Abortion law
Encyclopedia
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), due to unavailability of modern contraceptives in areas where abortion is illegal. The number of abortions worldwide is declining due to increased access to contraception according to WHO. 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 law
s vary widely by country, ranging from those in Chile
, El Salvador
, Nicaragua
, the Dominican Republic
, Malta
, Uruguay
and Vatican City
, which ban the procedure entirely, 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.
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. 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 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.
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.
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.
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
: 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]).
Bangladesh
Chancery Law Chronicles- First Bangladesh Online Case Law Database http://www.clcbd.org
Canada
Germany
Ireland
United States
European Court of Human Rights
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
which pertains to the provision of abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. Abortion has been a controversial subject
Abortion debate
The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
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
World Health Organization
The World Health Organization is a specialized agency of the United Nations that acts as a coordinating authority on international public health. Established on 7 April 1948, with headquarters in Geneva, Switzerland, the agency inherited the mandate and resources of its predecessor, the Health...
(WHO), due to unavailability of modern contraceptives in areas where abortion is illegal. The number of abortions worldwide is declining due to increased access to contraception according to WHO. 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
Social
The term social refers to a characteristic of living organisms...
, economic or personal reasons. Abortion law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s vary widely by country, ranging from those in Chile
Abortion in Chile
Abortion in Chile is illegal without exception. The Chilean abortion law is considered one of the most restrictive in the world.-Legal background:...
, El Salvador
Abortion in El Salvador
Abortion in El Salvador is illegal. The law formerly permitted an abortion to be performed under some limited circumstances, but, in 1998, all exceptions were removed when a new abortion law went into effect.-History of Salvadoran abortion law:...
, Nicaragua
Abortion in Nicaragua
Abortion in Nicaragua is completely illegal. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect.-Abortion law in Nicaragua:...
, the Dominican Republic
Abortion in the Dominican Republic
Abortion in the Dominican Republic has been prohibited since September 18, 2009, when a constitutional amendment declaring the right to life as "inviolable from conception until death" was approved in Congress by a majority vote of 128 to 34....
, Malta
Abortion in Malta
Abortion in Malta is illegal.The Criminal Code states: “ Whosoever, by any food, drink, medicine, or by violence, or by any other means whatsoever, shall cause the miscarriage of any woman with child, whether the woman be consenting or not, shall, on conviction, be liable to imprisonment for a term...
, Uruguay
Abortion in Uruguay
Abortion in Uruguay is illegal in all cases.The punishment for having an abortion is 3 to 12 months in prison, while performing an abortion is punishable by 6 to 24 months in prison. A judge may mitigate the pregnant woman's sentence in certain circumstances. These include economic hardship, risk...
and Vatican City
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
, which ban the procedure entirely, to those in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, which restrict abortion after the point of fetal viability, and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, which has removed abortion from the Criminal Code.
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
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, abortion was illegal anytime after quickening
Quickening
Quickening is the earliest perception of fetal movement by a mother during pregnancy Quickening may also refer to:* Quickening , Final Fantasy XIIs incarnation of "Limit Breaks"...
– when the movements of the fetus could first be felt by the woman. Under the born alive rule
Born alive rule
The "born alive" rule is a legal principle that holds that various aspects of the criminal law, such as the statutes relating to homicide and to assault, apply only to a child that is "born alive"...
, the fetus was not considered a "reasonable being" in rerum natura; and abortion was not treated as murder in English law
Murder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another either intending to cause death or intending to cause serious injury .-Actus reus:The definition of the actus reus Murder is an offence under the...
.
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. 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
Henry Morgentaler
Henry Morgentaler, CM is a Canadian physician and prominent pro-choice advocate who has fought numerous legal battles for that cause.-Early life:...
, 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
Vladimir Lenin
Vladimir Ilyich Lenin was a Russian Marxist revolutionary and communist politician who led the October Revolution of 1917. As leader of the Bolsheviks, he headed the Soviet state during its initial years , as it fought to establish control of Russia in the Russian Civil War and worked to create a...
