International status of abortion law:
Legal on request
Legal for rape, maternal life, health, mental health, socioeconomic factors, and/or fetal defects
Illegal with exception for rape, maternal life, health, fetal defects, and/or mental health
Illegal with exception for rape, maternal life, health, and/or mental health
Illegal with exception for maternal life, health, and/or mental health
Illegal with no exceptions
Varies
No information
[1]
Abortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise limited by law. However, abortions continue to be common in many areas where they are illegal; abortion rates are similar in countries where the procedure is legal and in countries where it is not according to the World Health Organization (WHO),[2] due to unavailability of modern contraceptives in areas where abortion is illegal.[3] The number of abortions worldwide is declining due to increased access to contraception according to WHO.[2] Almost 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, the Dominican Republic, Malta and Vatican City, which ban the procedure entirely,[4] to those in the United Kingdom and the United States, which restrict abortion after the point of fetal viability, and Canada, which has removed abortion from the Criminal Code.
[edit] History
Abortion has been part of family planning since ancient times, with natural remedies being found amongst a wide variety of tribal people and in all our written sources. Our earliest texts contain no mention of abortion or abortion law. When it does appear, it is entailed in concerns about male property rights, preservation of social order, and the duty to produce fit citizens for the state or community. The harshest penalties were generally reserved for a woman who procured an abortion against her husband's wishes, and for slaves who produced abortion in a woman of high status. Religious texts often contained severe condemnations of abortion, recommending penance but seldom enforcing secular punishment.
As a matter of common law in England and the United States, abortion was illegal anytime after quickening – when the movements of the fetus could first be felt by the woman. Under the born alive rule, the fetus was not considered a "reasonable being" in rerum natura; and abortion was not treated as murder in English law.
In the 19th century, many Western countries began to use statutes to codify or place further restrictions on abortion. Pro-life forces were led by a combination of conservative 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. It became clear in the following years, however, that illegal abortions continued to take place in large numbers even where abortions were expressly illegal.[citation needed] 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[citation needed] 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[citation needed]. The adoption of contraceptives in 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. However just as it was difficult to convict abortion providers it was also difficult for many countries to get the public support necessary for the elected government to legalize it, so countries like Canada and the United States legalized it by the will of the Supreme Court instead. 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), Tunisia (1973), 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. In 1976 a law was adopted which enabled abortions up to 12 weeks. After Germany's reunification, despite the legal status of abortion in the former East Germany, a compromise was reached which deemed most abortions up to 22 weeks legal.
[edit] 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.
[edit] National laws
On average, the frequency of abortions is similar in developing countries (where abortion is generally restricted) to the frequency in developed countries (where abortion is generally much less restricted).[5][6] Abortion rates are very difficult to measure in locations where those abortions are illegal,[7] and pro-life groups have criticized researchers for allegedly jumping to conclusions about those numbers.[8] According to the Guttmacher Institute and the United Nations Population Fund, the abortion rate in developing countries is largely attributable to lack of access to modern contraceptives; assuming no change in abortion laws, providing that access to contraceptives would result in about 25 million fewer abortions annually, including almost 15 million fewer unsafe abortions.[3]
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 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
[edit] Africa
[edit] East Asia
| Country |
To protect woman's life |
Physical health |
Mental health |
Rape |
Fetal defects |
Socio-economic factors |
