![Abortion Laws](https://upload.wikimedia.org/wikipedia/commons/a/a5/Abortion_Laws.svg)
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have
gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
,
incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
, or
socioeconomic reasons, and more for
fetal impairment or risk to the woman's
health
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
or
life
Life is a quality that distinguishes matter that has biological processes, such as signaling and self-sustaining processes, from that which does not, and is defined by the capacity for growth, reaction to stimuli, metabolism, energ ...
. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.
Abortion continues to be a
controversial subject in many societies on
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
,
moral
A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. A ...
, 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 a 2007 study conducted by the
Guttmacher Institute
The Guttmacher Institute is a research and policy NGO that aims to improve sexual and reproductive health and rights worldwide. This research organization was started in 1968 and works to study, educate, and advance sexual and reproductive health ...
and the
World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
, abortion rates are similar in countries where the procedure is legal and in countries where it is not,
due to unavailability of modern
contraceptive
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
s in areas where abortion is illegal. Also according to the study, the number of abortions worldwide is declining due to increased access to contraception.
History
Abortion has existed since ancient times, with natural
abortifacient
An abortifacient ("that which will cause a miscarriage" from Latin: ''abortus'' "miscarriage" and '' faciens'' "making") is a substance that induces abortion. This is a nonspecific term which may refer to any number of substances or medications, ...
s 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
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, and 1550 BC in
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
. Early texts contain little mention of abortion or abortion law. When it does appear, it is entailed in concerns about male
property rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically ...
, 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 law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
in
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, abortion was illegal anytime after
quickening
In pregnancy terms, quickening is the moment in pregnancy when the pregnant woman starts to feel the fetus' movement in the uterus.
Medical facts
The first natural sensation of quickening may feel like a light tapping or fluttering. These sensat ...
—when the movements of the
fetus
A fetus or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of development takes place. In human prenatal development, fetal deve ...
could first be felt by the woman. Under the
born alive rule
The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is " born alive". U.S. courts have overturned this rule, citing recent advances in science and me ...
, the fetus was not considered a "reasonable being" ''in rerum natura''; and abortion was not treated as
murder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the Intention in English law, intention to cause either death or serious injury unlawfully. ...
.
In the 19th century, many Western countries began to codify abortion laws or place further restrictions on the practice.
Anti-abortion movement
Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respon ...
s, 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
Henekh "Henry" Morgentaler, (March 19, 1923 – May 29, 2013), was a Polish-born Canadian physician and abortion rights advocate who fought numerous legal battles aimed at expanding abortion rights in Canada. As a Jewish youth during World War ...
, a Canadian
pro-choice
Abortion-rights movements, also referred to as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pre ...
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
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.
History
The Court wa ...
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
Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...
. 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
Liberalization or liberalisation (British English) is a broad term that refers to the practice of making laws, systems, or opinions less severe, usually in the sense of eliminating certain government regulations or restrictions. The term is used m ...
of existing laws.
By the first half of the 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
Vladimir Ilyich Ulyanov. ( 1870 – 21 January 1924), better known as Vladimir Lenin,. was a Russian revolutionary, politician, and political theorist. He served as the first and founding head of government of Soviet Russia from 1917 to 19 ...
, the
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
became the first modern state in legalizing abortions on request—the law was first introduced in the
Russian SFSR
The Russian Soviet Federative Socialist Republic, Russian SFSR or RSFSR ( rus, Российская Советская Федеративная Социалистическая Республика, Rossíyskaya Sovétskaya Federatívnaya Soci ...
in 1920, in the
Ukrainian SSR
The Ukrainian Soviet Socialist Republic ( uk, Украї́нська Радя́нська Соціалісти́чна Респу́бліка, ; russian: Украи́нская Сове́тская Социалисти́ческая Респ ...
in July 1921, and then in the whole country.
The
Bolsheviks
The Bolsheviks (russian: Большевики́, from большинство́ ''bol'shinstvó'', 'majority'),; derived from ''bol'shinstvó'' (большинство́), "majority", literally meaning "one of the majority". also known in English ...
