Abortion Laws in Different Countries

SUBMITTED BY-
ARUSHI SINGH (BFT/21/466)
BHAVYA ARORA (BD/21/655)
HARDIK BADHWAR (BFT/21/503)
SHIRSHA DAS (BFT/21/554)
SUBMITTED TO-
DR. INDRANIL SAHA
(Asst. Professor, NIFT Bhubaneswar)
SUBJECT-
CULTURAL ANTHROPOLOGY
TABLE OF CONTENTS

S. No. Topic Page No.

1 What Is Abortion 1
2 Is Abortion Safe 2
3 Is Abortion Legal? 3
4 Abstract 3
5 Introduction 4-5
6 Abortion Law as A Political Football and a 6
Weapon Against Women.
7 The Law on Abortion in Countries Today. 7-13
7.1 North America 8
7.2 Latin America 9
7.3 Eastern and Western Europe 9-10
7.4 Africa 11
7.5 Middle East 11-12
7.6 Asia 12-13
8 Conclusion 14
9 References 15
LIST OF FIGURES

Fig. No Figure Description Page No.

1 What is abortion 1

2 Abortion is safe 2

3 Restrictive abortion laws in different countries 4

4 Keep abortion legal 5

1. What Is Abortion?
Abortion is the termination of a pregnancy so that a child is not born. It is also known as
"pregnancy termination." Abortions can occur spontaneously, which is known as a miscarriage,
or they can be induced through medical or surgical procedures.

There are various reasons why a woman might choose to have an abortion, including health
concerns, fetal abnormalities, unplanned pregnancies, or personal and socioeconomic factors.
The legality and accessibility of abortion services vary widely around the world, and public
opinion on the matter can be diverse and complex.

Figure No.1: What is abortion. (Source:

https://www.health.com/thmb/IT_EOw3S5af9nHIS_kLgIp_2u1s=/2000x0/filters:
no_upscale():max_bytes(150000):strip_icc()/patient-GettyImages-1309074515-
f0897a904c594a36859cc4caa5f7a029.jpg)

1
2. Is Abortion Safe?

The procedure employed, the qualifications of the physician, and the gestational age of the
pregnancy all influence the safety of abortion. Abortion is usually regarded as a safe medical
treatment when conducted by skilled healthcare professionals in a legal and regulated setting.

Medications such as mifepristone and misoprostol, as well as surgical methods such as suction
or aspiration abortions, are widely utilised early in pregnancy. When provided by trained
healthcare personnel, these methods are generally safe and have a low risk of consequences.
More difficult surgical treatments may be required later in pregnancy, and the risks may
increase.

Figure No.2: Abortion is safe. Source:

(https://images.hindustantimes.com/img/2022/10/01/550x309/shutterstoc
k_2124579659_1664595996394_1664596023004_1664596023004.jpg)

Illegal or self-induced abortions, often known as unsafe abortions, pose considerable dangers
to a woman's health and can result in serious complications or even death. It is critical to have
access to safe and legal abortion services in order to reduce the health risks connected with the
surgery.

2
3. Is Abortion Legal?

Abortion laws vary greatly over the world, and they can be impacted by cultural, religious,
political, and social reasons. Abortion is lawful in some nations under certain conditions, such
as to preserve the woman's health, in cases of rape or incest, or when the foetus has serious
abnormalities. Abortion may be allowed in some regions with no limitations, and in others, it
may be severely restricted or outlawed in almost all instances.

Even in states where abortion is allowed, the particular rules and laws vary. There may be
gestational constraints on when abortions can be performed, as well as obligatory waiting
periods or counselling requirements.

4. ABSTRACT

The main goal of this paper is to offer a comprehensive overview of abortion laws and policies
worldwide, incorporating a diverse range of examples from various countries. It underscores
the complexity and lack of coherence in existing abortion laws and restrictions, arguing that
these intricacies fail to align with either legal or public health principles. The fundamental
assertion is that the key to ensuring safe abortion is straightforward and undeniable—making
it available upon a woman's request and ensuring universal affordability and accessibility.

From this standpoint, it is argued that few existing laws effectively serve their intended
purpose. However, the journey toward legal reform is acknowledged as arduous and lengthy.
Advocates seeking to establish the right to safe abortion are encouraged to delve into the
political, health system, legal, juridical, and socio-cultural aspects shaping current laws and
policies in their respective countries. This involves a careful consideration of the type of legal
framework that aligns with their objectives, if any.

