Abortion law

International status of abortion law, United Nations 2013 report.[1] In some cases, this map may not accurately depict the content of this article.
    Legal on request
    Restricted to cases of maternal life, mental health, health, rape, fetal defects, and/or socioeconomic factors
    Restricted to cases of maternal life, mental health, health, rape, and/or fetal defects
    Restricted to cases of maternal life, mental health, health, and/or rape
    Restricted to cases of maternal life, mental health, and/or health
    Restricted to cases of maternal life
    Illegal with no exceptions
    No information

Abortion law permits, prohibits, restricts, or otherwise regulates the availability of abortion. Abortion has been a controversial subject in many societies through history 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]

The number of abortions worldwide is declining due to increased access to contraception according to WHO.[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. Abortion laws vary widely by nation. Four countries in Latin America (Chile, Dominican Republic, El Salvador, and Nicaragua), in addition to Malta and Vatican City in Europe, ban the procedure entirely.[4]

History

Abortion has existed since ancient times, with natural abortifacients being found amongst a wide variety of tribal people and in all our written sources. Our earliest 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 19th century, many Western countries began to codify abortion law or place further restrictions on the practice. Anti-abortion groups 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 early 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] but in 1936 Joseph Stalin placed prohibitions on abortions, which restricted them to medically recommended cases only, in order to increase population growth.[10][11] 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.

The availability of contraceptives in the 1950s and 1960s in Western countries resulted in comparatively few changes in abortion law. In United Kingdom, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 24 weeks. Other countries soon followed, including Canada (1969), the United States (1973 in most states, pursuant to Roe v. Wade, the federal Supreme Court decision which legalized abortion nationwide), Tunisia (1973), Austria (1974), France (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 the former East Germany, a compromise was reached which deemed most abortions up to 12 weeks legal. In jurisdictions governed under sharia law, abortion after 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".[12] See also: Islam and abortion.

International law

There are no international or multinational treaties that deal directly with abortion, but human rights law touches on the issues.

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 is only legal in Cuba (1965) and Uruguay (2012).[13]

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.[14] K.L. received the compensation in 2016.[14] In the 2016 case of Mellet v Ireland the UN HRC found Irelands abortion laws violated International Covenant on Civil and Political Rights because Irish law banned abortion in cases of fatal foetal abnormalities.

National laws

While abortions are legal under certain conditions in most countries, these conditions vary widely. According to the United Nations publication World Abortion Policies 2011,[15] abortion is allowed in most countries (97 percent) in order to save a woman's life. Other commonly-accepted reasons are preserving physical (67 percent) or mental health (63 percent). Abortion in the case of rape or incest is accepted in about half of all countries (49 percent), and performing them because of economic or social reasons in about a third (34 percent). Performing abortion only on the basis of a woman's request is allowed in 29 percent of all countries, including in North America and in most European countries.

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.[16][17] How strictly all of the procedures dictated in the legislature are followed in practice is another matter. For example, in the United Kingdom 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.[18]

The effect of national laws as of 2011 for each of the 193 member states of the United Nations and two non-member States (Vatican City and Niue) is listed in the U.N. World Abortion Policies 2011[15] report, and summarized in the following table. The publication includes information on national estimates of abortion rate, fertility rate, maternal mortality ratio, levels of contraceptive use, unmet need for family planning, and government support for family planning, as well as regional estimates of unsafe abortion.

