Abortion law
Abortion laws varies quite a lot between countries and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances.[1]
Abortion continues to be a controversial subject in many societies on religious, moral, ethical, practical, and political grounds. Though it has been banned and otherwise limited by law in many jurisdictions, 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[]
This section needs additional citations for verification. (July 2017) |
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 laws 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 woman's life and in some cases on the 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 tsarist 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 I 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.[how?][14][better source needed]
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 (1984), 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.
Timeline of abortion on request[]
The table below lists in chronological order the UN member states that have legalized abortion on request in at least some initial part of the pregnancy, or that have fully decriminalized abortion.
Notes: Where a country has legalized abortion on request, prohibited it, and legalized it again (e.g. former Soviet Union, Romania), only the later year is included. Countries that result from the merger of states where abortion on request was legal at the moment of unification show the year when it became legal across the whole national territory (e.g. Germany, Vietnam). Similarly, countries where not all subnational jurisdictions have legalized abortion on request are not included (e.g. leading to the exclusion of Mexico and the United Kingdom). Countries are counted even if they were not yet independent at the time. The year refers to when the relevant law or judicial decision came into force, which may be different from the year when it was approved.
Year legalised | Countries | Countries per year | Cumulative countries |
---|---|---|---|
1950 | North Korea[16] | 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 the Soviet Union) | 15 | 17 |
1965 | Cuba | 1 | 18 |
1973 | Denmark Tunisia[17] United States[a][b] | 3 | 21 |
1974 | Singapore Sweden | 2 | 23 |
1975 | Austria France Vietnam[a] | 3 | 26 |
1977 | ( Bosnia and Herzegovina Croatia Montenegro North Macedonia Serbia Slovenia as part of Yugoslavia) | 6 | 32 |
1978 | Italy Luxembourg | 2 | 34 |
1979 | China Norway[c] | 2 | 36 |
1983 | Turkey | 1 | 37 |
1984 | Netherlands | 1 | 38 |
1986 | Cape Verde ( Czech Republic Slovakia as part of Czechoslovakia) Greece | 4 | 42 |
1988 | Canada | 1 | 43 |
1989 | Mongolia[19] | 1 | 44 |
1990 | Belgium Bulgaria Romania | 3 | 47 |
1992 | Germany[a] | 1 | 48 |
1995 | Albania Guyana | 2 | 50 |
1997 | Cambodia South Africa | 2 | 52 |
2002 | Nepal Switzerland | 2 | 54 |
2007 | Portugal | 1 | 55 |
2010 | Spain | 1 | 56 |
2012 | São Tomé and Príncipe[20] Uruguay | 2 | 58 |
2015 | Mozambique[d] | 1 | 59 |
2018 | Cyprus Ireland | 2 | 61 |
2019 | Iceland | 1 | 62 |
2020 | New Zealand | 1 | 63 |
2021 | Argentina[e] Australia[a][f] South Korea Thailand | 4 | 67 |
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.[23]
The Catholic Church remains highly influential in Latin America, and opposes the legalisation of abortion.[24] The American Convention on Human Rights, which in 2013 had 23 Latin American parties, declares human life as commencing with conception. In Latin America, abortion on request is only legal in Cuba (1965), Uruguay (2012),[25] Argentina (2021),[22] and in parts of Mexico.[26] Abortions are completely banned in Honduras, El Salvador, Nicaragua and the Dominican Republic and only allowed in certain restricted circumstances in most other Latin American nations.[24]
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.[27] K.L. received the compensation in 2016.[27] 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[]
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,[28] 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 and China.[28]
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.[28]
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).[29][30] The vast majority, 90% of abortions in Finland are performed for socio-economic reasons.[31] 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.[32]
Summary tables[]
Permitted | |
Permitted, with complex legality or practice | |
Varies by subdivision | |
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 United Nations General Assembly observer states and some countries with limited recognition. This table is mostly based on data compiled by the United Nations up to 2019,[33] with some updates, additions and clarifications citing other sources.
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
---|---|---|---|---|---|---|
Abkhazia[34] | ||||||
Afghanistan[needs update?] | [g] | [g] | [g] | |||
