is permitted in other autonomous jurisdictions
Jurisdiction Save life Preserve health Rape Fetal impairment Economic or social On request
 Akrotiri and Dhekelia[80]
 American Samoa[81][82]
 Anguilla[83]
 Aruba[84] Yes[a]
 Bermuda[86]
 British Virgin Islands[87]
 Cayman Islands[88]
 Cook Islands[28]
 Curaçao[89] Yes[a] No[b] No[b] No[b] No[b] No[b]
 Falkland Islands[91]
 Faroe Islands[92]
 Gibraltar[93] Yes[c]
 Greenland[92]
 Guam[95] Yes[d] Yes[d] Yes[d] Yes[d] Yes[d]
 Guernsey[96] [subdivisions] Yes[e] Yes[e] Maybe [f] Maybe [f]
 Alderney[97] Yes[g] Yes[g]
 Guernsey
 Sark[97] Yes[g] Yes[g]
 Hong Kong[99] Yes[h]
 Isle of Man[101]
 Jersey[102]
 Macau[103]
 Montserrat[104]
 Niue[28]
 Northern Mariana Islands[105] Yes[i] Yes[i] Yes[i] Yes[i] Yes[i] Yes[i]
 Pitcairn Islands[j]
 Puerto Rico[108] Yes[k] Yes[k] Yes[k] Yes[k]
 Saint Helena, Ascension and Tristan da Cunha[l]
 Sint Maarten[112] Yes[a] No[m] No[m] No[m] No[m] No[m]
 Tokelau[113] Yes[n] Yes[n]
 Turks and Caicos Islands[115] Yes[g] Yes[g]
 United States Virgin Islands[116]
  1. ^ a b c This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[85]
  2. ^ a b c d e Although illegal, the government does not prosecute abortions performed under rules similar to other countries, including on request.[90]
  3. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[94]
  4. ^ a b c d e Although the law permits abortions on request, few or no medical providers in the territory perform them except to save the woman's life.[82]
  5. ^ a b In Alderney and Sark, this ground is not explicitly mentioned in the law.[97] A judicial decision on an identical law in the parent country clarified that the law always implicitly allowed abortion at least to save the woman's life, and the decision allowed it also to preserve her health.[98] It is unclear whether Alderney and Sark apply only the original legal principle or also the judicial decision.
  6. ^ a b Except in Alderney and Sark.[97]
  7. ^ a b c d e f This ground is not explicitly mentioned in the law. A judicial decision on an identical law in the parent country clarified that the law always implicitly allowed abortion at least to save the woman's life, and the decision allowed it also to preserve her health.[98] It is unclear whether the territory applies only the original legal principle or also the judicial decision.
  8. ^ This ground is not explicitly mentioned in the law, but it is included by regulation in the ground for preserving physical or mental health.[99][100]
  9. ^ a b c d e f The territory's constitution prohibits abortion "except as provided by law", and the territory has no law about the subject. However, according to an opinion issued by the territory's attorney general, U.S. judicial decisions on abortion apply to the territory, thus allowing abortion on request.[105] Yet, in practice, authorized medical providers in the territory perform abortions only to save the woman's life and possibly in case of rape.[106][82]
  10. ^ Applies English law in force in 2010 unless locally modified.[107]
  11. ^ a b c d This ground is not explicitly mentioned in the law but it is established by judicial decision.[109]
  12. ^ Applies English law in force on 1 January 2006 unless locally modified, in each part of the territory.[110] Tristan da Cunha explicitly applies the abortion law of the United Kingdom with minor modifications.[111]
  13. ^ a b c d e Although illegal, the government does not prosecute abortions performed under rules similar to other countries, including on request.[85]
  14. ^ a b This ground is not explicitly mentioned in the law. The judicial handbook says that abortion is permitted for medical reasons but is unclear whether it means only to save the woman's life or also to preserve her health.[114]

Europe

Conscientious objection to abortion by doctors in Europe[117]
  Allowed
  Not allowed

Despite a wide variation in the restrictions under which it is permitted, abortion is legal in most European countries. The exceptions are the mini-state of Malta[119] and the micro-states of Vatican City, San Marino, Liechtenstein and Andorra, where abortion is illegal or severely restricted.[120][121] The other states with existent, but less severe restrictions are Poland and Monaco. All the remaining states make abortion legal on request or for social and economic reasons during the first trimester. When it comes to later-term abortions, there are very few with laws as liberal as those of the United States.[122] Restrictions on abortion are most stringent in a few countries that are strongly observant of the Catholic religion.[120]