Undoubtedly, the primary challenge lies in determining the feasible milestones, garnering
substantial support, and collaboratively engaging with legal experts, parliamentarians, health
professionals, and women themselves. The ultimate aim is to bring about legal changes that
ensure every individual facing an unwanted pregnancy can access abortion services,
prioritizing both early intervention and the option for a later abortion when necessary.

3
 5. INTRODUCTION

The World Health Organization (WHO) estimates that approximately 22 million unsafe
abortions occur globally each year, with the overwhelming majority concentrated in developing
countries. The consequences of complications arising from unsafe abortions contribute to
maternal deaths and morbidities on a global scale, placing substantial strain on already limited
health system resources. The repercussions extend beyond the physical realm, encompassing
severe psychological and financial burdens for affected women.

Figure No.3: Restrictive abortion laws in different countries. Source:

(https://thehill.com/wp-
content/uploads/sites/2/2022/05/scotus_abortion_050422arl_lead.jpg?w=1280)

Various barriers impede access to safe abortion, operating at multiple levels. These encompass
the legal and policy landscape surrounding abortion, uneven distribution of accessible and
affordable abortion services, and a shortage of qualified healthcare providers capable of
delivering high-quality care. Socioeconomic conditions and pervasive stigma further
compound these challenges. A crucial factor influencing women's ability to seek care is their
awareness and perception of the legal status of abortion. This holds true in restrictive
environments as well as in countries with more liberal abortion laws. Even in jurisdictions
where abortion is legally permissible, women's lack of awareness regarding the specific legal
grounds may prevent them from accessing available services. Misinformation about abortion
laws not only affects how women navigate the healthcare system but also contributes to the

4
disparity between official legal frameworks and their practical implementation, impacting
women's access to safe and legal abortion services.

Both the awareness of women and healthcare providers regarding the legal status of abortion
serve as key indicators for measuring access to information, aligning with the WHO guideline
on safe abortion. While existing systematic reviews have explored healthcare providers'
attitudes and knowledge of abortion laws in specific countries, or their perspectives on
providing abortions, there appears to be a notable gap in synthesizing evidence on women's
knowledge of abortion laws. Consequently, our systematic review aims to address this critical
gap, focusing on providing a comprehensive synthesis of evidence and summarizing women's
awareness and knowledge in two primary domains: 1) women's awareness and knowledge of
the legal status of abortion in their respective countries, and 2) the accuracy of women's
knowledge regarding the specific legal grounds and restrictions outlined in their country's
abortion laws.

Figure No.4: Keep abortion legal. Source: (https://ourbodiesourselves.org/wp-

content/uploads/2016/05/safeandlegal.jpg)

5
 6. Abortion Law as a Political Football and a Weapon Against Women.

The global trajectory leans towards more progressive abortion laws, but certain countries,
particularly those where right-wing factions have gained power, have witnessed regressive
shifts. Take Chile, for instance, where the law permitted abortion on therapeutic grounds from
1931 to 1989. However, the dictator Pinochet, upon overthrowing the Allende government,
banned abortion in 1989, eliminating all legal grounds. It wasn't until 2016, during Michelle
Bachelet's second term, that a bill was introduced, allowing abortion under three specific
circumstances—saving the woman's life, cases of rape or sexual abuse, and instances of fatal
fetal anomaly. Though more restricted than the period from 1931 to 1989, supporters view these
as the best achievable grounds today.

In Russia, abortion laws have oscillated between permissive and restrictive with each change
in political leadership. Stalin initially prohibited abortion, and post-1945, it was again permitted
on broad grounds. However, under Vladimir Putin, a series of restrictions were imposed,
significantly limiting permissible abortion grounds. In 2016, a bill aiming to control
pharmaceutical drugs for pregnancy termination was proposed, seeking to ban retail sales, limit
authorized wholesale buyers, prohibit abortions in private clinics, and exclude abortion
coverage from state insurance policies unless the pregnancy threatened the woman's life. The
bill faced public opposition, coordinated by the Russian Association for Population and
Development, leading to its withdrawal. Nonetheless, the threat of further restrictions looms.