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
Tsarist autocracy (russian: царское самодержавие, transcr. ''tsarskoye samoderzhaviye''), also called Tsarism, was a form of autocracy (later absolute monarchy) specific to the Grand Duchy of Moscow and its successor states ...
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
, date = October Revolution, 7 November 1917 – Yakut revolt, 16 June 1923{{Efn, The main phase ended on 25 October 1922. Revolt against the Bolsheviks continued Basmachi movement, in Central Asia and Tungus Republic, the Far East th ...
, 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. In 1936,
Joseph Stalin
Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secreta ...
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
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and the
Russian Civil War
, date = October Revolution, 7 November 1917 – Yakut revolt, 16 June 1923{{Efn, The main phase ended on 25 October 1922. Revolt against the Bolsheviks continued Basmachi movement, in Central Asia and Tungus Republic, the Far East th ...
.
[ In the 1930s, several countries (]Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
, Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
, Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
) legalized abortion in some special cases (pregnancy from rape
Pregnancy is a potential result of rape. It has been studied in the context of war, particularly as a tool for genocide, as well as other unrelated contexts, such as rape by a stranger, statutory rape, incest, and underage pregnancy. The curr ...
, threat to mother's health, fetal malformation). In Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, abortion was legalized in 1948 by the Eugenic Protection Law, amended in May 1949 to allow abortions for economic reasons. Abortion was legalized in 1952 in Yugoslavia
Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija ...
(on a limited basis), and again in 1955 in the Soviet Union on request. Some Soviet allies (Poland, Hungary
Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
, Bulgaria
Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
, Czechoslovakia
, rue, Чеськословеньско, , yi, טשעכאסלאוואקיי,
, common_name = Czechoslovakia
, life_span = 1918–19391945–1992
, p1 = Austria-Hungary
, image_p1 ...
, Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
) legalized abortion in the late 1950s under pressure from the Soviets.
In the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, 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
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
(1969), the United States (1973 in most states, pursuant to ''Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
''—the U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision which legalized abortion nationwide), Tunisia
)
, image_map = Tunisia location (orthographic projection).svg
, map_caption = Location of Tunisia in northern Africa
, image_map2 =
, capital = Tunis
, largest_city = capital
, ...
and Denmark (1973), Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
(1974), France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
and Sweden (1975), New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
(1977), Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
(1978), the Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
(1984), and Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
(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
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
's human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
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, but this law was struck down by the Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its in ...
and amended to only remove the punishment in such cases, without any statement to legality. In jurisdictions governed under sharia law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the Five Pillars of Islam, religious precepts of Islam and is based on the Islamic holy books, sacred scriptures o ...
, abortion after the 120th day from conception (19 weeks from LMP) is illegal, especially for those who follow the recommendations of the Hanafi
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named aft ...
legal school, while most jurists of the Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary ...
legal school "believe that ensoulment
In religion and philosophy, ensoulment is the moment at which a human or other being gains a soul. Some belief systems maintain that a soul is newly created within a developing child and others, especially in religions that believe in reincarnation ...
occurs at the moment of conception, and they tend to forbid abortion at any point imilar 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."
Timeline
The table below lists in chronological order the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
member states that have legalized abortion on request in at least some initial part of the pregnancy, or that have fully decriminalized abortion. As of October 2022, 66 countries have legalized or decriminalized abortion on request.
;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 Australia, Mexico, the United Kingdom and the United States). 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
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this t ...
, which may be different from the year when it was approved.
International law
There are no international or multinational treaties that deal directly with abortion but human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
and International criminal law
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrati ...
touch on the issues.
The Nuremberg Military Tribunal
The subsequent Nuremberg trials were a series of 12 military tribunals for war crimes against members of the leadership of Nazi Germany between December 1946 and April 1949. They followed the first and best-known Nuremberg trial before the Int ...
decided the case of '' United States v Greifelt and Others'' (1948) on the basis that abortion was a crime within its jurisdiction according to the law defining crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
and thus within its definition of murder and extermination.
The Catholic Church remains highly influential in Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
, and opposes the legalisation of abortion.[ The ]American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
, 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
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
(1965), Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
(2012), Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
(2021),[ ]Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
(2022)[ and in parts of ]Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
.[ Abortions are completely banned in the ]Dominican Republic
The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares wit ...