Albania | ||||||
Algeria | ||||||
Andorra | [h] | |||||
Angola[i] | ||||||
Antigua and Barbuda | ||||||
Argentina[22] | ||||||
Armenia | ||||||
Australia[j][f] | ||||||
Austria | ||||||
Azerbaijan | ||||||
Bahamas | ||||||
Bahrain | [k] | [k] | [k] | [k] | [k] | |
Bangladesh | [l] | [l] | [l] | [l] | [l] | |
Barbados | ||||||
Belarus | ||||||
Belgium | ||||||
Belize | ||||||
Benin | ||||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Bhutan | ||||||
Bolivia | [m] | |||||
Bosnia and Herzegovina | ||||||
Botswana | ||||||
Brazil | [n] | [n] | [n] | |||
Brunei | ||||||
Bulgaria | ||||||
Burkina Faso | ||||||
Burundi | ||||||
Cambodia | ||||||
Cameroon | ||||||
Canada | ||||||
Cape Verde | ||||||
Central African Republic | ||||||
Chad | ||||||
Chile | ||||||
China[o] | ||||||
Colombia | ||||||
Comoros | ||||||
Congo | [p] | |||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Costa Rica | [q] | |||||
Croatia | ||||||
Cuba | ||||||
Cyprus | ||||||
Czech Republic | ||||||
Democratic Republic of the Congo | [r] | [s] | [s] | [s] | ||
Denmark | ||||||
Djibouti | [t] | |||||
Dominica | [p] | |||||
Dominican Republic | [u] | |||||
East Timor[v] | ||||||
Ecuador | [w] | |||||
Egypt | ||||||
El Salvador | ||||||
Equatorial Guinea | ||||||
Eritrea | ||||||
Estonia | ||||||
Eswatini | ||||||
Ethiopia | ||||||
Fiji | ||||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Finland[x] | ||||||
France[y] | ||||||
Gabon | [p] | |||||
Gambia | ||||||
Georgia | ||||||
Germany | ||||||
Ghana | ||||||
Greece | ||||||
Grenada | ||||||
Guatemala | ||||||
Guinea | ||||||
Guinea-Bissau | [p] | |||||
Guyana | ||||||
Haiti[z] | [p] | |||||
Honduras[69] | ||||||
Hungary | ||||||
Iceland | ||||||
India | ||||||
Indonesia | ||||||
Iran | [aa] | |||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Iraq | ||||||
Ireland | ||||||
Israel | [ab] | |||||
Italy | ||||||
Ivory Coast | [ac] | [ac] | ||||
Jamaica | [ad] | [ae] | ||||
Japan | ||||||
Jordan | ||||||
Kazakhstan | ||||||
Kenya | ||||||
Kiribati | ||||||
Kosovo[78] | ||||||
Kuwait | ||||||
Kyrgyzstan | ||||||
Laos[79] | [af] | [ag] | [ag] | [ag] | [ag] | [ag] |
Latvia | ||||||
Lebanon | ||||||
Lesotho | ||||||
Liberia | ||||||
Libya | [p] | |||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Liechtenstein | ||||||
Lithuania | ||||||
Luxembourg | ||||||
Madagascar | [p] | |||||
Malawi | ||||||
Malaysia | ||||||
Maldives | [t] | |||||
Mali | ||||||
Malta | [ah] | |||||
Marshall Islands | [p] | |||||
Mauritania | [p] | |||||
Mauritius | ||||||
Mexico[84] [subdivisions] | [ai] | [aj] | [aj] | [aj] | [aj] | |
Micronesia | [p] | |||||
Moldova | ||||||
Monaco | ||||||
Mongolia | ||||||
Montenegro | ||||||
Morocco | ||||||
Mozambique | ||||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Myanmar | ||||||
Namibia | ||||||
Nauru | ||||||
Nepal | ||||||
Netherlands[al] | ||||||
New Zealand[91] | ||||||
Nicaragua | ||||||
Niger | ||||||
Nigeria [subdivisions] | [am] | |||||
Northern Cyprus[92] | ||||||
North Korea | ||||||
North Macedonia | ||||||
Norway[ao] | ||||||
Oman | ||||||
Pakistan | [p] | [p] | ||||
Palau | [p] | |||||
Palestine | ||||||
Panama | ||||||
Papua New Guinea | ||||||
Paraguay | ||||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Peru | ||||||
Philippines | [p] | |||||
Poland | [ap] | [ap] | ||||
Portugal | ||||||
Qatar | ||||||
Romania | ||||||
Russia | ||||||
Rwanda | ||||||
Saint Kitts and Nevis | [an] | [an] | ||||
Saint Lucia | ||||||
Saint Vincent and the Grenadines | [aq] | |||||
Samoa | ||||||
San Marino | [p] | |||||
São Tomé and Príncipe | ||||||
Saudi Arabia | ||||||
Senegal | ||||||
Serbia | ||||||
Seychelles | ||||||
Sierra Leone | ||||||
Singapore | ||||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Slovakia | ||||||
Slovenia | ||||||
Solomon Islands | ||||||
Somalia | [p] | |||||
South Africa | ||||||
South Korea | [ar] | [ar] | ||||
South Sudan | ||||||
Spain | ||||||
Sri Lanka | ||||||
Sudan | ||||||
Suriname | [p] | |||||
Sweden | ||||||
Switzerland | ||||||
Syria | ||||||
Taiwan[97] | ||||||
Tajikistan | ||||||
Tanzania | ||||||
Thailand[98] | ||||||
Togo | ||||||
Tonga | [p] | |||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Trinidad and Tobago | [p] | [p] | ||||
Tunisia | ||||||
Turkey | ||||||
Turkmenistan | ||||||
Tuvalu | ||||||
Uganda | ||||||
Ukraine | ||||||
United Arab Emirates | [as] | |||||
United Kingdom [subdivisions] | [at] | [au] | ||||
United States[102] [subdivisions] | [av] | [av][b] | [av][b] | [av][b] | [av][b] | |
Uruguay | ||||||
Uzbekistan | ||||||
Vanuatu | ||||||
Vatican City | [ax] | |||||
Venezuela | ||||||
Vietnam | ||||||
Yemen | ||||||
Zambia | [ay] | |||||
Zimbabwe | ||||||
Country | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Autonomous jurisdictions[]
The table below summarizes the legal grounds for abortion in autonomous jurisdictions not included in the previous table.
