Nowadays, few topics have been as widely debated as abortion, the medical procedure that ends a pregnancy. Whilst lots of women reclaim their right to safe abortions through the famous slogan “my body my choice”, the medical procedure still generates controversy around the globe , due to cultural, religious, and legal factors. Abortion laws can be indeed considered a reflection of a nation’s societal values, legal priorities, and public health policies. Their divergence across the globe highlights the ongoing skepticism around this topic and , overall, human rights. Approximately 73 million abortions occur annually worldwide (WHO); whilst countries with liberal abortion laws see safer procedures, others characterized by a restrictive frameworks often lead to higher unsafe abortion rates and maternal mortality. An unsafe abortion is defined as “a procedure for terminating an unintended pregnancy carried out either by persons lacking the necessary skills or in an environment that does not conform to minimal medical standards, or both.”(Lisa B Haddad, 2009) This article examines abortion laws from a comparative legal perspective, exploring global trends and differences.
In some countries, abortion is recognized as a healthcare right, sometimes even enshrined in their constitution. An example is France, which, with The Veil Act (Law 75–17 of 15 January 1975), declared abortion legal request until the tenth week of pregnancy. However, the most significant measure taken by France in regards of abortion was, on the condition of a 14 week limit, recognized abortion as a constitutional right just this year, becoming the first country in the world to explicitly include the right of abortion in its constitution. Although the progressive decision did not generate turmoil as both domestic politics and society have generally supported abortion rights, the measure was partly criticized in its effectiveness. Firstly, the amendment guarantees “freedom” rather than an explicit “right” to abortion, leaving its interpretation ambiguous. Secondly, its implementation depends on the national laws , which may still restrict access ; an example of this is the “conscience clause” enshrined in the French public health code, which allows doctors an nursing staff exercise their right to refuse to perform a medical act , abortion being one of them (Boulet, 2024). This also happens in other developed European countries such as Italy, where in five regions 80% of the gynaecologists refuse to perform this medical act (AKMALJON AKHMEDJONOV, 2023). This leads me to the next point; access to this medical procedure has become limited, depending on where you reside and your income. In fact, numerous abortions centres have been closed over the past few years; because of this, associated indirect costs can place a significant burden on women ,first one being travel and accommodations costs(Boulet, 2024). In this regard, there is no specific provision for paid leave during an abortion, meaning women lose their pay during the missing period(Boulet, 2024). Moreover, around Europe, abortions are often not covered by health insurance unless for medical necessity, forcing women to pay high out-of-pocket costs. In Romania for instance, abortions can cost upwards of €900 in private clinics, far exceeding the average monthly wage (AKMALJON AKHMEDJONOV, 2023). Therefore, also in liberal and developed frameworks like France where freedom of abortion is protected at a national level, or other European counties like Italy and Romania where, although lacking a constitutional provision, the practice is not explicitly forbidden, women asking for an abortion still face several restrictions.
In contrast, some countries enforce total bans on abortion, leading to higher mortality rates, as women may recur to illegal and unsafe abortion practices. For example, Honduras is famous for having some of the strictest abortion laws in the world, with the procedure completely banned since 1985 (Women and Foreign Policy Program Staff, 2024). In 2021, the country enshrined the ban in its constitution, making any future changes to abortion laws possible only with a supermajority of at least 75% in the National Congress. As a result, according to UN experts, an estimated 50,000 to 80,000 unsafe abortions occur annually in Honduras. Global estimates from 2010–2014 indicate that 45% of all induced abortions were unsafe, of which, one third were performed under the least safe conditions, i.e. by untrained persons using dangerous and invasive methods(Women and Foreign Policy Program Staff, 2024). Since Dobbs V Jackson Women’s Health Organization, the same problem is found in the United states of America; the 2022 judgement overthrew Roe and Casey, “deconstutionalizing” the right of abortion and leaving individual states the freedom to determine their own abortion laws. As a result, eighteen states so far have banned some or all access to abortion care. Not by chance, the United States have the highest maternal mortality rate among developed countries (Buchanan, 2022). According to a study conducted by the Commonwealth Fund, in the US maternal death rates were 62 percent higher in 2020 in abortion-restriction states than in abortion-access states (28.8 vs. 17.8 per 100,000 births). Maternal and infant deaths, particularly among marginalized groups, are expected to rise due to limited care options (BRIEFS, 2022). In this regard, let’s not forget that unsafe abortion practices can lead also to the death of the infant; in Texas, child mortality increased by 12.9% following its total abortion ban in 2022 , with infant deaths from congenital anomalies rising sharply compared to other states(BRIEFS, 2022). Looking at other studies, the states where researchers expect to see the highest increases in deaths in the event of state-level bans on all abortions are Florida (29 percent), Georgia (29 percent), and Michigan (25 percent) (Buchanan, 2022). Strangely enough, US doctors report difficulty responding to emergencies since Dobbs, having fewer medical residents are entering obstetrics in states with bans(BRIEFS, 2022).. Therefore, data accounts for the undeniable correlation between maternal mortality rates and states implementing a total band on abortion, due to unsafe medical practices and medical negligence.