European Union

Most countries in the European Union allow abortion on demand during the first trimester, with Sweden and the Netherlands having more extended time limits.[118] After the first trimester, abortion is generally allowed only under certain circumstances, such as risk to woman's life or health, fetal defects or other specific situations that may be related to the circumstances of the conception or the woman's age. For instance, in Austria, second trimester abortions are allowed only if there is a serious risk to physical health of woman (that cannot be averted by other means); risk to mental health of woman (that cannot be averted by other means); immediate risk to life of woman (that cannot be averted by other means); serious fetal impairment (physical or mental); or if the woman is under 14 years of age. Some countries, such as Denmark, allow abortion after the first trimester for a variety of reasons, including socioeconomic ones, but a woman needs an authorization to have such an abortion.[123] Similarly, in Finland, technically abortions even just up to 12 weeks require authorization from two doctors (unless special circumstances), but in practice the authorization is only a rubber stamp and it is granted if the mother simply does not wish to have a baby.[124]

Access to abortion in much of Europe depends not as much on the letter of the law, but on the prevailing social views which lead to the interpretation of the laws. In much of Europe, laws which allow a second-trimester abortion due to mental health concerns (when it is deemed that the woman's psychological health would suffer from the continuation of the pregnancy) have come to be interpreted very liberally, while in some areas it is difficult to have a legal abortion even in the early stages of pregnancy due to conscientious objection by doctors refusing to perform abortions against their personal moral or religious convictions.[125]

Malta is the only EU country that bans abortion in all cases and does not have an exception for situations where the woman's life is in danger. The law, however, is not strictly enforced in relation to instances where a pregnancy endangers the woman's life.[119]

Abortion in Italy was legalized in 1978.[126] However, the law allows health professionals to refuse to perform an abortion. This conscientious objection has the practical effect of restricting access to abortion.[127]

In Ireland, before December 2018, abortion was illegal except cases where a woman's life was endangered by the continuation of her pregnancy. However, in a 2018 referendum a large majority of Irish citizens voted to repeal the constitutional amendment prohibiting legislation relating to the termination of non-life-threatening pregnancies; and the new law enacted (the Health (Regulation of Termination of Pregnancy) Act 2018) allows abortion on request up to 12 weeks of pregnancy, and in certain circumstances at later stages. Abortion in Northern Ireland was decriminalized on 22 October 2019.[128]

Europe's formerly Communist countries have liberal abortion laws. An exception is Poland, a country with a strict abortion law. Abortion is allowed only in cases of risk to the life or health of the woman or when the pregnancy is a result of a criminal act (the criminal act has to be confirmed by a prosecutor). A doctor in Poland who performs an abortion which is deemed to not have a legal basis is subject to criminal prosecution, and, out of fear of prosecution, doctors avoid abortions, except in the most extreme circumstances.[citation needed]

Most European countries have laws which stipulate that minor girls need their parents' consent or that the parents must be informed of the abortion. In most of these countries however, this rule can be circumvented if a committee agrees that the girl may be posed at risk if her parents find out about the pregnancy, or that otherwise it is in her best interests to not notify her parents. The interpretation in practice of these laws depends from region to region, as with the other abortion laws.[125] Some countries differentiate between younger pregnant minors and older ones, with the latter not subjected to parental restrictions (for example under or above 16).[129]

In countries where abortion is illegal or restricted, it is common for women to travel to neighboring countries with more liberal laws. It was estimated in 2007 that over 6,000 Irish women travelled to Great Britain to have abortions every year.[125]

Poland, the country with some of the strictest abortion laws in Europe, is currently in the process of further tightening the regulations begun in October 2020. A top court ruling imposed a near complete ban on abortions, where terminations in case of foetal defects were to be considered unconstitutional.[130] The United Nations independent human rights experts criticized the ruling, and called for the Polish authorities to respect the rights of men and women, who were protesting against the ruling.[131]

United States

In 1973, the U.S. Supreme Court decision Roe v. Wade legalized abortion nationwide. It established a minimal period during which abortion must be legal (with more or fewer restrictions throughout the pregnancy). This basic framework, modified in Planned Parenthood v. Casey (1992), is still in effect today. In accordance with Planned Parenthood v. Casey, states cannot place legal restrictions posing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."[132] Although this legal framework established by the Supreme Court is very liberal (particularly with regard to the gestational age), in practice the effective availability of abortion varies significantly from state to state.[133] On June 29, 2020, the U.S. Supreme Court reaffirmed abortion rights after striking down a Louisiana law limiting abortion.[134]

Countries with more restrictive laws

Supporter of legalized abortion at a rally in Paraná, Argentina. Argentina had restrictive laws until 2020.