Jurisdiction | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
---|---|---|---|---|---|---|
Akrotiri and Dhekelia[125] | ||||||
American Samoa[126][127] | ||||||
Anguilla[128] | ||||||
Aruba[129] | [az] | |||||
Bermuda[131] | ||||||
British Virgin Islands[132] | ||||||
Cayman Islands[133] | ||||||
Cook Islands[33] | ||||||
Curaçao[134] | [az] | [ba] | [ba] | [ba] | [ba] | [ba] |
Falkland Islands[136] | ||||||
Faroe Islands[137] | ||||||
Gibraltar[138] | [bb] | [bc] | ||||
Greenland[137] | ||||||
Guam[140] | [bd] | [bd] | [bd] | [bd] | [bd] | |
Guernsey[141] [subdivisions] | [be] | [be] | [bf] | [bf] | ||
Hong Kong[144] | [bh] | |||||
Isle of Man[146] | ||||||
Jersey[147] | ||||||
Macau[148] | ||||||
Montserrat[149] | ||||||
Niue[33] | ||||||
Northern Mariana Islands[150] | [bi] | [bi] | [bi] | [bi] | [bi] | [bi] |
Pitcairn Islands[bj] | ||||||
Puerto Rico[153] | [bk] | [bk] | [bk] | [bk] | ||
Saint Helena, Ascension and Tristan da Cunha[bl] | ||||||
Sint Maarten[157] | [az] | [bm] | [bm] | [bm] | [bm] | [bm] |
Tokelau[158] | [bn] | [bn] | ||||
Turks and Caicos Islands[160] | [bg] | [bg] | ||||
United States Virgin Islands[161] | ||||||
Jurisdiction | Risk to life | Risk to health | Rape | Fetal impairment | Economic or social | On request |
Europe[]
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[164], the micro-states of Vatican City, San Marino, Liechtenstein, and Andorra, and the large state of Poland, where abortion is illegal or severely restricted.[165][166] The other state with existent, but less severe restrictions is 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.[167] Restrictions on abortion are most stringent in a few countries that are strongly observant of the Catholic religion.[165]
North America[]
Canada[]
Abortion in Canada is legal at all stages of pregnancy (regardless of the reason) and is publicly funded as a medical procedure under the combined effects of the federal Canada Health Act and provincial health-care systems.[168] However, access to services and resources varies by region.[169] While some non-legal barriers to access continue to exist,[168] Canada is the only nation with absolutely no legal restrictions to access abortion services.[170][171]
Formally banned in 1869, abortion would remain illegal in Canada law for the next 100 years.[172] In 1969, the Criminal Law Amendment Act, 1968–69 legalized some abortions, as long as a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health.[172] In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing law was unconstitutional, and struck down the 1969 Act.[173] The ruling found that criminalization of abortion and legal restrictions violated a woman's right to “life, liberty and security of the person” guaranteed under Section 7 of the Canadian Charter of Rights and Freedoms established in 1982.[174]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."[175] 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.[176] On June 29, 2020, the U.S. Supreme Court reaffirmed abortion rights after striking down a Louisiana law limiting abortion.[177]
Countries with more restrictive laws[]
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.[164][178] The Centre For Reproductive Rights report that 'The inability to access safe and legal abortion care impacts 700 million women of reproductive age' [179]
Latin America is the region with the most restrictive abortion laws. Fewer than 3%[needs update] 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.[180] 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.[181][182][183]
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.[189] 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.[191]
Exceptions in abortion law[]
Exceptions in abortion laws occur either in countries where abortion is as a general rule illegal or in countries that 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).[192]
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 mother's life, whereas abortion opponents in the United States argue health exceptions are used so broadly as to render a ban essentially meaningless.[193]
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.[194]
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", where demonstrations opposing abortion are not permitted. Protests and other displays are restricted to a certain distance from the building, which varies depending on the law. 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.[195] 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[196]).
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.[197]
Judicial decisions[]
Jurisdiction | Year | Description | Abortion access affirmed or expanded? |
---|---|---|---|
Canada | 1879 | Abortion trial of Emily Stowe | |
United Kingdom | 1938 | R v Bourne: Abortion in case of risk to physical and mental health included in risk to life. Decision also implemented by some British territories and their successors. | Partially |
Canada | 1952 | Azoulay v R | |
Australia | 1969 | R v Davidson (Menhennitt ruling) [1969] VicRp 85, VR 667, Supreme Court (Vic, Australia) | Partially |
United States | 1973 | Roe v. Wade: Supreme Court legalized abortion on demand in the entire country. | Yes |
United States | 1973 | Doe v. Bolton: Supreme Court stated that a woman may obtain an abortion after viability, if necessary to protect her health. | Yes |
Germany | 1975 | German Federal Constitutional Court abortion decision | Law restricted |
Canada | 1976 | Morgentaler v R | Restrictions upheld |
Puerto Rico | 1980 | Pueblo v. Duarte: Application of Roe v. Wade (United States) to Puerto Rico.[153] | Yes |
United States | 1981 | H. L. v. Matheson | Restrictions upheld |
United States | 1983 | City of Akron v. Akron Center for Reproductive Health | Yes |
Canada | 1988 | R v Morgentaler | Yes |
Canada | 1989 | Borowski v Canada (AG) | |
United States | 1989 | Webster v. Reproductive Health Services | Restrictions upheld |
Canada | 1989 | Tremblay v Daigle | Yes |
United States | 1990 | Hodgson v. Minnesota | Partially |
Ireland | 1992 | Attorney General v. X: Irish Supreme Court established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnancy, including the risk of suicide. | Partially |
United States | 1992 | Planned Parenthood v. Casey | Yes |
United States | 1993 | Bray v. Alexandria Women's Health Clinic | |
Canada | 1993 | R v Morgentaler | Yes |
Poland | 1997 | Abortion for economic or social reasons ruled unconstitutional.[94] | Law restricted |
South Africa | 1998 | Christian Lawyers Association v Minister of Health: Law allowing abortion on demand was ruled constitutional. | Legalization upheld |
United States | 2000 | Stenberg v. Carhart: Supreme Court struck down Nebraska's partial-birth abortion ban. | Yes |
Australia | 2006 | R v Sood (No 3) [2006] NSWSC 762, Supreme Court (NSW, Australia) | |
United States | 2006 | Ayotte v. Planned Parenthood of New England | |
United States | 2006 | Gonzales v. Carhart: Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 | Restrictions upheld |
