The Full Wiki

Abortion law: Map

  
  
  
  

Wikipedia article:

Map showing all locations mentioned on Wikipedia article:

[[Image:AbortionLawsMap-NoLegend.png|thumb|right|350px|International status of abortion law

  ]]


Abortion law is legislation which pertains to the provision of abortion. Abortion has been a controversial subject in societies around the world because of the moral and ethical issues that surround it, though other considerations, such as a state's pro- or antinatalist policies or questions of inheritance and patriarchy, also dictate abortion law and regulation. It has been regularly banned and otherwise limited, though abortions have continued to be commonplace in many areas where it is illegal. Almost 2/3 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 country, ranging from those in Chile, El Salvador, Nicaragua, Maltamarker, and Vatican Citymarker, which ban the procedure entirely, to those in Canadamarker, the United Statesmarker, and many more which place no restrictions on the provision of abortion. Both supporters and opponents of legal abortion believe their position addresses a fundamental human right. Pro-Choice activists argue that a woman has a right to abortion, and that doctors should be allowed to abort a life threatening pregnancy, or in cases of rape and incest. Pro-Life activists argue that abortion denies an embryo or fetus the right to live.

History

Abortion and contraception have been widely available throughout Western history, despite ethical concerns. Plato and Aristotle both argued in favor of compulsory abortion under certain circumstances, though Hippocrates expressly disapproved of the practice. Under Roman law, abortion sometimes occurred but family planning was conducted mainly through the exposure of healthy newborns—usually to protect the rights and interests of the biological father. References to abortion were included in the writings of Ovid, Seneca, Juvenal and Pliny, who included a list of abortifacients (drugs that induce an abortion) in one text. Early Christian philosophers, including Ivo of Chartres and Gratian, disapproved of abortion when it broke the link between copulation and procreation but argued that abortion of what Ivo termed an "unformed embryo" did not constitute homicide.

Religious authorities have taken various positions on abortion throughout history (see Religion and abortion). In 1588, Pope Sixtus V adopted a papal bull adopting the position of St. Thomas Aquinas that contraception and abortion were crimes against nature and sins against marriage. This verdict was relaxed three years later by Pope Gregory XIV, who pronounced that abortion before "hominization" should not be subject to church penalties that were any stricter than civil penalties (Codicis iuris fontes, ed. P. Gasparri, vol. 1 (Rome, 1927), pp. 330-331). Common law positions on abortion in individual countries varied significantly from country to country.

As a matter of common law in Englandmarker and the United Statesmarker, abortion was illegal anytime after quickening when the movements of the fetus could first be felt by the woman. In the 19th century, many Western countries began to use statutes to codify or further restrictions on abortion. Anti-abortion forces were led by a combination of conservative groups opposed to abortion on moral grounds and medical professionals who were concerned about the danger presented by the procedure and the regular involvement of non-medical personnel in performing abortions.

It became clear in the following years, however, that illegal abortions continued to take place in large numbers even where abortions were expressly illegal. It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors, and judges and juries were often reluctant to convict. Henry Morgentaler, for instance, 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 legalize abortions when performed to protect the life of the woman, and in some cases to protect the health of the woman. Under Vladimir Lenin, the Soviet Unionmarker legalized all abortions in 1920, but this was fully reversed in 1936 by Joseph Stalin in order to increase population growth. In the 1930s, several countries (Polandmarker, Turkeymarker, Denmarkmarker, Swedenmarker, Icelandmarker, Mexicomarker) legalized abortion in some special cases (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 fifties under Soviet pressure. The adoption of contraceptives the 1950s and 1960s in Western countries resulted in comparatively few statutory changes on abortion law. In Great Britainmarker, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 weeks. Other countries soon followed, including Canadamarker (1969), the United Statesmarker (1973 in most states, pursuant to the federal Supreme Court decision which legalized abortion nationwide), Francemarker (1975), Austriamarker (1975), New Zealandmarker (1977), Italy (1978), the Netherlandsmarker (1980) and Belgiummarker (1990). However, these countries vary greatly in the circumstances under which abortion is permitted. In 1975, the West German Supreme Court struck down a law legalizing abortion, holding that they contradict the constitution's human rights guarantees. After Germany's reunification, despite the legal status of abortion in the former East Germany, a compromise was reached which deemed most abortions illegal, but prosecutions not performed.