, the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
legalized all abortions in 1920, but this was fully reversed in 1936 by Joseph Stalin
Joseph Stalin
Joseph Vissarionovich Stalin was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. He was among the Bolshevik revolutionaries who brought about the October Revolution and had held the position of first General Secretary of the Communist Party of the Soviet Union's Central Committee...
in order to increase population growth. In the 1930s, several countries (Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
) legalized abortion in some special cases (rape, threat to mother's health, fetal malformation). In 1948 abortion was legalized in Japan, 1952 in Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
(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 in the 1950s and 1960s in Western countries resulted in comparatively few statutory changes on abortion law. In Great Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the Abortion Act of 1967
Abortion Act 1967
The Abortion Act 1967 is an Act of the Parliament of the United Kingdom legalising abortions by registered practitioners, and regulating the free provision of such medical practices through the National Health Service ....
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
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
(1969), the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(1973 in most states, pursuant to the federal Supreme Court decision which legalized abortion nationwide), Tunisia
Tunisia
Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
(1973), France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
(1975), Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
(1975), New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
(1977), Italy (1978), the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(1980) and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
(1990). However, these countries vary greatly in the circumstances under which abortion is permitted. In 1975, the West German Supreme Court struck down
German Federal Constitutional Court abortion decision
The Federal Constitutional Court of Germany first addressed the issue of abortion in 1975, two years after Roe v. Wade, in a decision reported at BVerfGE 39,1, holding that respect for human dignity requires the criminalization of abortion if it is not justified by imperative reasons called...
a law legalizing abortion, holding that they contradict the constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
'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.
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 lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
due to the issue that state sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
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.
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). Abortion rates are very difficult to measure in locations where those abortions are illegal, and pro-life groups have criticized researchers for allegedly jumping to conclusions about those numbers. According to the Guttmacher InstituteGuttmacher Institute
The Guttmacher Institute is a non-profit organization which works to advance sexual and reproductive health. The institute operates in the United States and globally "through an interrelated program of social science research, policy analysis and public education." According to their mission...
and the United Nations Population Fund
United Nations Population Fund
The United Nations Population Fund is a UN organization. The work of the UNFPA involves promotion of the right of every woman, man and child to enjoy a life of health and equal opportunity. This is done through major national and demographic surveys and with population censuses...
, 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.
The following series of tables present the current abortion legislation of the world's nations as divided by continent
Continent
A continent is one of several very large landmasses on Earth. They are generally identified by convention rather than any strict criteria, with seven regions commonly regarded as continents—they are : Asia, Africa, North America, South America, Antarctica, Europe, and Australia.Plate tectonics is...
. Actual access to abortion may vary significantly on the basis of geography
Geography
Geography is the science that studies the lands, features, inhabitants, and phenomena of Earth. A literal translation would be "to describe or write about the Earth". The first person to use the word "geography" was Eratosthenes...
, income, cost, health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
, 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
Paternal rights and abortion
The paternal rights and abortion issue is an extension of both the abortion debate and the fathers' rights movement. Countries recognizing father's legal rights on abortion have laws requiring that the male who impregnated the pregnant female either consent or be informed before she has an...
or parental notification
Parental notification (abortion)
-Canada:In Canada, abortion care is subject to general medical legislation, as there are no special laws regulating abortion. Access varies by province and by region; though there are no legal restrictions to abortion...
.