Colombia | 2006 | Constitutional Court allowed abortion in case of rape, danger to woman's health and fetal deformation.[198] | Partially |
Slovakia | 2007 | Constitutional Court ruled law allowing abortion on demand constitutional.[199] | Legalization upheld |
Council of Europe | 2009 | A, B and C v Ireland: The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies for a legal abortion. | Partially |
Nepal | 2009 | Lakshmi v. Government of Nepal: Supreme Court upheld and expanded legal abortion.[200] | Yes |
Brazil | 2012 | ADPF 54: Abortion allowed in case of anencephaly. | Partially |
Dominican Republic | 2015 | Constitutional Court ruled law allowing abortion in certain cases unconstitutional.[201] | Law restricted |
United States | 2016 | Whole Woman's Health v. Hellerstedt | Yes |
Chile | 2017 | Constitutional Court ruled law allowing abortion in certain cases constitutional.[202] | Partially |
Croatia | 2017 | Constitutional Court ruled law allowing abortion on demand constitutional.[203] | Legalization upheld |
United Kingdom | 2018 | Northern Ireland Human Rights Commission v Department of Justice | |
South Korea | 2019 | Abortion allowed on request. Decision took effect in 2021.[95] | Yes |
Kenya | 2019 | Abortion allowed in case of rape.[204] | Partially |
Poland | 2020 | Constitutional Court ruled abortion in case of fetal deformity unconstitutional. Decision was implemented on 27 January 2021. | Law restricted |
Colombia | 2020 | Constitutional Court ruled law allowing abortion in certain cases constitutional rejecting both total ban and legalization.[205] | Law upheld |
Ecuador | 2021 | Abortion allowed in case of rape.[65] | Partially |
Mexico | 2021 | Penalties for abortion ruled unconstitutional.[85][86] | Partially |
See also[]
- Abortion debate
- Abortion-rights movements
- Anti-abortion movement
- Category:Abortion by country
- Philosophical aspects of the abortion debate
- Conscientious objection to abortion
- Fetal rights
- Hippocratic Oath
- History of abortion
- Legislation on human reproduction
- Medical law
- Mexico City Policy
- Religion and abortion
- Roe v. Wade
- Support for legal abortion
- Abortion in Nigeria
- Ohio "Heartbeat Bill"
- Sherri Finkbine
Notes[]
- ^ Jump up to: a b c d Year when all subnational jurisdictions legalized abortion on request.
- ^ Jump up to: a b c d e f g h i In Texas, from 1 September 2021, most abortions are estimated to be prohibited due to a a law prohibiting abortion after an embryonic or fetal heartbeat is detected except for medical emergencies.[103][104][105]
- ^ The law legalising abortion on request was approved in 1978 and came into force in 1979.[18]
- ^ The law legalising abortion on request was approved in 2014 and came into force in 2015.[21]
- ^ The law legalising abortion on request was approved in 2020 and came into force in 2021.[22]
- ^ Jump up to: a b In South Australia, a bill legalizing abortion on request has been passed and received royal assent but still awaits a proclamation to establish the commencement date.[47][48][49] All other states and territories of Australia had previously legalized abortion on request.[50]
- ^ Jump up to: a b c The law of the Islamic Republic of Afghanistan consisted primarily of statutory law and a limited use of Islamic jurisprudence.[35] The Afghan penal code criminalized abortion and only removed the penalty if the abortion was prescribed by a doctor to save the woman's life,[36][37] but other sources said that Afghanistan also allowed abortion in case of fetal impairment,[38] and rarely for economic reasons if accepted by a religious council.[39] After the 2021 Taliban offensive, the new government announced its intention to implement Islamic law exclusively, and it is unclear which legal grounds for abortion it will accept.[40]
- ^ The UN source says that this ground is not explicitly mentioned in the law but it is accepted as a general legal principle. However, other sources say that abortion is not legally allowed under any circumstance in Andorra.[41]
- ^ The UN source incorrectly shows Angola as allowing abortion on request, citing a penal code draft from 2014 that did not become law.[42] The version of the penal code enacted in 2020 and entered into force in 2021 allows abortion only in certain circumstances.[43]
- ^ Including external territories, which apply the laws of other states and territories of Australia.[44][45][46]
- ^ Jump up to: 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.[51] However, the decree regulating medical practice prohibits abortion unless the pregnancy threatens the woman's life.[52]
- ^ Jump up to: 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".
- ^ This ground is established by a regulation implementing a judicial decision, although it is not mentioned in the decision itself or in the law.[53]
- ^ Jump up to: a b c The penal code criminalizes abortion and only removes the penalty if the abortion is done to save the woman's life or if the pregnancy is the result of rape.[54] Due to a decision by the Supreme Federal Court, abortion is also permitted in case of anencephaly, and it may also be authorized by court order in other fatal cases of fetal impairment.[55][56][57]
- ^ Mainland China.
- ^ Jump up to: a b c d e f g h i j k l m n o p q r s t This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.
- ^ A judicial pardon may be granted to the woman for an abortion on this ground.
- ^ 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.[58][59]
- ^ Jump up to: 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.[58][60]
- ^ Jump up to: 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.
- ^ The UN source says that this ground is not explicitly mentioned in the law but it is accepted as a general legal principle. However, other sources say that abortion is not legally allowed under any circumstance in the Dominican Republic.[61]
- ^ The UN source shows East Timor as allowing abortion also in case of risk to the woman's health or fetal impairment, citing the penal code enacted in March 2009 and entered into force in June 2009.[62][63] However, the penal code was amended in July 2009 to restrict abortion only to save the woman's life.[64][63]
- ^ This ground is explicitly mentioned in the law only in case of rape of a woman with a mental disability, but it is also established by judicial decision in case of rape of any woman.[65]
- ^ Including the Åland Islands.[66]
- ^ Including Overseas France.[67]
- ^ A new penal code, published by presidential decree in July 2020, would allow abortion on request in the first 12 weeks of pregnancy. The code is set to take effect in July 2022 unless modified by the parliament to be elected before then.[68]
- ^ This ground is not explicitly mentioned in the law,[70] but it may be included in other legal grounds if the pregnancy causes unbearable hardship, such as significant harm to mental health or risk of suicide.[71][better source needed]
- ^ 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".