Legal grounds on which abortion is permitted (2013)[1][lower-alpha 1]
Category
code		 Count WL[lower-alpha 2] PH[lower-alpha 3] MH[lower-alpha 4] RI[lower-alpha 5] FI[lower-alpha 6] ES[lower-alpha 7] OR[lower-alpha 8] Region Countries or areas
7F1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY East Africa Mozambique[19]
7C3Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN East Africa Eritrea, Ethiopia, Seychelles
761Green tickYGreen tickYGreen tickYRed XNGreen tickYGreen tickYRed XN East Africa Zambia
706Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN East Africa Burundi, Comoros, Kenya, Rwanda, Tanzania, Uganda
6C1Green tickYGreen tickYRed XNGreen tickYGreen tickYRed XNRed XN East Africa Zimbabwe
405Green tickYRed XNRed XNRed XNRed XNRed XNRed XN East Africa Djibouti, Madagascar, Malawi, Mauritius, Somalia
401Green tickYRed XNRed XNRed XNRed XNRed XNRed XN East Africa South Sudan[lower-alpha 9]
781Green tickYGreen tickYGreen tickYGreen tickYRed XNRed XNRed XN Central Africa Cameroon
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Central Africa Equatorial Guinea
641Green tickYGreen tickYRed XNRed XNGreen tickYRed XNRed XN Central Africa Chad
406Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Central Africa Angola, Central African Republic, Republic of the Congo, Democratic Republic of the Congo, Gabon, São Tomé and Príncipe
7F1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY North Africa Tunisia
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN North Africa Morocco[21]
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN North Africa Algeria
4C1Green tickYRed XNRed XNGreen tickYGreen tickYRed XNRed XN North Africa Sudan
402Green tickYRed XNRed XNRed XNRed XNRed XNRed XN North Africa Egypt, Libya
7F1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Southern Africa South Africa
7C3Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Southern Africa Botswana, Namibia, Swaziland
401Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Southern Africa Lesotho
7F1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY West Africa Cape Verde
7C5Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN West Africa Benin, Burkina Faso, Ghana, Guinea, Liberia
703Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN West Africa Gambia, Nigeria, Sierra Leone
481Green tickYRed XNRed XNGreen tickYRed XNRed XNRed XN West Africa Mali
6C1Green tickYGreen tickYRed XNGreen tickYGreen tickYRed XNRed XN West Africa Togo
405Green tickYRed XNRed XNRed XNRed XNRed XNRed XN West Africa Côte d’Ivoire, Guinea-Bissau, Mauritania, Niger, Senegal
7F3Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY East Asia China, North Korea, Mongolia
7C2Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN East Asia South Korea, Taiwan[22]
6A1Green tickYGreen tickYRed XNGreen tickYRed XNGreen tickYRed XN East Asia Japan
7F6Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY South Asia Kazakhstan, Kyrgyzstan, Nepal, Tajikistan, Turkmenistan, Uzbekistan
7E1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XN South Asia India
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN South Asia Pakistan
601Green tickYGreen tickYRed XNRed XNRed XNRed XNRed XN South Asia Maldives
581Green tickYRed XNGreen tickYGreen tickYRed XNRed XNRed XN South Asia Bhutan
404Green tickYRed XNRed XNRed XNRed XNRed XNRed XN South Asia Afghanistan, Bangladesh, Iran, Sri Lanka
7F3Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Southeast Asia Cambodia, Singapore, Vietnam
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Southeast Asia Thailand
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Southeast Asia Malaysia
4C1Green tickYRed XNRed XNGreen tickYGreen tickYRed XNRed XN Southeast Asia Indonesia[23][24]
601Green tickYGreen tickYRed XNRed XNRed XNRed XNRed XN Southeast Asia Laos
404Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Southeast Asia Brunei Darussalam, East Timor, Myanmar, Philippines
7F5Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Western Asia Armenia, Azerbaijan, Bahrain, Georgia, Turkey
7C2Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Western Asia Cyprus. Israel
742Green tickYGreen tickYGreen tickYRed XNGreen tickYRed XNRed XN Western Asia Jordan, Kuwait
703Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Western Asia Qatar, Saudi Arabia, United Arab Emirates
442Green tickYRed XNRed XNRed XNGreen tickYRed XNRed XN Western Asia Oman, Palestine[25]
404Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Western Asia Iraq, Lebanon, Syria, Yemen
7F9Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Eastern Europe Belarus, Bulgaria, Czech Republic, Hungary, Moldova, Romania, Russian Federation, Slovakia, Ukraine
