Abortion law

AbortionLawsMap.png|thumb|right|350px|International status of abortion law

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Abortion law is legislation which pertains to the provision of abortion. Abortion has been a controversial subject throughout history due to the moral and ethical issues that surround it. 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 Chile, El Salvador, Malta, and Vatican City, which ban the procedure entirely, to Canada, which places no restrictions on the provision of abortion whatsoever. Both supporters and opponents of legal abortion believe their position addresses a fundamental human right.

History

Abortion and contraception have been widely available throughout the history of Western Civilization, 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, life was said to begin at birth. Abortions were thus legal, though regulated to protect the rights 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 St. Augustine, Ivo of Chartres and Gratian, disapproved of abortion when it broke the link between the sexual act 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. Common law positions on abortion in individual countries varied significantly from country to country. English common law considered abortions before 'quickening' - when the movements of the fetus could first be felt by the woman - to be morally and legally acceptable.

Many Western countries began to make abortion illegal in the 19th century. 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 doctors, and judges and juries were often reluctant to convict. For instance: Dr. Henry Morgentaler was never convicted by a jury. 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. Iceland was the first Western country to legalize therapeutic abortion under limited circumstances, doing so in 1935, and the earliest country to do so without recriminalizing it later. Only a handful of countries – mostly in Scandinavia decriminalized abortion before Britain in 1967. Others 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), New Zealand (1977), Italy (1978) and the Netherlands (1980). However, these countries vary greatly in the circumstances under which abortion is permitted. In 1975, the German Supreme Court struck down a law legalizing abortion, holding that they contradict the constitution's human rights guarantees. After Germany's reunification, a compromise was reached which deemed most abortions illegal but does not penalize it under certain circumstances.

International law

In addition to national and regional laws, there are multi-national and international treaties, conventions, and laws that may actually be enforced on or within signatory nations. 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, include:

The 1978 American Convention on Human Rights states, in Article 4.1, "Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception." The Convention is considered binding only for the 24 of 35 member nations of the Organization of American States who ratified it. The Inter-American Commission on Human Rights found that the words "in general" left room for individual nations to determine their own abortion legislation. ^*

The 1994 Programme of Action states, in paragraph 8.25, "In no case should abortion be promoted as a method of family planning. . . Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process. In circumstances where abortion is not against the law, such abortion should be safe." The nonbinding document was adopted by at least 179 countries at the United Nations International Conference on Population and Development held in Cairo, Egypt.

The 1995 Beijing Platform for Action states, in paragraph 96, “The human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence.” The nonbinding document has been adopted by 189 countries at the United Nations Fourth World Conference on Women held in Beijing, China. It calls upon nations in which abortion remains illegal to reconsider laws that punish women, but does not specifically advocate the legalization of abortion.

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
* - Legal during 1st trimester only (exact date may vary)
# - 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 Demand
Algeria	Yes	#	#	No	No	No	No
Angola	*	No	No	No	No	No	No
Benin	Yes	No	No	No	No	No	No
Botswana	Yes	Yes	Yes	Yes	Yes	No	No
Burkina Faso	Yes	Yes	Yes	*	Yes	No	No
Burundi	Yes	Yes	?	No	No	No	No
Cameroon	Yes	Yes	?	Yes	No	No	No
Cape Verde	Yes	Yes	Yes	*	Yes	*	*
Central African Republic	Yes	No	No	No	No	No	No
Chad	Yes	No	No	No	No	No	No
Comoros	Yes	Yes	?	No	No	No	No
Congo (Brazzaville)	Yes	No	No	No	No	No	No
Congo (Kinshasa)	Yes	No	No	No	No	No	No
Djibouti	Yes	?	?	No	No	No	No
Egypt	Restricted	No	No	No	No	No	No
Equatorial Guinea	Yes	Yes	?	No	No	No	No
Eritrea	Yes	Yes	?	No	No	No	No
Ethiopia	Yes	Yes	?	No	No	No	No
Gabon	Yes	No	No	No	No	No	No
Gambia	Yes	Yes	Yes	No	No	No	No
Ghana	Yes	Yes	Yes	Yes	Yes	No	No
Guinea-Bissau	Yes	*	*	*	*	*	*
Kenya	Restricted	Restricted	Restricted	No	No	No	No
Lesotho	Yes	No	No	No	No	No	No
Liberia	Yes	Yes	Yes	Yes	Yes	No	No
Libya	Yes	No	No	No	No	No	No
Madagascar	Yes	No	No	No	No	No	No
Malawi	Restricted	No	No	No	No	No	No
Mali	Yes	No	No	No	No	No	No
Mauritania	Yes	No	No	No	No	No	No
Mauritius	Yes	No	No	No	No	No	No
Morocco	*	*	*	No	No	No	No
Mozambique	Yes	Yes	Yes	No	No	No	* (illegal, but selectively allowed) ^*
Namibia	Yes	Yes	Yes	Yes	Yes	No	No
Niger	Yes	No	No	No	No	No	No
Nigeria	Yes	Yes	Yes	No	No	No	No
Rwanda	Yes	Yes	Yes	No	No	No	No
São Tomé and Príncipe	*	No	No	No	No	No	No
Senegal	Yes	No	No	No	No	No	No
Seychelles	*	*	*	*	*	No	No
Sierra Leone	Yes	Yes	Yes	No	No	No	No
Somalia	Yes	No	No	No	No	No	No
South Africa	#	#	#	#	#	#	*
Sudan	Yes	No	No	Yes	No	No	No
Swaziland	Yes	No	No	No	No	No	No
Tanzania	Yes	Yes	Yes	No	No	No	No
Togo	*	?	?	?	?	No	No
Tunisia	*	*	*	*	*	*	*
Uganda	Yes	Yes	Yes	No	No	No	No
Zambia	Yes	Yes	Yes	No	Yes	Yes	No
Zimbabwe	Yes	Yes	No	Yes	Yes	No	No