- ^ Jump up to: 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.[72][73]
- ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle and established by judicial decision.[74][75][76][77]
- ^ This ground is not explicitly mentioned in the law but it is established by judicial decision.[74][75][76][77]
- ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[80]
- ^ Jump up to: 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.[81]
- ^ Law prohibits abortion without exceptions. In practice only indirect abortion is allowed under the principle of double effect.[82][83]
- ^ This ground is permitted by law in all subdivisions except Guanajuato and Querétaro. In these two states, people who violate it may be prosecuted but not imprisoned, and they may request judicial relief by amparo.[85][86]
- ^ Jump up to: 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 This ground is permitted by law in some states and Mexico City. In other states, people who violate it may be prosecuted but not imprisoned, and they may request judicial relief by amparo.[85][86]
- ^ Jump up to: a b c This ground is not explicitly mentioned in the law but it is established by judicial decision.[85][86]
- ^ Including the Caribbean Netherlands.[89][90]
- ^ This ground is not explicitly mentioned in the law but it is established by judicial decision in the southern states.
- ^ Jump up to: 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 cn co This ground is not explicitly mentioned in the law but it is established by judicial decision.
- ^ Including Svalbard.[93]
- ^ Jump up to: a b This ground is mentioned in the law but it was invalidated by a judicial decision.[94]
- ^ 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".
- ^ Jump up to: a b This ground is not explicitly mentioned in the law but it is established by judicial decision.[95][96]
- ^ Lethal anomalies only.[99]
- ^ Jump up to: a b c d In Great Britain, this ground is not explicitly mentioned in the law but it is considered to be included in the ground for preserving physical or mental health.[100]
- ^ Only in Northern Ireland.[101]
- ^ Jump up to: a b c d e In some states, this ground is not explicitly mentioned in the law but it is established by judicial decision.
- ^ A state law prohibits abortion unless the mother's life is in danger, but this law is invalidated by a judicial decision. However, another law prohibits abortion after an embryonic or fetal heartbeat is detected, except for medical emergencies,[103] which is estimated to prohibit most abortions in practice.[104][105] In addition, around 30 cities in Texas passed ordinances banning abortion except when the woman's life is in danger, and at least in Lubbock the ordinance caused a clinic to stop performing abortions.[116]
- ^ 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.[118] Both sources of law prohibit abortion without explicitly mentioning any exception.[119][120] Article 49 of the penal code lists the principle of necessity to save one's life, which removes punishment for any action that would otherwise be a crime,[121][122] 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.[123][124]
- ^ 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.
- ^ Jump up to: a b c This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[130]
- ^ Jump up to: a b c d e Although illegal, the government does not prosecute abortions performed under rules similar to other countries, including on request.[135]
- ^ This ground is not explicitly mentioned in the law but it is considered to be included in the ground for preserving physical or mental health.[138][139]
- ^ This ground is not explicitly mentioned in the law but it says that "account may be taken of the pregnant woman's actual or reasonably foreseeable environment."[138]
- ^ Jump up to: a b c d e Although the law permits abortions on request, no medical providers in the territory perform them except to save the woman's life.[127]
- ^ Jump up to: a b In Alderney and Sark, this ground is not explicitly mentioned in the law.[142] 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.[143] It is unclear whether Alderney and Sark apply only the original legal principle or also the judicial decision.
- ^ Jump up to: a b Except in Alderney and Sark.[142]
- ^ Jump up to: 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.[143] It is unclear whether the territory applies only the original legal principle or also the judicial decision.
- ^ This ground is not explicitly mentioned in the law, but it is included by regulation in the ground for preserving physical or mental health.[144][145]
- ^ Jump up to: 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.[150] Yet, in practice, authorized medical providers in the territory perform abortions only to save the woman's life and possibly in case of rape.[151][127]
- ^ Applies English law in force in 2010 unless locally modified.[152]
- ^ Jump up to: a b c d This ground is not explicitly mentioned in the law but it is established by judicial decision.[154]
- ^ Applies English law in force on 1 January 2006 unless locally modified, in each part of the territory.[155] Tristan da Cunha explicitly applies the abortion law of the United Kingdom with minor modifications.[156]
- ^ Jump up to: a b c d e Although illegal, the government does not prosecute abortions performed under rules similar to other countries, including on request.[130]
- ^ Jump up to: 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.[159]
References[]
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- ^ Jump up to: a b "Abortion Rates Similar In Countries That Legalize, Prohibit Procedure, Study Says". I.C.M.A. Archived from the original on 2014-03-23. Retrieved 2014-03-23.
- ^ 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).
- ^ 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 978-1444313031, S2CID 43673269
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- ^ Smith, Sharon (2015). Women and Socialism: Essays on Women's Liberation. Haymarket Books. pp. 12, 199. ISBN 978-1608461806.
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- ^ "Abortion law in Mongolia". Women on Waves.
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- ^ Law of revision of the Penal Code, Gazette of the Republic of Mozambique, 31 December 2014. "The present law enters into force one hundred and eighty days after its publication." (in Portuguese)
- ^ Jump up to: a b c Law 27.610, Access to voluntary interruption of pregnancy, Ministry of Health of Argentina, 15 January 2021 (in Spanish).