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Eastern Europe Poland
7F6Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Northern Europe Denmark, Estonia, Latvia, Lithuania, Norway, Sweden
7E2Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XN Northern Europe Finland, Iceland
761Green tickYGreen tickYGreen tickYRed XNGreen tickYGreen tickYRed XN Northern Europe United Kingdom
401Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Northern Europe Republic of Ireland
7F12Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Southern Europe Albania, Bosnia and Herzegovina, Croatia, Greece, Italy, Kosovo,[26] Montenegro, Portugal, Serbia, Slovenia, Spain, Republic of Macedonia
402Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Southern Europe Andorra, San Marino
002Red XNRed XNRed XNRed XNRed XNRed XNRed XN Southern Europe Holy See, Malta
7F7Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Western Europe Austria, Belgium, France, Germany, Luxembourg, Netherlands, Switzerland
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Western Europe Liechtenstein
4C1Green tickYRed XNRed XNGreen tickYGreen tickYRed XNRed XN Western Europe Monaco
7F1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY Caribbean Cuba
7E2Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XN Caribbean Barbados, St. Vincent and the Grenadines
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Caribbean Bahamas
782Green tickYGreen tickYGreen tickYGreen tickYRed XNRed XNRed XN Caribbean Saint Kitts and Nevis, Saint Lucia
703Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Caribbean Grenada, Jamaica, Trinidad and Tobago
403Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Caribbean Antigua and Barbuda, Dominica, Haiti
001Red XNRed XNRed XNRed XNRed XNRed XNRed XN Caribbean Dominican Republic
761Green tickYGreen tickYGreen tickYRed XNGreen tickYGreen tickYRed XN Central America Belize
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Central America Costa Rica
4C1Green tickYRed XNRed XNGreen tickYGreen tickYRed XNRed XN Central America Panama
402Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Central America Guatemala, Honduras
002Red XNRed XNRed XNRed XNRed XNRed XNRed XN Central America El Salvador, Nicaragua
7F2Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY South America Guyana, Uruguay
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN South America Colombia
781Green tickYGreen tickYGreen tickYGreen tickYRed XNRed XNRed XN South America Bolivia
702Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN South America Ecuador, Peru
601Green tickYGreen tickYRed XNRed XNRed XNRed XNRed XN South America Argentina
481Green tickYRed XNRed XNGreen tickYRed XNRed XNRed XN South America Brazil
403Green tickYRed XNRed XNRed XNRed XNRed XNRed XN South America Paraguay, Suriname, Venezuela
001Red XNRed XNRed XNRed XNRed XNRed XNRed XN South America Chile
7F2Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY North America Canada, United States
7F1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickY North America Mexico
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XN Australasia Australia
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Australasia New Zealand
7C1Green tickYGreen tickYGreen tickYGreen tickYGreen tickYRed XNRed XN Melanesia Fiji
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Melanesia Vanuatu
402Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Melanesia Papua New Guinea, Solomon Islands
701Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Micronesia Nauru
404Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Micronesia Federated States of Micronesia, Marshall Islands, Kiribati, Palau
781Green tickYGreen tickYGreen tickYGreen tickYRed XNRed XNRed XN Polynesia Cook Islands
702Green tickYGreen tickYGreen tickYRed XNRed XNRed XNRed XN Polynesia Niue, Samoa
402Green tickYRed XNRed XNRed XNRed XNRed XNRed XN Polynesia Tonga, Tuvalu
  1. ↑ The source cited in support of this table[1] contains additional information and/or clarifications regarding some listed countries.
  2. ↑ To save a woman's life
  3. ↑ To preserve a woman's physical health
  4. ↑ To preserve a woman's mental health
  5. ↑ In cases of rape or incest
  6. ↑ Because of foetal impairment
  7. ↑ For economic or social reasons
  8. ↑ On request
  9. ↑ the 2013 source cited in support of this table asserts, based on 2006 law, that abortion is not allowed in South Sudan to save the life of the mother,[1] However, the South Sudan Penal Code Act of 2008 added phraseology to articles 216 and 220 which allowed abortion in that case.[20]