Several Central and Eastern European countries, influenced by conservative religious figures
and a backlash against communist rule, have made recurrent attempts to undermine permissive
abortion laws. Poland, in particular, experienced a shift from a liberal law in 1993 to a highly
restrictive one, removing "difficult living conditions" as a legal ground for abortion. Despite
attempts to ban all abortions in 2016, the law endures due to persistent activism, including a
national women's strike in October 2016. In November 2016, the government approved a
controversial regulation offering financial incentives to women carrying a seriously disabled
or unviable fetus, aiming to reduce legal abortions on grounds of fetal anomaly. This proposal
and systematic pressures on hospitals illustrate the extremism of the current anti-abortion
movement, primarily rooted in the United States, but women's resilience persists, and they
continue to seek and have abortions.

6
7. The Law on Abortion in Countries Today.

Laws criminalizing abortion are typically embedded in statutory legislation, passed by

legislative bodies, often forming part of criminal or penal codes that consolidate various
criminal statutes. Taking the UK as an example, abortion was initially criminalized under
sections 58 and 59 of the Offences against the Person Act of 1861. Further refinement occurred
with the Infant Life Preservation Act of 1929, and subsequent allowances on specific grounds
and conditions were introduced in Great Britain (excluding Northern Ireland) through the 1967
Abortion Act. This legislation was subsequently amended by the Human Fertilisation and
Embryology Act of 1990. Interestingly, while the 1967 Abortion Act established legal grounds
for abortion as exceptions to criminal law, the 1861 act remains in force and continues to be
utilized for prosecuting illegal abortions.

In the case of Ireland, a former part of the UK, the 1861 Offences against the Person Act was
only revoked in 2013 with the Protection of Life during Pregnancy Act. However, this Act
imposed its own nearly complete criminalization of abortion. Similarly, Sierra Leone, a former
British colony, repealed the 1861 Offences against the Person Act with the Safe Abortion Act
in 2015, allowing abortion on request within the first 12 weeks of pregnancy and up to week
24 in cases of rape, incest, or risk to the health of the fetus or the woman or girl. Despite
unanimous approval in February 2016, the act was not officially signed into law.

As the twentieth century drew to a close, 98% of countries worldwide legally permitted
abortion to save the life of the woman. The allowance for abortion on other grounds varied,
with percentages as follows: preservation of physical health (63%); preservation of mental
health (62%); cases of rape, sexual abuse, or incest (43%); fetal anomaly or impairment (39%);
economic or social reasons (33%); and on request (27%).

Regionally, the number of countries permitting abortion on specific grounds in 2002 exhibited
significant disparities. For instance, abortion on request was permitted in 65% of developed
countries but only in 14% of developing countries. Similarly, for economic and social reasons,
the figures were 75% for developed countries and 19% for developing countries. Some
countries allowed additional grounds for abortion, such as if the woman has HIV, is under 16
or over 40 years old, is unmarried, or has multiple children. A few even permitted abortion to
protect existing children or due to contraceptive failure.

7
While the presented percentages are based on 2002 data, they still offer a relevant snapshot as
of late 2017, when research updating global abortion laws and related policies, conducted under
the WHO's Department of Reproductive Health and Research/Human Reproductive
Programme, will be incorporated into the United Nations Population Division's website.

Here we have discussed how abortion is perceived in different parts of the world-

7.1 NORTH AMERICA

Canada

Since 1988, following the Supreme Court of Canada's declaration that prevailing abortion
restrictions were unconstitutional, the practice has been legally permissible for any reason and
at any point during pregnancy. While provincial health insurance plans generally cover the
expenses for abortions conducted in hospitals, funding for abortions carried out in independent
clinics is not consistently provided.

Mexico

Abortion in Mexico exhibit regional disparities, with varying regulations from state to state. In
certain states, abortion is permitted only under circumstances involving a threat to the mother's
life or physical well-being, potential foetal abnormalities, or instances of rape. Notably, in April
2007, Mexico City emerged as the first jurisdiction to legalize abortion during the initial 12
weeks of pregnancy (the first trimester). Despite legal challenges from the Roman Catholic
Church and abortion opponents, the new law was affirmed by the Supreme Court in August
2008. Subsequently, numerous women have reportedly travelled to the nation's capital to access
abortion services since the implementation of this legislative change.

8
7.2 LATIN AMERICA

Brazil

In Brazil, abortion is permissible solely under specific circumstances, such as cases of rape,
incest, or when the mother's life is at risk. According to federal regulations, hospitals mandate
a formal verification that a pregnancy stems from rape or incest before authorizing an abortion
procedure. To circumvent these restrictions, numerous women in Brazil resort to the illicit use
of the drug Cytotec to induce miscarriages. Government estimates suggest that over 200,000
Brazilian women end up hospitalized annually due to complications arising from unsafe and
poorly executed abortion attempts.