International law

In addition to national and regional laws, there are treaties that may actually be enforced on or within their parties. However, there is an inherent difficulty in the enforcement of international law due to the issue that state sovereignty poses. As such, the effectiveness of even binding multi-national efforts to legislate the rights to life and liberty in general, or abortion in specific, is difficult to measure. Examples of such efforts that have or might have bearing for abortion law, nationally or internationally.

National laws

The following series of tables present the current abortion legislation of the world's nations as divided by continent. Actual access to abortion may vary significantly on the basis of geography, income, cost, health care, social factors, and other issues. Many jurisdictions also place other restrictions on abortion access, including waiting periods, the provision of information, the assent of multiple doctors, and spousal or parental notification.

Legend
  • Yes - Legal
  • No - Illegal
  • 1st - Legal during 1st trimester only (exact date e.g. number of weeks may vary)
  • 2nd - Legal during 1st and 2nd trimester only (exact date may vary)
  • Restricted - Legal but subject to significant restrictions
  • Varies - Varies by region
  • ? - Information is unavailable or the law is too ambiguous



Africa

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Algeriamarker Yes 2nd 2nd No No No No
Angolamarker 1st No No No No No No
Beninmarker Yes No ? Yes Yes No No
Botswanamarker Yes Yes Yes Yes Yes No No
Burkina Fasomarker Yes Yes Yes 1st Yes No No
Burundimarker Yes Yes ? No No No No
Cameroonmarker Yes Yes ? Yes No No No
Cape Verdemarker Yes Yes Yes 1st Yes 1st 1st
Central African Republicmarker Yes No No No No No No
Chadmarker Yes Yes ? No Yes No No
Comorosmarker Yes Yes ? No No No No
Congo marker Yes No No No No No No
Congo marker Yes No No No No No No
Côte d'Ivoiremarker Yes No No No No No No
Djiboutimarker Yes ? ? No No No No
Egyptmarker Restricted No No No No No No
Equatorial Guineamarker Yes Yes ? No No No No
Eritreamarker Yes Yes ? No No No No
Ethiopiamarker Yes Yes Yes Yes Yes No No
Gabonmarker Yes No No No No No No
Gambiamarker Yes Yes Yes No No No No
Ghanamarker Yes Yes Yes Yes Yes No No
Guineamarker Yes Yes Yes Yes Yes No No
Guinea-Bissaumarker Yes 1st 1st 1st 1st 1st 1st
Kenyamarker Restricted Restricted Restricted No No No No
Lesothomarker Yes No No No No No No
Liberiamarker Yes Yes Yes Yes Yes No No
Libyamarker Yes No No No No No No
Madagascarmarker Yes No No No No No No
Malawimarker Restricted No No No No No No
Malimarker Yes No No Yes No No No
Mauritaniamarker Yes No No No No No No
Mauritiusmarker Yes No No No No No No
Moroccomarker 1st 1st 1st No No No No
Mozambiquemarker Yes Yes Yes No No No 1st (illegal, but selectively allowed)
Namibiamarker Yes Yes Yes Yes Yes No No
Nigermarker No No No No No No No
Nigeriamarker Yes Yes Yes No No No No
Rwandamarker Yes Yes Yes No No No No
São Tomé and Príncipemarker 1st No No No No No No
Senegalmarker Yes No No No No No No
Seychellesmarker 1st 1st 1st 1st 1st No No
Sierra Leonemarker Yes Yes Yes No No No No
Somaliamarker Yes No No No No No No
South Africa (details) 2nd 2nd 2nd 2nd 2nd 2nd 1st
Sudanmarker Yes No No Yes No No No
Swazilandmarker Yes No No No No No No
Tanzania Yes Yes Yes No No No No
Togomarker 1st ? ? ? ? No No
Tunisiamarker Yes 1st 1st 1st 1st 1st 1st
Uganda Yes Yes Yes No No No No
Western Saharamarker ? ? ? ? ? ? ?
Zambiamarker Yes Yes Yes No Yes Yes No
Zimbabwemarker Yes Yes No Yes Yes No No