On request |
 Brunei |
Yes |
No |
No |
No |
No |
No |
No |
 Cambodia[10] |
Yes |
1st |
1st |
Yes |
Yes |
1st |
1st |
 China |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
 Hong Kong [11][12] |
Yes |
2nd (up to 24 weeks) |
2nd (up to 24 weeks) |
2nd (up to 24 weeks) |
2nd (up to 24 weeks) |
No |
No |
 Indonesia |
Yes |
No |
No |
No |
No |
No |
No |
 Japan (details) |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes (de facto under socio-economic factors) |
 North Korea |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
 South Korea [13] |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes (de facto) |
Yes (de facto as abortions are not punished) |
 Laos |
No |
No |
No |
No |
No |
No |
No |
 Malaysia |
1st |
1st |
1st |
No |
No |
No |
No |
 Mongolia |
Restricted |
Restricted |
1st |
1st |
1st |
1st |
1st |
 Myanmar |
Yes |
No |
No |
No |
No |
No |
No |
 Philippines (details) |
Yes |
No |
No |
No |
No |
No |
No |
 Singapore [14] |
Yes |
2nd (up to 24 weeks) |
2nd (up to 24 weeks) |
2nd (up to 24 weeks) |
Yes |
2nd (up to 24 weeks) |
2nd (up to 24 weeks) |
 Thailand |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
 Taiwan |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Law is unclear |
 Vietnam |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
[edit] Central and South Asia
| Country |
To protect woman's life |
Physical health |
Mental health |
Rape |
Fetal defects |
Socio-economic factors |
On request |
 Afghanistan |
Yes |
No |
No |
No |
No |
No |
No |
 Bangladesh |
Yes |
1st |
1st |
1st |
1st |
1st |
1st |
 Bhutan[15] |
Yes |
No |
No |
No |
No |
No |
No |
 India (details) |
Yes |
Yes |
2nd (20 weeks) |
2nd (20 weeks) |
2nd (20 weeks) |
2nd (20 weeks) |
1st |
 Kazakhstan |
2nd |
2nd |
2nd |
2nd |
2nd |
2nd |
1st |
 Kyrgyzstan |
2nd |
2nd |
2nd |
2nd |
2nd |
2nd |
1st |
 Maldives |
No |
No |
No |
No |
No |
No |
No |
 Nepal |
Yes |
Yes |
Yes |
Yes |
Yes |
1st |
1st |
 Pakistan |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
 Sri Lanka |
Yes |
No |
No |
No |
No |
No |
No |
 Tajikistan |
2nd |
2nd |
2nd |
2nd |
2nd |
2nd |
1st |
 Turkmenistan |
2nd |
2nd |
2nd |
2nd |
2nd |
2nd |
1st |
 Uzbekistan |
2nd |
2nd |
2nd |
2nd |
2nd |
2nd |
1st |
[edit] West Asia
| 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 |
Yes |
No |
No |
 Iraq |
Yes |
No |
No |
No |
No |
No |
No |
 Israel (details) |
Yes |
Yes |
Yes |
Yes |
Yes |
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 |
[edit] Europe
Abortion is legal in nearly every European country although there is a wide variation in the restrictions under which it is permitted.[16] Although nearly every European country makes abortion available on demand during the first trimester, when it comes to later-term abortions, there are very few with laws as liberal as those of the United States.[17] Restrictions on abortion are most stringent in countries that are more strongly observant of the Catholic faith.[16]
[edit] Western Europe
[edit] Eastern Europe
[edit] North and Central America
[edit] Oceania
[edit] South America
[edit] Legal restrictions on later abortion
|
|
Parts of this section (those related to PMID 18957353) are outdated. Please update this section to reflect recent events or newly available information. Please see the talk page for more information. (June 2010) |
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.[23] In addition, 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]).[23]
[edit] Case law
Australia
Bangladesh
Chancery Law Chronicles- First Bangladesh Online Case Law Database [3]
Canada
Germany
Ireland
United States
European Court of Human Rights
[edit] See also
- ^ World Abortion Policies 2007, United Nations, Department of Economic and Social Affairs, Population Division.
- ^ a b Abortion Rates Similar in Countries That Legalize, Prohibit Procedure, a WHO Study Says
- ^ a b Singh, Susheela et al. Adding it Up: The Costs and Benefits of Investing in Family Planning and Newborn Health, pages 17, 19, and 27 (New York: Guttmacher Institute and United Nations Population Fund 2009): "Some 215 million women in the developing world as a whole have an unmet need for modern contraceptives…. If the 215 million women with unmet need used modern family planning methods....[that] would result in about 22 million fewer unplanned births; 25 million fewer abortions; and seven million fewer miscarriages....If women’s contraceptive needs were addressed (and assuming no changes in abortion laws)...the number of unsafe abortions would decline by 73% from 20 million to 5.5 million." A few of the findings in that report were subsequently changed, and are available at: "Facts on Investing in Family Planning and Maternal and Newborn Health" (Guttmacher Institute 2010).