Asia

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Afghanistan	Yes	No	No	No	No	No	No
Bangladesh	Yes	*	*	*	*	*	*
Bhutan	?	?	?	?	?	?	?
Cambodia	Yes	Yes	Yes	Yes	Yes	Yes	Yes
China	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Hong Kong	Yes	Yes	Yes	Yes	No	No	No
India	Yes	Yes	#	#	#	#	No
Indonesia	Yes	No	No	No	No	No	No
Japan	#	#	#	#	#	#	No
Kazakhstan	#	#	#	#	#	#	*
Kyrgyzstan	#	#	#	#	#	#	*
Laos	Yes	No	No	No	No	No	No
Malaysia	*	*	*	No	No	No	No
Mongolia	Restricted	Restricted	*	*	*	*	*
Myanmar	Yes	No	No	No	No	No	No
Nepal	Yes	Yes	Yes	Yes	Yes	*	*
North Korea	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Pakistan	Yes	Yes	Yes	No	No	No	No
Philippines	Yes	No	No	No	No	No	No
Singapore	Yes	Yes	Yes	#	#	#	#
South Korea	Restricted	Restricted	Restricted	Restricted	Restricted	Restricted	Restricted
Sri Lanka	Yes	No	No	No	No	No	No
Tajikistan	#	#	#	#	#	#	*
Thailand	Yes	Yes	Yes	Yes	No	No	No
Turkmenistan	#	#	#	#	#	#	*
Uzbekistan	#	#	#	#	#	#	*
Vietnam	Yes	Yes	Yes	Yes	Yes	Yes	Yes

Caribbean

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Antigua	*	No	No	No	No	No	No
Bahamas	Yes	Yes	Yes	?	?	No	No
Barbados	Yes	Yes	Yes	Yes	Yes	Yes	No
Cuba	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Dominican Republic	Yes	No	No	No	No	No	No
Grenada	Yes	Yes	Yes	No	No	No	No
Haiti	Yes	?	No	?	?	No	No
Jamaica	Restricted	Restricted	Restricted	No	No	No	No
Puerto Rico	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Saint Kitts	Yes	Yes	Yes	No	No	No	No
Saint Lucia	Yes	Yes	Yes	No	No	No	No
Saint Vincent and the Grenadines	Yes	Yes	Yes	Yes	Yes	Yes	No
Trinidad and Tobago	Yes	Yes	Yes	No	No	No	No

Europe

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Albania	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Andorra	Yes	No	No	No	No	No	No
Armenia	#	#	#	#	#	#	*
Austria	Yes	Yes	Yes	*	Yes	*	* (illegal, but not punished)
Azerbaijan	Yes	Yes	Yes	Yes	Yes	Yes	*
Belgium	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Belarus	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Bosnia and Herzegovina	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Bulgaria	Yes	#	*	*	Yes	*	*
Croatia	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Cyprus	Yes	Yes	Yes	Yes	Yes	?	No
Czech Republic	#	#	*	*	#	*	*
Denmark	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Estonia	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Finland	Yes	Yes	Yes	#	#	#	No
France	Yes	Yes	Yes	*	Yes	*	*
Georgia	#	#	#	#	#	#	*
Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Germany	Yes	Yes	*	Yes	Yes	*	* (illegal, but not punished)
Greece	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Hungary	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Iceland	Yes	Yes	Yes	Yes	Yes	Yes	No
Ireland	Yes	No	No	No	No	No	No
Italy	Yes	Yes	Yes	*	Yes	*	*
Latvia	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Liechtenstein	Yes	Yes	Yes	No	No	No	No
Lithuania	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Luxembourg	Restricted	Restricted	Restricted	Restricted	Restricted	Restricted	No
Macedonia (F.Y.R.)	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Malta	No	No	No	No	No	No	No
Moldova	Yes	Yes	Yes	Yes	Yes	Yes	*
Monaco	Yes	No	No	No	No	No	No
Netherlands	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Norway	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Poland	Yes	Yes	No	*	#	No	No
Portugal	*	*	*	*	*	No	No
Romania	Yes	Yes	*	*	*	*	*
Russia	#	#	#	#	#	#	*
Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
San Marino	Yes	No	No	No	No	No	No
Serbia and Montenegro	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Slovakia	#	#	*	#	#	*	*
Slovenia	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Spain	Yes	Yes	Yes	*	#	No	No
Sweden	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Switzerland	Yes	Yes	Yes	Yes	Yes	*	*
Turkey	Restricted	Restricted	Restricted	*	Restricted	*	*
Ukraine	#	#	#	#	#	#	*
United Kingdom	Yes	Yes	Yes	Yes	Yes	Yes	No
Vatican City	No	No	No	No	No	No	No