Asia

Eastern Asia

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Bruneimarker Yes No No No No No No
Cambodiamarker Yes Yes Yes Yes Yes Yes Yes
Chinamarker Yes Yes Yes Yes Yes Yes Yes
Hong Kongmarker Yes Yes Yes Yes No No No
Republic of China marker Yes Yes Yes Yes Yes Yes Law is unclear
Indonesiamarker Yes No No No No No No
Japanmarker (details) Yes 2nd 2nd 2nd 2nd 2nd 2nd
People's Dem.marker Rep. of Koreamarker Yes Yes Yes Yes Yes Yes Yes
Republic of Koreamarker Yes Yes Yes Yes No No No (but not punished)
Laosmarker No No No No No No No
Malaysiamarker 1st 1st 1st No No No No
Mongoliamarker Restricted Restricted 1st 1st 1st 1st 1st
Myanmarmarker Yes No No No No No No
Philippinesmarker (details) Yes No No No No No No
Singaporemarker Yes Yes Yes 2nd 2nd 2nd 2nd
Thailandmarker Yes Yes Yes Yes No No No
Vietnammarker Yes Yes Yes Yes Yes Yes Yes


Indian subcontinent and former Soviet central Asia

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Afghanistanmarker Yes No No No No No No
Bangladeshmarker Yes 1st 1st 1st 1st 1st 1st
Bhutanmarker Yes No No No No No No
Indiamarker (details) Yes Yes 2nd 2nd 2nd 2nd No
Kazakhstanmarker 2nd 2nd 2nd 2nd 2nd 2nd 1st
Kyrgyzstanmarker 2nd 2nd 2nd 2nd 2nd 2nd 1st
Nepalmarker Yes Yes Yes Yes Yes 1st 1st
Pakistanmarker Yes Yes Yes Yes No No No
Sri Lankamarker Yes No No No No No No
Tajikistanmarker 2nd 2nd 2nd 2nd 2nd 2nd 1st
Turkmenistanmarker 2nd 2nd 2nd 2nd 2nd 2nd 1st
Uzbekistanmarker 2nd 2nd 2nd 2nd 2nd 2nd 1st


Near and Middle Eastern region

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Bahrainmarker Yes Yes Yes Yes Yes Yes Yes
Iranmarker (details) Yes No No No No No No
Iraqmarker Yes No No No No No No
Israelmarker (details) Varies Varies Varies Varies Varies Varies Varies
Jordanmarker Restricted Restricted Restricted No No No No
Kuwaitmarker Restricted Restricted Restricted No Restricted No No
Lebanonmarker Yes Yes Yes Yes Yes Yes Varies
Omanmarker Yes No No No No No No
Qatarmarker Yes Yes Yes No Restricted No No
Saudi Arabiamarker 1st Restricted Restricted No No No No
Syriamarker Restricted No No No No No No
United Arab Emiratesmarker Restricted No No No No No No
Yemenmarker Yes No No No No No No


Europe

Western

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Andorramarker Yes No No No No No No
Austriamarker Yes Yes Yes 1st Yes 1st 1st (illegal, but not punished)
Belgiummarker Yes Yes Yes Yes Yes Yes Yes
Denmarkmarker Yes Yes Yes Yes Yes Yes ?
Faroe Islandsmarker 2nd No No 2nd 2nd No No
Francemarker (details) Yes Yes Yes Yes Yes Yes Yes
Germanymarker (details) Yes Yes Yes Yes 1st 1st 1st
Icelandmarker (details) Yes Yes Yes Yes Yes Yes Yes
Irelandmarker (details) Yes No No No No No No
Italymarker (details) Yes Yes Yes 1st Yes 1st 1st
Liechtensteinmarker Yes Yes Yes No No No No
Luxembourgmarker Yes Restricted Restricted Restricted Restricted Restricted No
Maltamarker No No No No No No No
Monacomarker Yes No No No No No No
Netherlandsmarker (details) Yes Yes Yes Yes Yes Yes Yes
Norwaymarker (details) Yes Yes Yes Yes Yes Yes Yes
Northern Irelandmarker(details) Yes Yes Yes Yes No No No
Portugalmarker Yes Yes Yes Yes Yes Yes Yes
San Marinomarker Yes No No No No No No
Spainmarker Yes Yes Yes 1st 2nd No No
Swedenmarker (details) Yes Yes Yes Yes Yes Yes Yes
Switzerlandmarker (details) Yes Yes Yes Yes Yes Yes Yes
United Kingdommarker (excluding Northern Ireland; details) Yes Yes Yes Yes Yes Yes Yes
Vatican Citymarker No No No No No No No


