Over the past fifty years, an unequivocal trend towards the liberalization of abortion laws has been observed, particularly in industrialized nations. However, despite this general trend, abortion policies remain extremely diverse globally, with significant differences between countries and regions.
This article aims to examine the complex legal landscape of abortion worldwide, analyzing global trends, challenges, and legal victories that have characterized this crucial debate for women's reproductive rights.
Global Trends
According to the World Health Organization (WHO), approximately 73 million abortions occur worldwide each year, with an average of 39 abortions per thousand women globally. Although these figures have remained approximately constant since 1990, the percentages have diverged between countries with fewer restrictions and those with more stringent ones.
In countries where abortion is generally legal, the average abortion rate decreased by 43 percent between 1990-94 and 2015-19, while in countries with severe abortion restrictions, the average abortion rate increased by 12 percent over the same period.
Safety of Procedures
The liberalization of abortion laws has led to significant improvements in the quality and safety of abortion care, as well as maternal survival. However, the safety of procedures varies widely between countries where abortion is generally legal and those with more severe restrictions.
About 90 percent of abortions in countries with liberal abortion laws are considered safe, compared to only 25 percent of abortions in countries where abortion is prohibited. Complications from unsafe abortions cause approximately 5-13 percent of maternal deaths worldwide, with the majority of these deaths concentrated in developing countries.
Human Rights and International Laws
Access to safe abortion has been recognized as a human right by numerous international frameworks, including UN committees and regional human rights courts. Several international conferences, such as the 1994 International Conference on Population and Development and the United Nations' 2030 Agenda for Sustainable Development, have emphasized the importance of universal access to reproductive health services. The WHO has also issued guidelines recommending that states enact abortion laws to protect women's health.
Challenges and legal victories
Despite progress, strong opposition to abortion remains in some sectors of society.
The U.S. Supreme Court's decision in 2022 to overturn Roe v. Wade was a significant victory for abortion opponents and a global turning point.
This decision allowed twenty-one states to seek to ban or restrict access to abortion. However, globally, the trend has been towards the liberalization of abortion laws, with more than sixty countries modifying their laws in the past three decades to expand the legal bases for access to abortion.
Case studies around the world
Some countries have faced unique challenges in formulating their abortion laws. For example, China adopted extremely liberal abortion policies under its one-child policy.
The chinese policy aimed to curb population growth by restricting families to one child and made abortion services widely available. However, it also came with coercive measures such as fines, compulsory sterilization, and forced abortions to deter unauthorized births. In recent years, China has relaxed its one-child policy, allowing up to three children in 2021 and issuing guidelines to reduce non-medically necessary abortions.
Other countries, like Kenya, have amended their laws in response to constitutional changes and social movements.
Kenya's abortion laws were historically rooted in the British penal code, which criminalized abortion. However, the adoption of a new constitution in 2010 expanded the grounds for abortion to include emergency cases and situations where the health of the mother is at risk. In 2019, a court further extended these exceptions to include cases of rape
An European case study is France, which has been at the forefront of abortion rights, recently enshrining them in its constitution in 2024. Abortion was decriminalized in France in 1975, and over the years, gestational limits have been extended. The constitutional amendment guarantees a woman's freedom to have an abortion, reflecting a longstanding commitment to reproductive rights.
On the contrary, countries such has Honduras have some of the world's strictest abortion laws, with a total ban in place since 1985, further enshrined in the country's constitution in 2021. Any change to abortion law now requires a three-quarters majority in the National Congress. As a result, Honduras sees a significant number of unsafe abortions each year, estimated by UN experts.
Another difficult situation inside the european borders is the polish one. Poland's abortion laws underwent a dramatic shift in 2020 when the Constitutional Tribunal ruled abortions due to fetal abnormalities unconstitutional, effectively imposing a near-total ban. This decision sparked widespread protests, although it remains in effect. Abortions in cases of rape, incest, and life-threatening pregnancies are still legal, but doctors have reportedly been hesitant to perform them due to potential legal repercussions.
What is up in our country
The Italian Chamber of Deputies has recently approved a controversial amendment as part of the new healthcare package proposed by the right-wing government, raising concerns about women's abortion rights in the country.
According to this amendment, "non-profit groups with qualified experience in supporting maternity" will gain access to family planning counseling centers that issue the necessary certificates for obtaining an abortion.
The government led by Prime Minister Giorgia Meloni has stated that the amendment does not substantially change anything but rather clarifies aspects of the 1978 law that legalized abortion, allowing anti-abortion activists to enter centers where they previously did not have access.
However, the Italian opposition has expressed serious concerns about this national amendment, labeling it a harsh blow to women's rights. In particular, it has been noted that some regions, such as Umbria and Marche, have already limited access to the abortion pill.
Silvia Roggiani, an opposition parliamentarian with the center-left Democratic Party, stated, "The right continues to show its nostalgic nature and its patriarchal and obscurantist vision, seeking to erode women's rights. While other countries progress in protecting gender rights, it is shameful that Italy is taking steps backward."
This amendment comes at a time of renewed interest in the abortion issue in Europe, especially after the U.S. Supreme Court's 2022 decision to overturn Roe v. Wade, as said before.
Despite Meloni's promises not to change Italy's abortion law, finding facilities that offer safe abortions is becoming increasingly difficult in the country. Law 194, which legalized abortion in Italy in 1978, allows women to seek termination within the first 90 days of pregnancy. However, after this period, an abortion can only be performed if there is a risk to the woman's life or serious issues with the fetus.
It is important to note that doctors can refuse to perform abortions for reasons of conscience. According to 2021 Health Ministry data, over 60 percent of Italian gynecologists do not perform the procedure.
Among the groups authorized to enter counseling centers under the amendment is Italy's largest anti-abortion organization, Pro Vita e Famiglia. These groups have called for doctors performing abortions to show the patient the fetus and listen to its heartbeat before carrying out the procedure.
Although the amendment still needs approval from the Senate, there is little hope among opposition lawmakers that the measure can be stopped.
Conclusions
The analysis of abortion laws worldwide reveals a complex intersection of cultural, political, legal, and social factors that influence the formulation and implementation of abortion policies. Although significant progress has been made in access to safe and legal abortion, substantial challenges remain, including persistent opposition from some sectors of society and the lack of equitable access to abortion services in many global contexts. The horizons are wide, but there are still many closed doors. When will we understand that a woman deciding about her own future isn't as scary as a gun?
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