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
| Country | To protect woman's life | Physical health | Mental health | Rape | Fetal defects | Socio-economic factors | On request |
|---|---|---|---|---|---|---|---|
 Algeria |
Yes | 2nd | 2nd | No | No | No | No |
 Angola |
1st | No | No | No | No | No | No |
 Benin |
Yes | No | ? | Yes | Yes | No | No |
 Botswana |
Yes | Yes | Yes | Yes | Yes | No | No |
 Burkina Faso |
Yes | Yes | Yes | 1st | Yes | No | No |
 Burundi |
Yes | Yes | ? | No | No | No | No |
 Cameroon |
Yes | Yes | ? | Yes | No | No | No |
 Cape Verde |
Yes | Yes | Yes | 1st | Yes | 1st | 1st |
 Central African Republic |
Yes | No | No | No | No | No | No |
 Chad |
Yes | Yes | ? | No | Yes | No | No |
 Comoros |
Yes | Yes | ? | No | No | No | No |
 Republic of the Congo |
Yes | No | No | No | No | No | No |
 Democratic Republic of the Congo |
Yes | No | No | No | No | No | No |
 Côte d'Ivoire |
Yes | No | No | No | No | No | No |
 Djibouti |
Yes | ? | ? | No | No | No | No |
 Egypt |
Yes | No | No | No | No | No | No |
 Equatorial Guinea |
Yes | Yes | ? | No | No | No | No |
 Eritrea |
Yes | Yes | ? | No | No | No | No |
 Ethiopia |
Yes | Yes | Yes | Yes | Yes | No | No |
 Gabon |
Yes | No | No | No | No | No | No |
 The Gambia |
Yes | Yes | Yes | No | No | No | No |
 Ghana |
Yes | Yes | Yes | Yes | Yes | No | No |
 Guinea |
Yes | Yes | Yes | Yes | Yes | No | No |
 Guinea-Bissau |
Yes | 1st | 1st | 1st | 1st | 1st | 1st |
 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 | Yes | No | Yes | Yes | No | No |
 Madagascar |
Yes | No | No | No | No | No | No |
 Malawi |
Restricted | No | No | No | No | No | No |
 Mali |
Yes | No | No | Yes | No | No | No |
 Mauritania |
Yes | No | No | No | No | No | No |
 Mauritius |
Yes | No | No | No | No | No | No |
 Morocco |
1st | 1st | 1st | No | No | No | No |
 Mozambique |
Yes | Yes | Yes | No | No | No | 1st (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 |
1st | No | No | No | No | No | No |
 Senegal |
Yes | No | No | No | No | No | No |
 Seychelles |
1st | 1st | 1st | 1st | 1st | No | No |
 Sierra Leone |
Yes | Yes | Yes | No | No | No | No |
 Somalia |
Yes | No | No | No | No | No | No |
 South Africa (detailsAbortion in South Africa Abortion in South Africa was legal for very limited reasons until 1997, when the Choice on Termination of Pregnancy Act was passed, providing abortion on demand for a variety of cases.- Public opinion and political motives :... ) |
Yes | 2nd | 2nd | 2nd | Yes | 2nd | 1st |
 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 |
1st | ? | ? | ? | ? | No | No |
 Tunisia |
Yes | 1st | 1st | 1st | 1st | 1st | 1st |
 Uganda |
Yes | Yes | Yes | No | No | No | No |
 Western Sahara |
? | ? | ? | ? | ? | ? | ? |
 Zambia |
Yes | Yes | Yes | No | Yes | Yes | No |
 Zimbabwe |
Yes | Yes | No | Yes | Yes | No | No |
East
| 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 |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Mainland China |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Hong Kong |
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 (detailsAbortion in Japan Abortion is de facto legal in Japan, with some limitations.Approved doctors can practice abortion to anyone who requests it, under the name of Socioeconomic Abortion stated in Maternal Health Protection Law... ) |
Yes | Yes | Yes | Yes | Yes | Yes | Yes (de facto De facto De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or... under socio-economic factors) |
| |Yes | Yes | Yes | Yes | Yes | Yes | Yes | |
| Yes | Yes | Yes | Yes | No | No | No (but illegal abortions, in this regard, 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 (detailsAbortion in the Philippines The basic status of Abortion in the Philippines is that it is illegal, or banned by rule of law.- Legal basis for Philippine abortion ban :Article II of the 1987 Philippine Constitution says, in part, "Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the... ) |
Yes | No | No | No | No | No | No |
 Singapore |
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 |
 Republic of China |
Yes | Yes | Yes | Yes | Yes | Yes | Law is unclear |
 Vietnam |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Central and South
| 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 |
