[[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, Malta
, and
Vatican
City
, which ban the procedure entirely, to those in
Canada
, the United States
, 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 England
and the
United
States, 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 Union
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 (Poland
, Turkey
, Denmark
, Sweden
, Iceland
, Mexico
) 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 Britain
, the Abortion Act of
1967 clarified and prescribed abortions as legal up to 28
weeks. Other countries soon followed, including
Canada (1969), the United States (1973 in most states, pursuant to the federal
Supreme Court decision which legalized abortion nationwide),
France
(1975), Austria
(1975),
New
Zealand
(1977), Italy (1978), the Netherlands
(1980) and Belgium
(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
Asia
Eastern Asia
Indian subcontinent and former Soviet central Asia
Near and Middle Eastern region
| Country |
To protect woman's life |
Physical health |
Mental health |
Rape |
Fetal defects |
Socio-economic factors |
On request |
Bahrain |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Iran (details) |
Yes |
No |
No |
No |
No |
No |
No |
Iraq |
Yes |
No |
No |
No |
No |
No |
No |
Israel (details) |
Varies |
Varies |
Varies |
Varies |
Varies |
Varies |
Varies |
Jordan |
Restricted |
Restricted |
Restricted |
No |
No |
No |
No |
Kuwait |
Restricted |
Restricted |
Restricted |
No |
Restricted |
No |
No |
Lebanon |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Varies |
Oman |
Yes |
No |
No |
No |
No |
No |
No |
Qatar |
Yes |
Yes |
Yes |
No |
Restricted |
No |
No |
Saudi Arabia |
1st |
Restricted |
Restricted |
No |
No |
No |
No |
Syria |
Restricted |
No |
No |
No |
No |
No |
No |
United Arab Emirates |
Restricted |
No |
No |
No |
No |
No |
No |
Yemen |
Yes |
No |
No |
No |
No |
No |
No |
Europe
Western
Eastern
Western hemisphere
Northern and English-speaking middle areas
Southern and non-English-speaking middle areas
Oceania
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
Canada
Germany
Ireland
United States
See also
Notes
- Libombo, Aida, &, Bay Ustá, Momade. (2001). Mozambique Abortion Situation. Retrieved October 27,
2006.
- 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.
- The Korean Law Blog (2007). Abortion in Korea. Retrieved October 3, 2007.
- World Health Organization. (2005).
Improving Maternal, Newborn, and Child Health in
the South-East Asia Region. Retrieved October 3, 2007.
- Q&A: Abortion in NI. (June 13 , 2001).
BBC News. Retrieved October 27, 2006.
- 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
- law sidebars.htm Abortion Laws of the World.
(n.d.). Annual Review of Population Law. Retrieved July
14, 2006.
- Appel, Jacob M. 'Conscience' vs. Care: How Refusal Clauses are
Reshaping the Rights Revolution, Medicine and Health, Rhode
Island, August 2005. Retrieved October 28, 2008.
- Rahman, Anika, Katzive, Laura, & Henshaw, Stanley K.
(1998). A Global Review of Laws on Induced Abortion,
1985-1997. International Family Planning Perspectives, 24
(2). Retrieved July 14, 2006.
- United Nations Population Division. (2002). Abortion Policies: A Global Review. Retrieved July 14,
2006.
- IPPF European Network. (2004). Abortion Legislation in Europe. Retrieved
October 27, 2006.
- Center for Reproductive Rights. (2005). law
sidebars10.pdf Abortion and the Law: Ten Years of Reform.
Retrieved November 22, 2006.
- The Pew Forum on Religion & Public Life. (November 2006).
Abortion Laws Around The World. Retrieved April
18, 2007.
- Europe's Abortion Laws. (February 12, 2007). BBC
News. Retrieved February 12, 2007.
- United Nations Population Division. (2007). World Abortion Policies 2007. Retrieved October
3, 2007.
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