, El Salvador
El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
, Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
and Nicaragua
Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the cou ...
, and only allowed in certain restricted circumstances in most other Latin American nations.
In the 2010 case of ''A, B and C v Ireland
''A, B and C v Ireland'' is a landmark 2010 case of the European Court of Human Rights on the right to privacy under Article 8. The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated ...
'', the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
found that the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
did not include a right to an abortion.
In 2005, the United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...
(UN HRC) ordered Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = Seal (emblem), National seal
, national_motto = "Fi ...
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. K.L. received the compensation in 2016. In the 2016 case of ''Mellet v Ireland
''Mellet v Ireland'' is a finding from the United Nations Human Rights Committee in 2016 that the Republic of Ireland's abortion laws violated human rights and the International Covenant on Civil and Political Rights by banning abortion in cases ...
'', the UN HRC found Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
's abortion laws violated International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
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
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
(UN) report with data gathered up to 2019,[World Population Policies 2017: Abortion Laws and Policies]
United Nations Department of Economic and Social Affairs, 2020. 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 Canada, most European countries and China.[
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 that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for social, economic, rape, or incest reasons, and more for fetal impairment or threats to the woman's health or life.
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).][ The vast majority, 90% of abortions in Finland are performed for socio-economic reasons.] 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
The Care Quality Commission (CQC) is an executive non-departmental public body of the Department of Health and Social Care of the United Kingdom. It was established in 2009 to regulate and inspect health and social care services in England.
I ...
's report in 2012 found that several NHS
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
clinics were circumventing the law, using forms pre-signed by one doctor, thus allowing abortions to patients who only met with one doctor.
Summary tables
Countries
The table below summarizes the legal grounds for abortion in all United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
member state
A member state is a state that is a member of an international organization or of a federation or confederation.
Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
s and United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
observer states and some countries with limited recognition. This table is mostly based on data compiled by the United Nations up to 2019,[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. with some updates, additions and clarifications citing other sources.
Autonomous jurisdictions
The table below summarizes the legal grounds for abortion in autonomous jurisdictions not included in the previous table.
Comparative limits for countries with elective abortions
Legal limits may not be directly comparable. Limits may be expressed in trimesters, months, weeks of pregnancy ( implantation), weeks from fertilization
Fertilisation or fertilization (see spelling differences), also known as generative fertilisation, syngamy and impregnation, is the fusion of gametes to give rise to a new individual organism or offspring and initiate its development. Proce ...
, or weeks from last menstrual period
Menstruation (also known as a period, among other colloquial terms) is the regular discharge of blood and mucosal tissue from the inner lining of the uterus through the vagina. The menstrual cycle is characterized by the rise and fall of horm ...
(LMP).
Countries with more restrictive laws
According to a report by Women on Waves
Women on Waves (WoW) is a Dutch nongovernmental organization (NGO) created in 1999 by Dutch physician Rebecca Gomperts, in order to bring reproductive health services, particularly non-surgical abortion services and education, to women in countr ...
, 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
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
, Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
, the Middle East
The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
, the Asia-Pacific
Asia-Pacific (APAC) is the part of the world near the western Pacific Ocean. The Asia-Pacific region varies in area depending on context, but it generally includes East Asia, Russian Far East, South Asia, Southeast Asia, Australia and Pacific Isla ...
region, as well as Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
in Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
. The Center for Reproductive Rights
The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
report that " e inability to access safe and legal abortion care impacts 700 million women of reproductive age."
Some of the countries of Central America
Central America ( es, América Central or ) is a subregion of the Americas. Its boundaries are defined as bordering the United States to the north, Colombia to the south, the Caribbean Sea to the east, and the Pacific Ocean to the west. ...
, notably El Salvador
El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
, 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.