Yes | No | No | No | No | No | No |
 India (detailsAbortion in India -Legal status:As per India’s abortion laws only qualified doc stipulated conditions, can perform abortion on a woman in an approved clinic or hospital. The Indian abortion laws fall under the Medical Termination of Pregnancy Act, which was enacted by the Indian Parliament in the year 1971... ) |
Yes | Yes | 2nd | 2nd | 2nd | 2nd | Yes |
 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 |
West
| 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 (detailsAbortion in Iran Abortion in Iran has been the subject of controversy for many years.In 1978 abortion was first legalized.In April 2005, the Iranian Parliament approved a new bill easing the conditions by also allowing abortion in certain cases when the foetus shows signs of handicap,and the Council of Guardians... ) |
Yes | No | No | No | Yes | No | No |
 Iraq |
Yes | No | No | No | No | No | No |
 Israel (detailsAbortion in Israel Abortion in Israel is legal under certain circumstances, subject to the approval of a committee for pregnancy termination.-1977 penal code:Clauses 312-321 of the 1977 penal code limit the circumstances when an abortion is legal in Israel... ) |
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 |
Western
| Country | To protect woman's life | Physical health | Mental health | Rape | Fetal defects | Socio-economic factors | On request |
|---|---|---|---|---|---|---|---|
 Andorra (detailsAbortion in Andorra Abortion in Andorra is banned except in cases where it is necessary to save the life of a pregnant woman.A woman who performs an abortion on herself or gives consent to another person to perform an abortion is subject to up two and a half years imprisonment... ) |
Yes | No | No | No | No | No | No |
 Austria (detailsAbortion in Austria Abortion in Austria has been fully legalized since January 23, 1974. Abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded twelve weeks... ) |
Yes | Yes | Yes | 1st | Yes | 1st | 1st |
 Belgium (detailsAbortion in Belgium Abortion in Belgium was fully legalized on April 4, 1990. Abortion is legal until the twelfth week of pregnancy, and it is required for women to have six days of counseling prior to the abortion and to check in with her doctor to monitor her health in the weeks after the procedure... ) |
Yes | 1st | 1st | 1st | Yes | 1st | 1st |
 Denmark(detailsAbortion in Denmark Abortion in Denmark was fully legalized on October 1, 1973, allowing the procedure to be done on-demand if a woman's pregnancy has not exceeded its twelfth week... ) |
1st | 1st | 1st | 1st | 1st | 1st | 1st |
 Faroe Islands |
2nd | No | No | 2nd | 2nd | No | No |
 Finland (detailsAbortion in Finland Abortion in Finland was illegal until 1950, when the Parliament of Finland decriminalized abortions when performed to preserve the physical or mental health of the woman, in cases where it could be determined if the child would be handicapped, or if the pregnancy resulted from rape... ) |
Yes | Yes | Yes | 2nd | 2nd | 2nd | (de facto) Yes; (de jure) No (consult details, colour map) |
 Early Modern France (detailsAbortion in France Abortion is legal on-request in France in the first 12 weeks of pregnancy . Abortion has been decriminalized since the passage of the Veil Law in 1975. Abortion had been criminalized in France with the imposition of the Napoleonic Code... ) |
Yes | Yes | Yes | 1st | Yes | 1st | 1st |
 Germany (detailsAbortion in Germany Abortion in Germany is technically permitted in the first trimester upon condition of mandatory counseling and a waiting period, and in rare exceptional cases afterwards.-History:... ) |
Yes | Yes | Yes | 1st | 1st | 1st | (de facto) yes; (de jure) no |
 Guernsey |
|||||||
 Iceland (detailsAbortion in Iceland Iceland was the second country in the world, after Russia in 1920, to legalise abortion in 1935.... ) |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Republic of Ireland (details) |
(de jure) Yes; (de facto) No | No | No | No | No | No | No |
 Italy (detailsAbortion in Italy Abortion in Italy became legal in May 1978, when Italian women were allowed to terminate a pregnancy on demand during the first 90 days. Although a proposal to repeal the law was considered in a 1981 national referendum, it was rejected by nearly 68% of voters; however, another referendum, this one... ) |