Middle East

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Bahrain	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Iran	Yes	No	No	No	No	No	No
Iraq	Restricted	No	No	No	Restricted	No	No
Israel	Yes	Yes	Yes	Yes	Yes	No	No
Jordan	Yes	Yes	Yes	No	No	No	No
Kuwait	Restricted	Restricted	Restricted	No	Restricted	No	No
Lebanon	Yes	No	No	No	No	No	No
Oman	Yes	No	No	No	No	No	No
Qatar	Yes	Yes	Yes	No	Restricted	No	No
Saudi Arabia	*	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

North & Central America

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Belize	Yes	Yes	Yes	No	Yes	Yes	No
Canada	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Costa Rica	Yes	Yes	?	No	No	No	No
El Salvador	No	No	No	No	No	No	No
Guatemala	Yes	No	No	No	No	No	No
Honduras	Restricted	No	No	No	No	No	No
Mexico	*	No	No	*	No	No	No
Nicaragua	Yes	?	No	No	No	No	No
Panama	Yes	Yes	No	*	Yes	No	No
United States	Yes	Yes	Yes	Yes	Yes	Yes	Varies

Australasia and Oceania

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Australia	Yes	Varies	Varies	Varies	Varies	Varies	Varies
Brunei	Yes	No	No	No	No	No	No
Cook Islands	Yes	Yes	Yes	No	No	No	No
Fiji	Yes	Yes	Yes	?	?	Yes	No
Kiribati	Yes	No	No	No	No	No	No
Maldives	Restricted	Restricted	No	No	No	No	No
Marshall Islands	Restricted	No	No	No	No	No	No
Micronesia	Yes	No	No	No	No	No	No
Nauru	Restricted	Restricted	Restricted	No	No	No	No
New Zealand	Yes	Yes	Yes	#	#	No	No
Niue	Yes	?	?	No	No	No	No
Palau	Yes	No	No	No	No	No	No
Papua New Guinea	*	*	*	No	No	No	No
Samoa	Yes	Yes	Yes	No	No	No	No
Solomon Islands	Restricted	No	No	No	No	No	No
Tonga	Yes	No	No	No	No	No	No
Tuvalu	Yes	No	No	No	No	No	No
Vanuatu	No	Yes	Yes	No	No	No	No

South America

Country	To Protect Woman's Life	Physical Health	Mental Health	Rape	Fetal Defects	Socio-economic factors	On Demand
Argentina	Yes	Yes	No	Restricted	No	No	No
Bolivia	Yes	Yes	?	Yes	No	No	No
Brazil	Yes	No	No	Yes	No	No	No
Chile	No	No	No	No	No	No	No
Colombia	Yes	Restricted	?	Yes	Restricted	No	No
Dominica	Yes	No	No	No	No	No	No
Ecuador	Yes	Yes	?	Restricted	No	No	No
Guyana	Yes	*	*	*	*	*	*
Paraguay	Yes	No	No	No	No	No	No
Peru	Yes	Yes	Yes	No	No	No	No
Suriname	Yes	No	No	No	No	No	No
Uruguay	Yes	Yes	*	*	No	*	No
Venezuela	Yes	No	No	No	No	No	No

Case law

Australia

R v Davidson (1969)

Canada

Morgentaler v. The Queen (1976)
R. v. Morgentaler (1988)
Borowski v. Canada (Attorney General) (1989)
Tremblay v. Daigle (1989)
R. v. Morgentaler (1993)

Germany

German Federal Constitutional Court abortion decision (1975)

Ireland

Attorney General v. X (1992)

United States

Roe v. Wade (1973)
Doe v. Bolton (1973)
H. L. v. Matheson (1981)
City of Akron v. Akron Center for Reproductive Health (1983)
Webster v. Reproductive Health Services (1989)
Hodgson v. Minnesota (1990)
Planned Parenthood v. Casey (1992)
Bray v. Alexandria Women's Health Clinic (1993)
Stenberg v. Carhart (2000)
McCorvey v. Hill (2004)
Ayotte v. Planned Parenthood of New England (2006)

References

Abortion Laws of the World. Annual Review of Population Law. Retrieved July 14, 2006.
United Nations Population Division. (2002). Abortion Policies: A Global Review. Retrieved July 14, 2006.
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.

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