Europe

Despite a wide variation in the restrictions under which it is permitted, abortion is legal in most European countries. The exceptions are micro-states where it is totally illegal (Vatican City and Malta), micro-states where it is mostly illegal and severely restricted (San Marino, Liechtenstein and Andorra) and both the Republic of Ireland and Northern Ireland (the latter being part of the United Kingdom), where great prohibitions on abortion exist.[27][28] The other states with existent, but less severe restrictions are Finland, Poland, Iceland, Monaco and the United Kingdom (excepting Northern Ireland). All the remaining states make abortion legal on request. Although nearly every European country makes abortion available on demand 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.[29] Restrictions on abortion are most stringent in countries that are more strongly observant of the Catholic faith.[27]

European Union

Most countries in the European Union allow abortion on demand during the first trimester. After the first trimester, abortion is 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.[30]

It should be noted that the access to an 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. For instance, in parts 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 other conservative areas it is difficult to have a legal abortion even in the early stages of the pregnancy due to the policy of conscientious objection, under which doctors are allowed to refuse to perform an abortion if it is against their moral or religious convictions.[31]

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.[32] (See Abortion in Malta).

In Italy abortion is legal, but, in the past years, it has become more and more difficult to access it, due to the rising number of objectors among doctors and nurses. Most women seeking abortions now resort to going abroad, paying a large price, or obtaining a clandestine abortion in unauthorized clinics.[33]

In Ireland abortion is illegal with the exception of cases where a woman's life is endangered by the continuation of her pregnancy (see Abortion in the Republic of Ireland). Andorra allows for abortions only when there is a threat to the woman's life.[34]

With the exception of Poland, Europe's formerly Communist countries have liberal abortion laws. Poland is a country with a strict abortion law. Abortion is allowed only in cases of risk to the life or health of the woman, when the pregnancy is a result of a criminal act (the criminal act has to be confirmed by a prosecutor), or when the fetus is seriously malformed. A doctor 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.

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.[31] Some countries differentiate between younger pregnant minors and older ones, with the latter not subjected to parental restrictions (for example under or above 16).[35]

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 travel to England to have abortions every year.[31]

Africa


As of 2015, an estimated 90% of women of childbearing age in Africa live in countries with restrictive abortion laws. Even where the law allows abortion under limited circumstances, it is likely that few women in these countries are able to navigate the processes required to obtain a safe, legal procedure. Abortion is not permitted for any reason in 11 out of 54 African countries. Five countries in Africa have relatively liberal abortion laws: Zambia permits abortion on socioeconomic grounds, and Cape Verde, Mozambique, South Africa and Tunisia allow pregnancy termination without restriction as to reason, but with gestational limits.[36]

Exceptions in abortion law

There are a few common exceptions sometimes found in legal domains where abortion is generally forbidden. 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, the Republic of Ireland allows abortion only to save the life of the mother, whereas pro-lifers in the United States argue health exceptions are used so broadly as to render a ban essentially meaningless.[37]

Some doctors believe the mothers who are terminally ill with disease or cancer that can possibly eventually kill the mother before she can carry the baby to term. Some diseases and cancer can be very damaging to the fetus and the mother in the process of the pregnancy. Some of the illness can prevent the fetus develop properly or not be able to develop at all. If the mother is going through the radiation or chemotherapy while pregnant, it can be very harmful to the fetus in the process. There are some aggressive cancer and diseases that can potentially kill the mother and fetus before they can survive the entire pregnancy. The doctors usually recommend abortion if they believe the mother should not risk their health or their fetus’s health during the treatment or during the illness.


Laws allowing abortion in cases of rape or incest often go together. 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.[38]

Many 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.