Yes | 1st | 1st | 1st | 2nd | 1st | 1st |
 Jersey |
|||||||
 Liechtenstein (detailsAbortion in Liechtenstein Abortion in Liechtenstein is legal during the first 12 weeks of pregnancy. Liechtenstein legalized abortion via referendum in 2005.-External links: Yahoo! News... ) |
1st | 1st | 1st | 1st | 1st | 1st | 1st |
 Luxembourg |
Yes | Restricted | Restricted | Restricted | Restricted | Restricted (under discussion) | No |
 Malta (detailsAbortion in Malta Abortion in Malta is illegal.The Criminal Code states: “ Whosoever, by any food, drink, medicine, or by violence, or by any other means whatsoever, shall cause the miscarriage of any woman with child, whether the woman be consenting or not, shall, on conviction, be liable to imprisonment for a term... ) |
(de facto) yes; (de jure) no; consult details | (de facto) 1st; (de jure) no; consult details | No | (de facto) 1st; (de jure) | (de facto) heavily restricted; (de jure) No | No | No |
 Monaco (detailsAbortion in Monaco Abortion in Monaco is only allowed in cases of rape, fetal deformity or illness, or fatal danger to the mother. The most recent abortion legislation was enacted on 8 April 2009; before then Monaco had one of the strictest abortion laws in Europe, only allowing the procedure if there was a risk of... ) |
Yes | No | No | Yes | Yes | No | No |
 Netherlands (detailsAbortion in the Netherlands Abortion in the Netherlands was fully legalized on November 1, 1984, allowing abortions to be done on-demand until the twenty-first week. Cases which involve urgent medical attention can be aborted until the twenty-fourth week. There is a five-day waiting period for abortions.- History :Abortion... ) |
2nd | 2nd | 2nd | 2nd | 2nd | 2nd | 2nd |
 Norway (detailsAbortion in Norway The legality of and public opinion toward abortion in Norway has changed dramatically in the last 100 years. Current Norwegian legislation and public health policy provides for abortion on demand in the first 12 weeks of gestation, by application up to the 18th week, and only under special... ) |
1st | 1st | 1st | 1st | 1st | 1st | 1st |
 Northern Ireland(detailsAbortion in the United Kingdom Abortion has been legal on a wide number of grounds in England and Wales and Scotland since the Abortion Act 1967 was passed. At the time, this legislation was one of the most liberal laws regarding abortion in Europe... ) |
Yes | Yes | Yes | No | No | No | No |
 Portugal (detailsAbortion in Portugal Abortion in Portugal was legalized on April 10, 2007, allowing the procedure to be done on-demand if a woman's pregnancy has not exceeded its tenth week... ) |
Yes | Yes | Yes | 2nd | 2nd | 1st | 1st |
 San Marino |
Yes | No | No | No | No | No | No |
 Spain(detailsAbortion in Spain Abortion in Spain was fully legalized on July 5, 2010. It is currently available on request during the first trimester.It was available in a restricted form from July 5, 1985... ) |
2nd (22nd week) | 1st | 1st | 2nd (22nd week) | 1st | 1st | 1st |
 Sweden (detailsAbortion in Sweden Abortion in Sweden was first legislated by the Abortion Act of 1938. This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds... ) |
2nd (18th week) | 2nd (18th week) | 2nd (18th week) | 2nd (18th week) | 2nd (18th week) | 2nd (18th week) | 2nd (18th week) |
 Switzerland (detailsAbortion in Switzerland Abortion in Switzerland is legal during the first trimester, upon condition of counseling, for women who state that they are in distress. It is also legal with medical indications – threat of severe physical or psychological damage to the woman – at any later time. Persons performing illegal... ) |
Yes | Yes | Yes | Yes | Yes | 1st | 1st |
 United Kingdom (excluding Northern Ireland; detailsAbortion in the United Kingdom Abortion has been legal on a wide number of grounds in England and Wales and Scotland since the Abortion Act 1967 was passed. At the time, this legislation was one of the most liberal laws regarding abortion in Europe... ) |
Yes | Yes | Yes | Yes | Yes | Yes | 2nd (de facto yes, de jure no (with exceptions)) |
 Vatican City |
No | No | No | No | No | No | No |
Eastern
| Country | To protect woman's life | Physical health | Mental health | Rape | Fetal defects | Socio-economic factors | On request |