Lastly, in some countries, even without explicitly providing an abortion ban, the medical practice is allowed only under strict conditions. Exemplar of this category is Poland; here abortion is allowed only in limited cases , namely rape, incest and health risks. However, even when falling in these categories, access to the procedure is very much restricted due to bureaucracy, doctor refusals, and stigma. This makes legal abortions almost inaccessible in practice. Also in Poland, these restrictive laws have forced many women to travel abroad to have legal abortions or seek private unsafe procedures, based on information from the UN human rights office(UN News, 2024). The government on the other hand, like many other countries adopting similar patterns such as Honduras, justifies its strict laws in the will to preserve its Catholic traditions and national identity(Bucholc, 2024). Embracing a wider perspective, this reflects an issue of sovereignty, which becomes even more problematic considering that Poland is part of the European Union; this has, in fact, led to regional criticism and tension. For instance, according to the UN Committee on the Elimination of Discrimination against Women (CEDAW) “ Poland’s abortion laws endanger women’s health and lives, cause mental and physical suffering, and constitute a gender-based violation against women”; the Committee also reports that most abortions in Poland are being carried out illegally and in unsafe conditions(UN News, 2024). Followingly, members of the European parliament have repeatedly urged the Polish government to implement safe and legal abortion access for all women, even calling for “ abortion to be enshrined in the EU Charter of Fundamental Rights “(UN News, 2024).
The Poland case shows that even in a “generally liberal” context like Europe, some countries may go against the grain, reflecting the frequently observed contrast between the recognition of human rights and national identity.
In conclusion, it cannot be said that reproductive rights are being left untouched all around the globe; even in the most developed countries like the United States women are forced to face long trips to get an abortion , often sacrificing their health and economic stability. In other countries, ambiguous legislation may severely limit the cases in which women can legally get an abortion, like it happens in France and, nearly always, in Poland. The latter case is indeed peculiar as, although theoretically the country allows abortion in specific cases, in practice women face similar struggles as in countries where abortion is totally forbidden. Yet in 2024 some countries reserve a total ban on abortion practices, mostly in Asia and Central Americas, putting women in even more dangerous conditions. Not by chance, especially in the latter two cases, maternal and infant mortality rates are expected to increase in the future. From a more cultural and political point of view, it is clear that abortion laws remains a divisive topic globally, stemming from each country’s traditions and legal priorities. This divergence underscores broader tensions between national sovereignty and universal human rights, more progressive frameworks to more conservative ones.
Despite the divergences and difficulties, in my point of view, supranational institutions and ,overall, the international community should act with urgency on this medical, social and specifically human rights issue. Whilst it is understandable that countries preserve their domestic sovereignty and ideologies , it should be common knowledge that the health and dignity of women from all backgrounds should be protected, guaranteeing access to safe and legal reproductive care worldwide.
Bibliography
AKMALJON AKHMEDJONOV, B. B. (2023, July 1). POLITICO. Tratto da Europe’s growing abortion nightmare: https://www.politico.eu/article/europes-growing-abortion-nightmare/
Boulet, L. (2024, April 2). https://voelkerrechtsblog.org/. Tratto da Impact of a Constitutionally Recognized Right to Abortion Analysis of the French Case : https://voelkerrechtsblog.org/impact-of-a-constitutionally-recognized-right-to-abortion/
BRIEFS, I. (2022, December 14). The U.S. Maternal Health Divide: The Limited Maternal Health Services and Worse Outcomes of States Proposing New Abortion Restrictions. Tratto da The Commonwealth Fund: https://www.commonwealthfund.org/publications/issue-briefs/2022/dec/us-maternal-health-divide-limited-services-worse-outcomes
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Women and Foreign Policy Program Staff. (2024, March 7). Council on Foreign Relations . Tratto da Abortion Law: Global Comparisons : https://www.cfr.org/article/abortion-law-global-comparisons
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