Case law

Australia

Canada

Germany

Ireland

South Africa

United States

European Court of Human Rights

See also

Notes

  1. 1 2 3 4 World Abortion Policies 2013 (archived from the original on 2016-04-15)
  2. 1 2 "Abortion Rates Similar In Countries That Legalize, Prohibit Procedure, Study Says - News - I.C.M.A.".
  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. ↑ Abortion Policies: A Global Review, UN
  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. ↑ Heer, David, "Abortion, Contraception, and Population Policy in the Soviet Union" Demography 2 (1965): 531-39.
  11. ↑ Alexandre Avdeev, Alain Blum, and Irina Troitskaya. "The History of Abortion Statistics in Russia and the USSR from 1900 to 1991." Population (English Edition) 7, (1995), 42.
  12. ↑ Campo, Juan Eduardo (2009). Encyclopedia of Islam. Infobase Publishing. p. 7. ISBN 978-1-4381-2696-8.
  13. ↑ "En Uruguay, le Parlement vote la dépénalisation de l'avortement". 17 October 2012 – via Le Monde.
  14. 1 2 "United Nations Committee Affirms Abortion as a Human Right". The Huffington Post. 25 January 2016.
  15. 1 2 "World Abortion Policies 2011" (PDF). United Nations Department of Economic and Social Affairs, Population Division. Retrieved 1 July 2013.
  16. ↑ "Abortion Act 1967". Legislation.gov.uk. Retrieved 17 July 2012.
  17. ↑ "Laki raskauden keskeyttämisestä 24.3.1970/239". Finlex. Retrieved 17 July 2012.
  18. ↑ "Findings of termination of pregnancy inspections published". Care Quality Commission. Retrieved 17 July 2012.
  19. ↑ Moftah, Lora (19 December 2014). "Mozambique Legalizes Abortion: President Signs Law Seeking To Curb High Maternal Mortality Rate". International Business Times. Retrieved 19 December 2016. The new law signed by Guebuza Thursday will ease abortion regulations in the country, allowing women to electively terminate their pregnancies during the first 12 weeks, except in the case of rape, which would extend the legal period to 16 weeks.Durr, Benjamin (26 January 2015). "Mozambique loosens anti-abortion laws". Al Jazeera. Retrieved 19 December 2016.
  20. ↑ "ACTS SUPPLEMENT No. 1" (PDF). The Southern Sudan Gazette No. 1. Ministry Legal Affairs and Constitutional Development, Government of South Sudan. February 10, 2009.
  21. ↑ Miller, Bryn (June 10, 2016). "Morocco Liberalizes Abortion Laws, Amends Penal Code". Morocco World News. Retrieved November 3, 2016. Yesterday’s reform amended the law to allow abortion in cases of incest, rape, and birth defects.
  22. ↑ "Termination of Pregnancy and Abortion in Taiwan - Taiwan - Angloinfo".
  23. ↑ "Safe abortion in Indonesia: a matter of law". Simavi. 2 December 2015. Retrieved 6 November 2016. Abortion is legal when there is fetal impairment or when the mother is a victim of rape.
  24. ↑ Putri Sundawa, Shela (August 24, 2014). "Why Indonesia should legalize abortion". The Jakarta Post. Retrieved November 6, 2016. Abortion in Indonesia remains prohibited in most cases, unless the mother's life is in danger or in the case of rape.
  25. ↑ Taha, Sabreen (8 March 2016). "For Palestinian women, abortion can mean lies, jail or worse". Reuters. Retrieved 19 December 2016. According to the Palestinian Health Ministry, doctors are permitted to perform abortions only when pregnancy endangers the mother's life, but not if it is a peril to her mental health. When fetal impairment is detected, an abortion can be performed if both parents consent, but terminating a pregnancy that resulted from rape or incest is banned, the ministry said.
  26. ↑ Gjocaj, Shqipe (14 April 2016). "Women: Kosovo’s powerless reproductive force". pi.com. Prishtina Insight. Despite abortion being legal up to the tenth week of pregnancy, girls and women do not have access to sexual education
  27. 1 2 Ostergren, Robert C.; Le Bossé, Mathias (7 March 2011). The Europeans: A Geography of People, Culture, and Environment. Guilford Press. p. 203. ISBN 978-1-59385-384-6. Retrieved 30 December 2011.
  28. ↑ Kelly, Jon (2016-04-08). "Why are Northern Ireland's abortion laws different to the rest of the UK?". BBC News.
  29. ↑ 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.
  30. ↑ "1973 Danish abortion law Lovitidende for Kongeriget Danmark". Harvard Law. Retrieved 2013-07-02.
  31. 1 2 3 "Abortion legislation in Europe" (PDF). International Planned Parenthood Federation. January 2007. Archived from the original (PDF) on March 13, 2013. Retrieved 7 October 2012.
  32. ↑ "Malta now only EU country without life-saving abortion law". Malta Independent. Retrieved 14 November 2016.
  33. ↑ "Torna L'aborto Clandestino". 31 May 2003.
  34. ↑ "Memorandum on the PACE Report - Women's Access to Lawful Medical Care: The Problem of Unregulated Use of Conscientious Objection" (PDF). European Centre for Law and Justice. 20 July 2010. Retrieved 2013-07-02.
  35. ↑ https://www.womenonwaves.org/en/page/6049/serbia--abortion-law
  36. ↑ "Abortion in Africa". 10 May 2016.
  37. ↑ "'Health' of the Mother". Newsweek. October 15, 2008
  38. ↑ "States probe limits of abortion policy". Stateline. June 22, 2006.

References

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