- ^ Law Reports of Trials of War Criminals – Selected and prepared by the United Nations War Crimes Commission https://www.loc.gov/rr/frd/Military_Law/pdf/Law-Reports_Vol-13.pdf}
- ^ Jump up to: a b Argentina abortion: Senate approves legalisation in historic decision, BBC News, 30 December 2020.
- ^ "En Uruguay, le Parlement vote la dépénalisation de l'avortement". Le Monde.fr. 17 October 2012 – via Le Monde.
- ^ The state of Veracruz decriminalizes abortion, El País, 20 July 2021 (in Spanish).
- ^ Jump up to: a b "United Nations Committee Affirms Abortion as a Human Right". The Huffington Post. 25 January 2016.
- ^ Jump up to: a b c World Population Policies 2017: Abortion Laws and Policies, United Nations Department of Economic and Social Affairs, 2020.
- ^ "Abortion Act 1967". Legislation.gov.uk. Retrieved 17 July 2012.
- ^ "Laki raskauden keskeyttämisestä 24.3.1970/239". Finlex. Retrieved 17 July 2012.
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- ^ Jump up to: a b c d Table 2: Countries by legal grounds for abortion (recoded), United Nations, Department of Economic and Social Affairs, Population Division (2019). World Population Policies 2017: Abortion laws and policies.
- ^ Medical Experts Decry Abkhazia's "Rash" Abortion Ban, Institute for War and Peace Reporting, 8 March 2016.
- ^ Afghanistan's Constitution of 2004, Constitute.
- ^ Penal Code, Government of the Republic of Afghanistan, 7 October 1976.
- ^ Penal Code, Official Gazette of the Islamic Republic of Afghanistan, 15 May 2017 (in Pashto) (in Dari).
- ^ "Afghan women use abortion as a way out". Deutsche Welle. 5 May 2014.
- ^ "'I am a criminal. What is my crime?': the human toll of abortion in Afghanistan". The Guardian. 26 April 2017.
- ^ Explainer: The Taliban and Islamic law in Afghanistan, Al Jazeera, 23 August 2021.
- ^ Bernhard, Meg (2019-10-22). "Andorra's abortion rights revolution". POLITICO. Retrieved 2021-04-25.
- ^ Penal code draft, Global Abortion Policies Database, World Health Organization (in Portuguese).
- ^ Law that approves the Angolan Penal Code, Journal of the Republic of Angola, 11 November 2020 (in Portuguese).
- ^ Christmas Island Act 1958, Federal Register of Legislation.
- ^ Cocos (Keeling) Islands Act 1955, Federal Register of Legislation.
- ^ Norfolk Island Act 1979, Federal Register of Legislation.
- ^ Termination of Pregnancy Bill 2021, South Australian Legislation.
- ^ South Australian Government Gazette No. 16, Government of South Australia, 11 March 2021.
- ^ Proclamations and notices made by the Governor of South Australia, Government of South Australia, 2021.
- ^ Australian abortion law and practice, Children by Choice, 17 June 2020.
- ^ Bahrain Penal Code, 1976, Global Abortion Policies Database, World Health Organization.
- ^ Legislative decree no. 7 for 1989 on the practice of human medicine and dentistry, Ministry of Health of Bahrain, Global Abortion Policies Database, World Health Organization.
- ^ Technical procedure for the provision of health services in the framework of the Plurinational Constitutional Sentence 0206/2014, Ministry of Health of Bolivia, 2015. (in Spanish)
- ^ Penal Code, Decree-Law no. 2848, of 7 December 1940, Presidency of Brazil (in Portuguese).
- ^ Reproductive rights: legal abortion, Public Defenders' Office of the State of São Paulo, July 2018 (in Portuguese).
- ^ Malformation that renders baby's life inviable justifies authorization for abortion, judge decides, Consultor Jurídico, 20 January 2020 (in Portuguese).
- ^ Woman obtains judicial authorization to interrupt risky pregnancy, Brazilian Family Law Institute, 11 August 2020 (in Portuguese).
- ^ Jump up to: a b Is the abortion of a rape victim permitted in Congolese law?, Leganews.cd, 29 October 2019. (in French)
- ^ Ordinance 70-158 of 30 April 1970 determining the rules of medical deontology, Leganet.cd. (in French)
- ^ Memorandum no. 04/SPCSM/CFLS/EER/2018 of 6 April 2018 regarding the execution of the provisions of article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, Official Journal of the Democratic Republic of the Congo, 5 June 2008. (in French)
- ^ The total criminalization of abortion in the Dominican Republic, Human Rights Watch, 19 November 2018.
- ^ Penal code of the Democratic Republic of Timor Leste, Global Abortion Policies Database, World Health Organization.
- ^ Jump up to: a b Penal Code, Court of Appeals of East Timor, March 2010 (in Portuguese).
- ^ Attitudes towards the legal context of unsafe abortion in Timor-Leste, Suzanne Belton, Andrea Whittaker, Zulmira Fonseca, Tanya Wells-Brown, and Patricia Pais, Reproductive Health Matters 17(34):55-64, November 2009.
- ^ Jump up to: a b Ecuador abortion: Terminations in cases of rape decriminalised, BBC News, 29 April 2021.
- ^ Act on the autonomy of Åland, Finlex, May 2014.
- ^ Law no. 2001-588 of 4 July 2011 regarding voluntary interruption of pregnancy and contraception, Légifrance. (in French)
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- ^ Honduras ratifies a reform that prohibits abortion and same-sex marriage, El Periódico Extremadura, 29 January 2021 (in Spanish).
- ^ Abortion in Iranian Legal System, Mahmoud Abbasi, Ehsan Shamsi Gooshki, and Neda Allahbedashti, Iranian Journal of Allergy, Asthma and Immunology, vol. 13, no. 1, February 2014.