Eastern

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Albaniamarker Yes Yes No Yes Yes Yes Yes
Armeniamarker 2nd 2nd 2nd 2nd 2nd 2nd 1st
Azerbaijanmarker Yes Yes Yes Yes Yes Yes 1st
Belarusmarker Yes Yes Yes Yes Yes Yes Yes
Bosnia and Herzegovinamarker Yes Yes Yes Yes Yes Yes Yes
Bulgariamarker Yes 2nd 1st 1st Yes 1st 1st
Croatiamarker Yes Yes Yes Yes Yes Yes Yes
Cyprusmarker Yes Yes Yes Yes Yes ? No
Czech Republicmarker (details) 2nd 2nd 1st 1st 2nd 1st 1st
Estoniamarker Yes Yes Yes Yes Yes Yes Yes
Finlandmarker (details) Yes Yes Yes 2nd 2nd 2nd Yes
Georgiamarker 2nd 2nd 2nd 2nd 2nd 2nd 1st
Greecemarker Yes Yes Yes Yes Yes Yes Yes
Hungarymarker Yes Yes Yes Yes Yes Yes Yes
Latviamarker Yes Yes Yes Yes Yes Yes Yes
Lithuaniamarker Yes Yes Yes Yes Yes Yes Yes
Republic of Macedoniamarker Yes Yes Yes Yes Yes Yes Yes
Moldovamarker Yes Yes Yes Yes Yes Yes 1st
Montenegromarker Yes Yes Yes Yes Yes Yes Yes
Polandmarker (details) 2nd 2nd ? 1st 2nd No No
Romaniamarker (details) Yes Yes 1st 1st 1st 1st 1st
Russiamarker (details) Yes Yes Yes Yes Yes 2nd 1st
Serbiamarker Yes Yes Yes Yes Yes Yes Yes
Slovakiamarker 2nd 2nd 1st 2nd 2nd 1st 1st
Sloveniamarker Yes Yes Yes Yes Yes Yes Yes
Turkeymarker Yes Yes Yes Yes Yes Yes Yes
Ukrainemarker 2nd 2nd 2nd 2nd 2nd 2nd 1st


Western hemisphere

Northern and English-speaking middle areas

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Antigua and Barbudamarker 1st No No No No No No
Bahamasmarker Yes Yes Yes ? ? No No
Barbadosmarker Yes Yes Yes Yes Yes Yes No
Belizemarker Yes Yes Yes No Yes Yes No
Canadamarker (details) Yes Yes Yes Yes Yes Yes Yes
Dominicamarker Yes No No No No No No
Grenadamarker Yes Yes Yes No No No No
Jamaicamarker Restricted Restricted Restricted No No No No
Saint Kitts and Nevismarker Yes Yes Yes No No No No
Saint Luciamarker Yes Yes Yes No No No No
Saint Vincent and the Grenadinesmarker Yes Yes Yes Yes Yes Yes No
Trinidad and Tobagomarker Yes Yes Yes No No No No
United Statesmarker (details) Yes Yes Yes Yes Yes Yes Yes