Columbia

Until May 2006, abortion in Colombia was prohibited under all circumstances. However, a
significant change occurred when the country's highest court ruled that the procedure could be
conducted when the mother's life or physical health was at risk, in cases of rape or incest, or in
pregnancies involving fatal or life-threatening fetal abnormalities. Despite facing strong
opposition from those against abortion, this ruling remains in effect. On August 25, 2006, the
first legal abortion took place, involving an 11-year-old girl who had been raped by her
stepfather. According to government statistics, over 300,000 illegal abortions are performed
annually in Colombia, making abortion the third leading cause of maternal mortality in the
country.

7.3 EASTERN AND WESTERN EUROPE

United Kingdom

9
Abortion is readily available in Great Britain, facilitated by a comprehensive interpretation of
the Abortion Act of 1967, which allows for abortion on various grounds when endorsed by two
physicians. Within the initial 24 weeks of pregnancy, permissible reasons include saving the
mother's life, safeguarding her physical or mental well-being, terminating pregnancies
involving foetal abnormalities, or for social and economic considerations. In cases where the
mother's life or health is "gravely threatened" or there is a substantial risk of fetal abnormality,
there is no specified time limit for performing an abortion. Presently, the British Parliament is
deliberating on legislation that could eliminate the requirement for approval from two doctors
before an abortion is carried out. Approximately 200,000 abortions are estimated to be
performed in Great Britain annually.

Germany

Despite a 1995 law criminalizing abortion, neither doctors nor women face prosecution if the
pregnancy results from rape, and the abortion is conducted within the initial 12 weeks of
conception. A comparable exemption applies in the first trimester for situations where the
mother, despite receiving counselling to encourage carrying the baby to term, still opts for an
abortion. Beyond the first trimester, abortion is permitted solely to safeguard the life or mental
and physical health of the mother. Typically, state insurance does not cover the procedure,
except in instances of demonstrated financial need.

Russia

Russia is reported to have the highest global number of annual abortions, surpassing the
country's live birth rate. Abortion is easily accessible within the initial 12 weeks of gestation,
and it remains available at any stage of pregnancy when there is a threat to the life or health of
the mother or in cases of severe foetal abnormalities. Additionally, since 2003, abortions have
been legally permitted between the 12th and 22nd weeks of pregnancy on specific social
grounds, such as situations involving imprisonment, rape, or the disability or death of a spouse.

10
7.4 AFRICA

South Africa

Since 1996, South Africa has permitted unrestricted access to abortion within the first trimester
of pregnancy. This is allowed if the mother's physical or mental health is at risk, if the
pregnancy poses challenges to the mother's social or economic circumstances, or if the
pregnancy resulted from rape or incest. Post the 20th week of pregnancy, abortion is still
available if the life of the mother or the health of the fetus is in jeopardy. In early 2008, the
South African Parliament voted to further relax abortion restrictions, introducing 24-hour
abortion facilities and extending the authority to perform the procedure to include not only
midwives and doctors but also nurses. However, as of President Thabo Mbeki's resignation in
September 2008, he had not yet signed the bill into law.

Nigeria

In Nigeria, abortion is legally permitted only when necessary to preserve the mother's life.
However, health specialists observe a significant number of procedures being conducted in
both the predominantly Christian South and the predominantly Muslim North. In 2008, the
Society of Gynaecology and Obstetrics of Nigeria disclosed that 11% of maternal deaths in the
country result from unsafe abortions.

7.5 MIDDLE EAST

Iran

Abortion has been prohibited in Iran since the 1979 Islamic Revolution. While there are no
explicit exceptions to this ban, Iranian law generally permits actions that are taken to save a
person's life. Therefore, it is commonly interpreted that abortion is illegal except when deemed

11
necessary to save the mother's life. In 2005, the Iranian parliament approved a proposal
allowing abortions during the first four months of pregnancy in cases of fetal impairment that
could lead to economic hardship. However, this measure was subsequently blocked by the
Iranian Guardian Council.