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- ^ Law no. 2019-574 carrying the Penal Code, Official Journal of the Republic of Ivory Coast, 10 July 2019. (in French)
- ^ Jump up to: a b Offences Against the Person Act, Ministry of Justice of Jamaica, 7 April 2014.
- ^ Jump up to: a b Abortion Policy Review Advisory Group Final Report, Ministry of Health of Jamaica, 19 February 2007.
- ^ Jump up to: a b Abortion 'right'?, The Gleaner, 25 August 2013.
- ^ Jump up to: a b Abortion attitudes, training, and experience among medical students in Jamaica, West Indies, Glenmarie Matthews, Jessica Atrio, Horace Fletcher, Nathalie Medley, Leo Walker, and Nerys Benfield, Contraceptive and Reproductive Medicine, 1 May 2020.
- ^ Abortion in Kosovo, an almost impossible mission, Kosovox, 1 July 2017. (in French)
- ^ Lao People's Democratic Republic, United Nations, 2002.
- ^ Penal Code, Lao Official Gazette, 17 May 2017. (in Lao)
- ^ Situation of abortion in the Lao People's Democratic Republic, World Health Organization, 2017.
- ^ Malta does allow for abortions in case of life or death situations, The Malta Independent, 5 May 2013.
- ^ Abortions carried out in certain circumstances in Malta, The Malta Independent, 16 December 2018.
- ^ Aborto legal, Andar. (in Spanish)
- ^ Jump up to: a b c d Abortion in Mexico: the Supreme Court decriminalizes the voluntary interruption of pregnancy in a historic ruling for the country, BBC, 7 September 2021. "The ruling only obligates Coahuila to modify its penal code in this regard. Therefore, it does not imply that abortion is now legal in all of Mexico, nor that the decriminalization affects all states automatically or that they are obligated to change their local legislation." (in Spanish)
- ^ Jump up to: a b c d Mexico decriminalizes abortion: what will happen now in the states of the country?, El País, 8 September 2021. "They will be able to, thus, continue sending to court the women who abort outside of the local norms, but the judicial process will not allow them to enter jail." "It is possible that there are still judges who dictate jail for some women, and this would force them to sue in local and federal processes first and then apply for an amparo before a district judge. This one would have to follow, finally, the judicial precedent." (in Spanish)
- ^ Decree number 728, Official Journal of the State of Hidalgo, 6 July 2021 (in Spanish).
- ^ Decree number 857, Official Gazette of the State of Veracruz, 20 July 2021 (in Spanish).
- ^ Abortion permit for hospital in Bonaire, Dutch Caribbean Legal Portal, 16 June 2012.
- ^ Termination of pregnancy law, Government of the Netherlands, 19 March 2020. (in Dutch)
- ^ Abortion legislation: information for health practitioners, Ministry of Health of New Zealand, 26 June 2020.
- ^ "The Right to Abortion in north Cyprus: Social-cultural, religious and legal aspects - Εντροπία".
- ^ Regulation on interruption of pregnancy (abortion regulation), Lovdata, 10 May 2013. (in Norwegian)
- ^ Jump up to: a b Law of 7 January 1993 on family planning, protection of the human fetus and conditions of admissibility of interruption of pregnancy, Internet System of Legal Acts, Sejm of the Republic of Poland (in Polish).
- ^ Jump up to: a b South Korean court strikes down decades-old abortion ban, National Public Radio, 12 April 2019.
- ^ From Poland to South Korea: 9 abortion rights hotspots in 2021, Thomson Reuters, 31 December 2020.
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- ^ Abortion policy in the absence of Roe, Guttmacher Institute, 1 September 2021.
- ^ Jump up to: a b 87(R) SB 8, Texas Legislature, 2021.
- ^ Jump up to: a b Abortion clinics in Texas are turning women away after SCOTUS upholds new law, National Public Radio, 2 September 2021.
- ^ Jump up to: a b Desperation, 'crisis' at Planned Parenthood clinic under new Texas abortion law, ABC News, 4 September 2021.
- ^ SB149, Arkansas General Assembly, 2019.
- ^ SB6, Arkansas General Assembly, 2021.
- ^ S1385, Idaho Legislature, 2020.
- ^ HB148, Kentucky General Assembly, 2019.
- ^ Human Life Protection Act, RS 40:1061, Louisiana State Legislature.
- ^ HB126, Missouri General Assembly, 2019.
- ^ Gov. Lujan Grisham signs Senate Bill 10, repealing 1969 abortion ban, KOB, 26 February 2021.
- ^ HB 1466, North Dakota Legislative Assembly, 2007.
- ^ Chapter 187, South Dakota Legislature, 2005.
- ^ SB1257, Tennessee General Assembly, 2019.
- ^ Durkee, Alison (2 June 2021). "Texas City Cleared To Become Anti-Abortion 'Sanctuary City' As Federal Judge Dismisses Planned Parenthood Challenge". Forbes.
- ^ SB174, Utah State Legislature, 2020.
- ^ Law on the sources of law, Acta Apostolicae Sedis, Supplement for the laws and provisions of Vatican City State, 1 October 2008. (in Italian)
- ^ Title VI. Delicts against human life and freedom, Code of Canon Law, Holy See.