- ^ Boseley, Sarah (2010-06-11). "Nicaragua refuses to lift abortion ban". The Guardian.
- ^ Culwell KR, Vekemans M, de Silva U, Hurwitz M (July 2010). "Critical gaps in universal access to reproductive health: Contraception and prevention of unsafe abortion". International Journal of Gynecology & Obstetrics 110: S13–16. doi:10.1016/j.ijgo.2010.04.003. PMID 20451196.
- ^ Shah I, Ahman E (December 2009). "Unsafe abortion: global and regional incidence, trends, consequences, and challenges". J Obstet Gynaecol Can 31 (12): 1149–58. PMID 20085681. "However, a woman’s chance of having an abortion is similar whether she lives in a developed or a developing region: in 2003 the rates were 26 abortions per 1000 women aged 15 to 44 in developed areas and 29 per 1000 in developing areas. The main difference is in safety, with abortion being safe and easily accessible in developed countries and generally restricted and unsafe in most developing countries"
- ^ Sedgh, Gilda and Henshaw, Stanley. "Measuring the Incidence of Abortion in Countries With Liberal Laws" in Methodologies for Estimating Abortion Incidence and Abortion-Related Morbidity: A Review, (Guttmacher Institute 2010): "In countries with highly restrictive abortion laws, it is extremely difficult to obtain reliable counts of the numbers of procedures performed."
- ^ Rosenthal, Elizabeth. "Legal or Not, Abortion Rates Compare", The New York Times (2007-10-12): "Anti-abortion groups criticized the research, saying that the scientists had jumped to conclusions from imperfect tallies, often estimates of abortion rates in countries where the procedure was illegal."
- ^ Libombo, Aida, &, Bay Ustá, Momade. (2001). Mozambique Abortion Situation. Retrieved October 27, 2006.
- ^ www.un.org/esa/population/publications/abortion/doc/cambod1.doc
- ^ According to the Sino-British Joint Declaration. Despite Hong Kong technically being part of the People's Republic of China, it still maintains its own legal system and practices English Common Law. As such, the majority of Chinese laws do not apply in Hong Kong. The power of final judgment are vested in the court of final appeal of Hong Kong.
- ^ Assent from 2 doctors are required. See also Law of Hong Kong, Cap 212 Offences Against the Person Ordinance, Sections 46, 47, 47A and Law of Hong Kong, Cap 200 Crimes Ordinance, Sections 47, 118, 119, 120 and 121
- ^ South Korea Confronts Open Secret of Abortion
- ^ Termination of Pregnancy/Abortion in Singapore. [1]. Retrieved October 29, 2011.
- ^ World Health Organization. (2005). Improving Maternal, Newborn, and Child Health in the South-East Asia Region. Retrieved October 3, 2007.
- ^ a b Ostergren, Robert C.; Le Bossé, Mathias (7 March 2011). The Europeans: A Geography of People, Culture, and Environment. Guilford Press. p. 203. ISBN 978-1-59385-384-6. http://books.google.com/books?id=y-1fwix23zMC&pg=PA203. Retrieved 30 December 2011.
- ^ Jenkins, Philip (11 May 2007). God's continent: Christianity, Islam, and Europe's religious crisis. Oxford University Press. p. 91. ISBN 978-0-19-531395-6. http://books.google.com/books?id=5FLMm69jJDkC&pg=PT91. Retrieved 30 December 2011.
- ^ a b "Europe's abortion rules". BBC News. 12 February 2007. http://news.bbc.co.uk/2/hi/europe/6235557.stm. Retrieved 2010-06-21.
- ^ [www.un.org/esa/population/publications/abortion/doc/norway.doc]
- ^ Q&A: Abortion in NI. (June 13 , 2001). BBC News. Retrieved October 27, 2006.
- ^ [2] Retrieved October, 31, 2011.
- ^ http://switzerland.angloinfo.com/countries/switzerland/abortion.asp
- ^ a b 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).
[edit] 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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