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
The abortion debate is a longstanding, ongoing controversy that touches on the moral, legal, medical, and religious aspects of induced abortion. In English-speaking countries, the debate most visibly polarizes around adherents of the self-describ ...
from the point of measuring the gestational age
In obstetrics, gestational age is a measure of the age of a pregnancy which is taken from the beginning of the woman's last menstrual period (LMP), or the corresponding age of the gestation as estimated by a more accurate method if available. Su ...
of the pregnancy. Pregnancy can be measured from a number of convenient points, including the day of last menstruation
Menstruation (also known as a period, among other colloquial terms) is the regular discharge of blood and mucosal tissue from the inner lining of the uterus through the vagina. The menstrual cycle is characterized by the rise and fall of hor ...
, ovulation
Ovulation is the release of eggs from the ovaries. In women, this event occurs when the ovarian follicles rupture and release the secondary oocyte ovarian cells. After ovulation, during the luteal phase, the egg will be available to be fertilized ...
, fertilization
Fertilisation or fertilization (see spelling differences), also known as generative fertilisation, syngamy and impregnation, is the fusion of gametes to give rise to a new individual organism or offspring and initiate its development. Proce ...
, 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. However, not all legal systems use this measure for the purpose of abortion law; for example countries such as Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, and Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
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.
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.
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
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
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.
Laws allowing abortion in cases of rape or incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
often differ. For example, before ''Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
'', thirteen U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
s allowed abortion in the case of either rape or incest, but only Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
permitted abortion of pregnancies due to rape, and no state permitted it for just incest.
Many countries allow abortion only through the first or second trimester, and some may allow abortion in cases of fetal defects, e.g., Down syndrome
Down syndrome or Down's syndrome, also known as trisomy 21, is a genetic disorder caused by the presence of all or part of a third copy of chromosome 21. It is usually associated with physical growth delays, mild to moderate intellectual dis ...
, or where the pregnancy is the result of a sexual crime
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.
Some laws regarding sexual activity are ...
.
Other related laws
Laws in some countries with liberal abortion laws protect access to abortion services. Such legislation often seeks to guard abortion clinic
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnan ...
s against obstruction
Obstruction may refer to:
Places
* Obstruction Island, in Washington state
* Obstruction Islands, east of New Guinea
Medicine
* Obstructive jaundice
* Obstructive sleep apnea
* Airway obstruction, a respiratory problem
** Recurrent airway o ...
, vandalism
Vandalism is the action involving deliberate destruction of or damage to public or private property.
The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The term f ...
, 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.Center for Reproductive Rights
The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
. (n.d.)
Picketing and Harassment
Retrieved 14 December 2006. Because of conflicts between anti-abortion
Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respons ...
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
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
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).
On 3 November 2020, an association of 20 Kenyan charities urged the government of Kenya
)
, national_anthem = "Ee Mungu Nguvu Yetu"()
, image_map =
, map_caption =
, image_map2 =
, capital = Nairobi
, coordinates =
, largest_city = Nairobi
, ...
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.
Judicial decisions
See also
Notes
References
Other sources
*
*
* Center for Reproductive Rights
The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
. (2005)
law sidebars10.pdf Abortion and the Law: Ten Years of Reform
Retrieved 22 November 2006. (archived fro
the original
on 2009-03-27)
* The Pew Forum on Religion & Public Life. (November 2006)
Abortion Laws Around The World
Retrieved 18 April 2007.
Europe's Abortion Laws
(12 February 2007). ''BBC News.'' Retrieved 12 February 2007.
* United Nations Population Division. (2007)
World Abortion Policies 2007
Retrieved 3 October 2007.
*
External links
Global Abortion Policies Database
of the World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
The World's Abortion Laws
interactive website of the Center for Reproductive Rights
The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
Abortion Policies: A Global Review
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
. Archived fro
the original
on 27 December 2005.
Laws on Abortion in the Second Trimesters
The International Consortium for Medical Abortion (ICMA)
Abortion: Judicial History and Legislative Response
Congressional Research Service
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
*
Abortion Laws of the World
Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
Abortion legislation in Europe
, International Planned Parenthood Federation
The International Planned Parenthood Federation (IPPF) is a global non-governmental organisation with the broad aims of promoting sexual and reproductive health, and advocating the right of individuals to make their own choices in family ...
(IPPF), September 2012
Abortion Laws
, Division for Gender Affairs
{{Authority control
Sexual revolution