According to a report by Women on Waves, approximately 25% of the world's population lives in countries with "highly restrictive abortion laws" - that is, laws which either completely ban abortion, or allow it only to save the mother's life. This category includes several countries in Latin America, Africa, the Middle East, the Asia-Pacific region, as well as Malta in Europe.[119][135] The Centre For Reproductive Rights report that 'The inability to access safe and legal abortion care impacts 700 million women of reproductive age' [136]

Latin America is the region with the most restrictive abortion laws. Fewer than 3% of the women in this region live in countries with liberal abortion laws — that is, where abortion is permitted either without restriction as to reason or on socioeconomic grounds.[137] Some of the countries of Central America, notably El Salvador, have also come to international attention due to very forceful enforcement of the laws, including the incarceration of a gang rape victim for homicide when she gave birth to a stillborn son and was accused of attempting an illegal abortion.[138][139][140]

Beginning of pregnancy controversy

Controversy over the beginning of pregnancy occurs in different contexts, particularly in a legal context, and is particularly discussed within the abortion debate from the point of measuring the gestational age of the pregnancy. Pregnancy can be measured from a number of convenient points, including the day of last menstruation, ovulation, fertilization, implantation and chemical detection. A common medical way to calculate gestational age is to measure pregnancy from the first day of the last menstrual cycle.[146] However, not all legal systems use this measure for the purpose of abortion law; for example countries such as Belgium, France, Luxembourg use the term "pregnancy" in the abortion law to refer to the time elapsed from the sexual act that led to conception, which is presumed to be 2 weeks after the end of the last menstrual period.[148]

Exceptions in abortion law

Exceptions in abortion laws occur either in countries where abortion is, as a general rule illegal, or in countries which have abortion on request with gestational limits (for example if a country allows abortion on request until 12 weeks, it may create exceptions to this general gestation limit for later abortions in specific circumstances).[149]

There are a few exceptions commonly found in abortion laws. Legal domains which do not have abortion on demand will often allow it when the health of the mother is at stake. "Health of the mother" may mean something different in different areas: for example, prior to December 2018, the Republic of Ireland allowed abortion only to save the life of the mother, whereas abortion opponents in the United States argue health exceptions are used so broadly as to render a ban essentially meaningless.[150]

Laws allowing abortion in cases of rape or incest often differ. For example, before Roe v. Wade, thirteen US states allowed abortion in the case of either rape or incest, but only Mississippi permitted abortion of pregnancies due to rape, and no state permitted it for just incest.[151]

Many[vague] countries allow for abortion only through the first or second trimester, and some may allow abortion in cases of fetal defects, e.g., Down syndrome or where the pregnancy is the result of a sexual crime.

Laws in some countries with liberal abortion laws protect access to abortion services. Such legislation often seeks to guard abortion clinics against obstruction, vandalism, picketing, and other actions, or to protect patients and employees of such facilities from threats and harassment. Other laws create a perimeter around a facility, known variously as a "buffer zone", "bubble zone", or "access zone". This area is intended to limit how close to these facilities demonstration by those who oppose abortion can approach. Protests and other displays are restricted to a certain distance from the building, which varies depending upon the law, or are prohibited altogether. Similar zones have also been created to protect the homes of abortion providers and clinic staff. Bubble zone laws are divided into "fixed" and "floating" categories. Fixed bubble zone laws apply to the static area around the facility itself, and floating laws to objects in transit, such as people or cars.[152] Because of conflicts between anti-abortion activists on one side and women seeking abortion and medical staff who provides abortion on the other side, some laws are quite strict: in South Africa for instance, any person who prevents the lawful termination of a pregnancy or obstructs access to a facility for the termination of a pregnancy faces up to 10 years in prison (section 10.1 (c) of the Choice on Termination of Pregnancy Act[153]).

On 3 November 2020, an association of 20 Kenyan charities urged the government of Kenya to withdraw from the Geneva Consensus Declaration (GCD), a US-led international accord that sought to limit access to abortion for girls and women around the world. GCD was signed by 33 nations, on 22 October 2020.[154]