- ^ Penal code for the Kingdom of Italy, 1889, University of Brescia College of Law. (in Italian)
- ^ Report to His Majesty the King from the Minister Keeper of the Seals (Zanardelli) at the hearing of 30 June 1889 for the approval of the final text of the penal code, pp. 145–146. "On the agreed proposal of the parliamentary commissions, the provision that was read in the bill, according to which it was declared 'not punishable the doctor or surgeon, when he justifies having acted in order to save the woman's life, endangered by the pregnancy or by childbirth', was deleted"; "The vote expressed in agreement in parliament led me to the aforesaid deletion, not to exclude the application of the concept that was expressed there, but because it was superfluous and inappropriate to declare it, providing if needed article 49 number 3, the application of which would be only, and without reason, restricted." (in Italian)
- ^ Criminal abortion in the Italian penal code, Pasquale Tuozzi, Filippo Serafini Legal Archive, 1902, vol. 10, no. 3, p. 29. "However, if you want to search for a provision in our code that covers the surgeon, in addition to article 45, in which the aforesaid reason is rooted, there is also number 3 of article 49, where it is declared the nonresponsibility of one who acts compelled by the need to save himself or others from a serious and imminent danger to the person, to which he did not voluntarily give cause, and which he could not otherwise avoid. Well, these extremes of the state of necessity all apply in the case of the surgeon, who, put in the harsh condition, not created by him, extinguishes an imperfect and perhaps uncertain existence, to save a certain and real existence, which is that of the woman in childbirth." (in Italian)
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- ^ Jump up to: a b c Abortions are legal in Guam, but doctors won't perform them, Associated Press, 7 June 2019. "The other U.S. territories in the Pacific – American Samoa and the Northern Mariana Islands – both prohibit abortions except in very limited circumstances."
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- ^ Jump up to: a b Safe illegal abortion: an inter-island study in the northeast Caribbean, Gail Pheterson and Yamila Azize, c. 2005.
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- ^ Jump up to: a b Why 'restrictive' abortion laws still exist in the Faroe Islands, Nordpolitik, 23 November 2019.
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- ^ "Penal Code" (PDF). Government of Montserrat. 2008. Archived from the original (PDF) on 22 December 2018.
- ^ Jump up to: a b Attorney General Opinion, Commonwealth Law Revision Commission, 10 March 1995.
- ^ Health clinics performing abortions?, Saipan Tribune, 25 May 2000.
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- ^ Jump up to: a b Penal Code of Puerto Rico of 2012, with amendments up to 4 August 2020, Government of Puerto Rico. (in Spanish)
- ^ El Pueblo de Puerto Rico v. Pablo Duarte Mendoza, Decisiones de Puerto Rico, 17 April 1980. (in Spanish)
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- ^ Jenkins, Philip (11 May 2007). God's continent: Christianity, Islam, and Europe's religious crisis. Oxford University Press. p. 91. ISBN 978-0-19-531395-6. Retrieved 30 December 2011.
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- ^ Neil F. Sharpe; Ronald F. Carter (January 30, 2006). Genetic testing: care, consent, and liability. John Wiley and Sons. p. 206. ISBN 978-0-471-64987-8. Retrieved November 28, 2011.
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- ^ 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".[190]
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- ^ Sentencia C-355/06 (Constitutional Court 10 May 2006).
- ^ Adriana Lamačková: Women’s Rights in the Abortion Decision of the Slovak Constitutional Court, 2014
- ^ Nepal Supreme Court: Abortion Is a Right, 3 January 2011
- ^ Dominican Republic Constitutional Court Repeals Abortion Law, 12 April 2015
- ^ "El Tribunal Constitucional de Chile da luz verde a la despenalización del aborto en tres causales en histórica decisión". BBC Mundo. 2017-08-21. Retrieved 2017-08-21.
- ^ "Ne prihvaćaju se prijedlozi za ocjenu ustavnosti TZV. Zakona o pobačaju".
- ^ High Court Rules Abortion Remains Illegal In Kenya, 13 June 2019
- ^ Colombia's Constitutional Court rules against legalizing abortion in first 16 weeks of pregnancy, 3 March 2020
- Abortion Laws of the World. (n.d.). Annual Review of Population Law. Retrieved July 14, 2006.
- Appel, JM (2005). "Judicial diagnosis 'conscience' vs. care how refusal clauses are reshaping the rights revolution". Med Health R I. 88 (8): 279–81. PMID 16273974.
- Rahman, Anika; Katzive, Laura; Henshaw, Stanley K (1998). "A Global Review of Laws on Induced Abortion, 1985–1997". International Family Planning Perspectives. 24 (2): 56–64. doi:10.2307/2991926. JSTOR 2991926. PMID 14627052.
- United Nations Population Division. (2002). Abortion Policies: A Global Review. Retrieved July 14, 2006.
- IPPF European Network. (2004). Abortion Legislation in Europe. Retrieved October 27, 2006.
- Center for Reproductive Rights. (2005). law sidebars10.pdf Abortion and the Law: Ten Years of Reform. Retrieved November 22, 2006. (archived from the original[permanent dead link] on 2009-03-27)
- The Pew Forum on Religion & Public Life. (November 2006). Abortion Laws Around The World. Retrieved April 18, 2007.
- Europe's Abortion Laws. (February 12, 2007). BBC News. Retrieved February 12, 2007.
- United Nations Population Division. (2007). World Abortion Policies 2007. Retrieved October 3, 2007.
- Pollitt, Katha. Pro: Reclaiming Abortion Rights. Picador, 2015.
External links[]
- The World's Abortion Laws interactive website of the Center for Reproductive Rights
- The World's Abortion Laws downloadable wallchart, Center for Reproductive Rights
- Pregnant Pause: Summary of Abortion Laws Around the World
- Laws on Abortion in the Second Trimesters, The International Consortium for Medical Abortion (ICMA)
- Abortion: Judicial History and Legislative Response Congressional Research Service
- "Despite overall expansion in the legal grounds for abortion, Policies remain restrictive in many countries" (PDF). Population Facts. Population Division, United Nations Department of Economic and Social Affairs. 2014 (1). August 2014.
- Abortion law
- Sexual revolution