Southern and non-English-speaking middle areas

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Argentinamarker (details) Yes Yes Yes Restricted No No No
Boliviamarker Yes Yes ? Yes No No No
Brazilmarker (details) Yes No No Yes No No No
Chilemarker (details) No No No No No No No
Colombiamarker Yes Yes ? Yes Yes No No
Costa Ricamarker Yes Yes ? No No No No
Cubamarker 1st 1st 1st 1st 1st 1st 1st
Dominican Republicmarker (details) No No No No No No No
Ecuadormarker Yes Yes Yes Restricted No No No
El Salvadormarker (details) No No No No No No No
Guatemalamarker (details) Yes No No No No No No
Guyanamarker Yes Yes Yes Yes 1st 1st 1st
Haitimarker Yes ? No ? ? No No
Hondurasmarker Restricted No No No No No No
Mexicomarker (details) Yes Yes Yes Yes Yes Yes Varies
Nicaraguamarker (details) No No No No No No No
Panamamarker Yes Yes No 1st Yes No No
Paraguaymarker Yes No No No No No No
Perumarker Yes Yes Yes No No No No
Surinamemarker Yes No No No No No No
Uruguaymarker Yes Yes 1st 1st No 1st No
Venezuelamarker Yes No No No No No No


Oceania

Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request
Australia (details) Varies Varies Varies Varies Varies Varies Varies
Cook Islandsmarker Yes Yes Yes No No No No
Fijimarker Yes Yes Yes ? ? Yes No
Kiribatimarker Yes No No No No No No
Maldivesmarker No No No No No No No
Marshall Islandsmarker Restricted No No No No No No
Federated States of Micronesiamarker Yes No No No No No No
Nauru Restricted Restricted Restricted No No No No
New Zealandmarker (details) Yes 2nd 2nd 2nd 2nd Restricted No
Niuemarker Yes ? ? No No No No
Palaumarker Yes No No No No No No
Papua New Guineamarker Restricted Restricted Restricted No No No No
Samoamarker Yes Yes Yes No No No No
Solomon Islandsmarker Restricted No No No No No No
Tongamarker Yes No No No No No No
Tuvalumarker Yes No No No No No No
Vanuatumarker Yes Yes Yes No No No No


Legal restrictions on later abortion

As of 1998, among the 152 most populous countries, 54 either banned abortion entirely or permitted it only to save the life of the pregnant woman. In contrast, another 44 of the 152 most populous countries generally banned late-term abortions after a particular gestational age: 12 weeks (Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cuba, Czech Republic, Denmark, Estonia, France, Georgia, Greece, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova, Mongolia, Norway, Russia, Slovakia, Slovenia, South Africa, Ukraine, Tajikistan, Tunisia, Turkey, Turkmenistan, Uzbekistan, and the former Yugoslavia), 13 weeks (Italy), 14 weeks (Austria, Belgium, Cambodia, Germany, Hungary, and Romania), 18 weeks (Sweden), viability (Netherlands and to some extent the United States), and 24 weeks (Singapore and the United Kingdom [Northern Ireland excluded]).

Case law

Australia Canadamarker Germanymarker Irelandmarker United Statesmarker

See also



Notes

  1. Libombo, Aida, &, Bay Ustá, Momade. (2001). Mozambique Abortion Situation. Retrieved October 27, 2006.
  2. According to Sino-British Joint Declaration, dispite Hong Kong is technically in China, Hong Kong maintain its own legal system, and practices English Common Law, as such, majority of the Chinese Laws do not apply in Hong Kong. The power of final judgment are vested in the court of final appeal of Hong Kong.
  3. The Korean Law Blog (2007). Abortion in Korea. Retrieved October 3, 2007.
  4. World Health Organization. (2005). Improving Maternal, Newborn, and Child Health in the South-East Asia Region. Retrieved October 3, 2007.
  5. Q&A: Abortion in NI. (June 13 , 2001). BBC News. Retrieved October 27, 2006.
  6. Anika Rahman, Laura Katzive and Stanley K. Henshaw. A Global Review of Laws on Induced Abortion, 1985-1997, International Family Planning Perspectives (Volume 24, Number 2, June 1998).


References



External links




Embed code:






Got something to say? Make a comment.
Your name
Your email address
Message