Case law

Australia

Canada

Germany

Ireland

South Africa

United Kingdom

United States

European Court of Human Rights

See also

Notes

  1. ^ Population Division, United Nations. Department of Economic and Social Affairs (2001). Abortion Policies: A Global Review. United Nations Publications. pp. 46, 126. ISBN 978-92-1-151361-5.
  2. ^ a b "Abortion Rates Similar In Countries That Legalize, Prohibit Procedure, Study Says - News - I.C.M.A." Archived from the original on 2014-03-23. Retrieved 2014-03-23.
  3. ^ Singh, Susheela et al. Adding it Up: The Costs and Benefits of Investing in Family Planning and Newborn Health, pages 17, 19, and 27 (New York: Guttmacher Institute and United Nations Population Fund 2009): "Some 215 million women in the developing world as a whole have an unmet need for modern contraceptives…. If the 215 million women with unmet need used modern family planning methods....[that] would result in about 22 million fewer unplanned births; 25 million fewer abortions; and seven million fewer miscarriages....If women’s contraceptive needs were addressed (and assuming no changes in abortion laws)...the number of unsafe abortions would decline by 73% from 20 million to 5.5 million." A few of the findings in that report were subsequently changed, and are available at: "Facts on Investing in Family Planning and Maternal and Newborn Health Archived March 24, 2012, at the Wayback Machine" (Guttmacher Institute 2010).
  4. ^ Joffe, Carole (2009), "Abortion and Medicine: A Sociopolitical History", Management of Unintended and Abnormal Pregnancy, John Wiley & Sons, Ltd, pp. 1–9, doi:10.1002/9781444313031.ch1, ISBN 9781444313031, S2CID 43673269
  5. ^ "Women's & LGBT Liberation In Revolutionary Russia". Retrieved 12 January 2017.
  6. ^ "The Communist Women's Movement". isreview.org. Retrieved 2017-01-13.
  7. ^ Smith, Sharon (September 15, 2015). Women and Socialism: Essays on Women's Liberation. Haymarket Books. pp. 12, 199. ISBN 9781608461806.
  8. ^ "Abstract - Abortion in Russia". South African Medical Journal. 1935.
  9. ^ "Women's liberation and socialism". Retrieved 2017-01-13.
  10. ^ Overy, Richard (2004). Women, the State and Revolution: Soviet Family Policy and Social Life, 1917-1936. Cambridge University Press. ISBN 9780521458160.
  11. ^ Overy, Richard (2004). The Dictators: Hitler's Germany, Stalin's Russia. W. W. Norton Company, Inc. ISBN 9780141912240.
  12. ^ Heer, David (1965). "Abortion, Contraception, and Population Policy in the Soviet Union". Demography. 2: 531–39. doi:10.2307/2060137. JSTOR 2060137. S2CID 46960030.
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  35. ^ Cocos (Keeling) Islands Act 1955, Federal Register of Legislation.
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  65. ^ Abortion policy in the absence of Roe, Guttmacher Institute, 15 October 2020.
  66. ^ SB149, Arkansas General Assembly, 2019.
  67. ^ S1385, Idaho Legislature, 2020.
  68. ^ HB148, Kentucky General Assembly, 2019.
  69. ^ Human Life Protection Act, RS 40:1061, Louisiana State Legislature.
  70. ^ HB126, Missouri General Assembly, 2019.
  71. ^ HB 1466, North Dakota Legislative Assembly, 2007.
  72. ^ Chapter 187, South Dakota Legislature, 2005.
  73. ^ SB1257, Tennessee General Assembly, 2019.
  74. ^ SB174, Utah State Legislature, 2020.
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  144. ^ "Estimated Date of Delivery (EDD) Pregnancy Calculator". reference.medscape.com.
  145. ^ "gestational age".
  146. ^ Some examples of gestational age calculated from the first day of the last menstrual cycle:[141][142][143][144]}[145]
  147. ^ "Loi du 17 décembre 2014 portant modification 1) du Code pénal et 2) de la loi du 15 novembre 1978 relative à l'information sexuelle, à la prévention de l'avortement clandestin et à la réglementation de l'interruption volontaire de grossesse. - Legilux". legilux.public.lu.
  148. ^ For example Luxembourg abortion law states: "Avant la fin de la 12e semaine de grossesse ou avant la fin de la 14e semaine d’aménorrhée[...]" which translates to "Before the end of the 12th week of pregnancy or before the end of the 14th week of amenorrhea".[147]
  149. ^ helsedepartementet, Sosial- og (18 May 2000). "About the Abortion Act". Government.no.
  150. ^ "'Health' of the Mother". Newsweek. October 15, 2008.
  151. ^ "States probe limits of abortion policy". Stateline. June 22, 2006.
  152. ^ Center for Reproductive Rights. (n.d.). Picketing and Harassment. Retrieved December 14, 2006. Archived November 30, 2006, at the Wayback Machine
  153. ^ "Choice on Termination of Pregnancy Act, 1996 [No. 92 of 1996] - G 17602". www.saflii.org.
  154. ^ "Kenyan charities urge government to quit U.S.-led anti-abortion pact". Reuters. Retrieved 3 November 2020.

References