Israel

A 1977 law made abortion legal in Israel to save the mother’s life or to preserve her mental or
physical health. Abortion is also allowed in cases of rape, incest, or foetal impairment, as well
as in cases involving a wide range of difficult social circumstances. In 1979, those social
circumstances were eliminated as an explicit reason for abortion, but leniency within the law
still exists. For instance, being unmarried or being under the age of 17 or over the age of 40
constitutes a social circumstance in which an abortion is allowed. All abortions must be
authorized by a medical committee composed of a social worker and two physicians.

Turkey

In Turkey, a law enacted in 1983 renders abortion legal in all situations within the first 10 weeks
of pregnancy. Beyond this period, abortion remains legal if the mother's life is in jeopardy, if
her physical or mental health is at risk, or if her pregnancy involves fetal abnormalities.
Although there are requirements for parental and spousal consent, these can be waived in cases
where the risk to the mother's life poses an immediate danger.

7.6 ASIA

India

Abortion is accessible in India within the initial 20 weeks of pregnancy under various
circumstances. These include situations where the mother's life or physical or mental health is
in jeopardy, cases of rape or fetal abnormality, or for social and economic reasons. However,
12
for abortions between the 12th and 20th weeks of pregnancy, two medical practitioners must
concur that the procedure is necessary. In 1994, the Indian government banned the practice of
using prenatal testing to disclose the sex of the child to counteract sex-selective abortion of
female foetuses. Despite the prohibition, such abortions are still prevalent and are rarely
prosecuted.

Japan

Japan's Eugenic Protection Law, enacted in 1948, initially endorsed liberal policies on abortion
and sterilization aimed at promoting a genetically healthy population. However, in 1996, new
legislation was introduced that removed all references to eugenics and established regulations
permitting abortion within the first 24 weeks of pregnancy. Abortion is allowed in cases where
it is necessary to save the mother's life or protect her physical health. Additionally, abortions
are permitted in situations of rape or for economic and social reasons.

China

Abortion in China is widely accessible, with no specified time limits for the procedure. While
sex-selective abortion is officially prohibited, critics argue that China's one-child-per-family
policy encourages the prevalent abortion of female foetuses by couples desiring a son.
Presently, there is an estimated gender imbalance, with around 120 boys born for every 100
girls in China. Human-rights groups have long accused the Chinese government of endorsing
mandatory abortions as a means of population control. Although the practice is believed to be
less common today compared to the stricter enforcement of the one-child policy in the 1980s
and early 1990s, concerns persist regarding its impact on gender demographics and human
rights.

13
 CONCLUSION

In the labyrinth of convoluted abortion laws and restrictions, it becomes evident that the current
legal landscape lacks both sense and a focus on public health. The crux of ensuring safe
abortions lies in a simple and irrefutable principle—universal accessibility and affordability
based on a woman's request. Regrettably, existing laws often do little more than echo various
permutations of restrictive measures.

This paper seeks not to offer definitive answers or one-size-fits-all roadmaps, recognizing the
need to tailor solutions to the unique conditions prevailing in each country. Its primary
objective is to stimulate transformative thinking on the necessity of criminal laws regarding
abortion. Positioning abortion as essential healthcare marks a significant stride forward. In
cases where a legal framework is deemed necessary, advocates should strive to craft the
simplest and most supportive laws. This includes placing first-trimester abortion care at the
forefront, involving mid-level providers for second-trimester services, enhancing women's
awareness of available services and legal rights, striving for universal access, integrating
WHO-approved methods, and addressing social attitudes to mitigate opposition.

Abortion should be accessible upon the request of the individual who matters most—the
pregnant person. Much like all pregnancy care, abortion should be free at the point of care and
universally accessible from the early stages of pregnancy.

Canada's example demonstrates the feasibility and acceptability of abolishing criminal laws,
while Sweden showcases the potential elimination of post-18-week abortions with robust
services. The World Health Organization (WHO) provides evidence that first-trimester
abortions can be safely and effectively administered at the primary and community levels by
trained mid-level providers and pharmacy workers offering medical abortion pills.
Additionally, web- and phone-based telemedicine services are challenging the notion that
clinic-based services are indispensable for the safe provision of medical abortion pills.

Achieving these goals or something akin to them demands a potent and active national
coalition, substantial support, and, with fortune and clear objectives, perhaps less than a century
of campaigning to instigate tangible change. The lessons from Canada, Sweden, and the WHO
underscore that progress is attainable with perseverance, strategic advocacy, and a commitment
to comprehensive reform.

14
 REFERENCES

• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473035/
• https://www.pewresearch.org/religion/2008/09/30/abortion-laws-
around-the-world/

15