|---|---|---|---|---|---|---|---|
 Albania |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Armenia |
2nd | 2nd | 2nd | 2nd | 2nd | 2nd | 1st |
 Azerbaijan |
Yes | Yes | Yes | Yes | Yes | Yes | 1st |
 Belarus |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Bosnia and Herzegovina |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Kingdom of Bulgaria |
Yes | 2nd | 1st | 1st | Yes | 1st | 1st |
 Independent State of Croatia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Cyprus |
Yes | Yes | Yes | Yes | Yes | ? | No |
 Czech Republic (detailsAbortion in the Czech Republic Abortion in the Czech Republic is legally allowed up to 12 weeks of pregnancy, with medical indications up to 24 weeks of pregnancy, in case of grave problems with fetus at any time. Those performed for medical indications are covered by public health insurance, but, otherwise abortion is... ) |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Estonia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Georgia (country) |
2nd | 2nd | 2nd | 2nd | 2nd | 2nd | 1st |
 Greece(detailsAbortion in Greece Abortion in Greece has been fully legalized since January 27, 1984. Abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded twelve weeks. In the case of rape or incest, an abortion can occur as late as nineteen weeks, and as late as twenty-four weeks in the... ) |
Yes | Yes | Yes | 2nd | 2nd | 1st | 1st |
 Hungary |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Latvia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Lithuania |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Republic of Macedonia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Moldova |
Yes | Yes | Yes | Yes | Yes | Yes | 1st |
 Kingdom of Montenegro |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Poland (detailsAbortion in Poland Abortion in Poland is banned except in the following three circumstances.# When the woman's life or health is endangered by the continuation of pregnancy,# When the pregnancy is a result of a criminal act, or# When the fetus is seriously malformed... ) |
Yes | Yes | No | 1st | 2nd | No | No |
 Kingdom of Romania (detailsAbortion in Romania Abortion in Romania is legal during the first 14 weeks of the pregnancy. Abortions during later stages of pregnancy are legal only when the woman's life is at risk... ) |
Yes | Yes | 1st | 1st | 1st | 1st | 1st |
 Russia (detailsAbortion in Russia Abortion in Russia is currently legal up to the 12th week of pregnancy. In 1920, Russia became the first country in the world to allow abortion in all circumstances, but, over the course of the 20th century, the legality of abortion changed more than once, with a ban being enacted again from 1936... ) |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Serbia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Slovakia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Slovenia |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Turkey |
Yes | Yes | 1st | 1st | Yes | 1st | 1st |
 Ukraine |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
North and Central America
| Country | To protect woman's life | Physical health | Mental health | Rape | Fetal defects | Socio-economic factors | On request |
|---|---|---|---|---|---|---|---|
 Antigua and Barbuda |
1st | No | No | No | No | No | No |
 The Bahamas |
Yes | Yes | Yes | ? | ? | No | No |
 Barbados |
Yes | Yes | Yes | Yes | Yes | Yes | No |
 Belize |
No | No | No | No | No | No | No |
 Canada (detailsAbortion in Canada Abortion in Canada is not limited by the law . While some non-legal obstacles exist, Canada is one of only a few nations with no legal restrictions on abortion. Regulations and accessibility vary between provinces.... ) |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
 Costa Rica |
Yes | Yes | ? | No | No | No | No |
 Cuba |
1st | 1st | 1st | 1st | 1st | 1st | 1st |
 Dominica |
Yes | No | No | No | No | No | No |
 Dominican Republic (detailsAbortion in the Dominican Republic Abortion in the Dominican Republic has been prohibited since September 18, 2009, when a constitutional amendment declaring the right to life as "inviolable from conception until death" was approved in Congress by a majority vote of 128 to 34.... ) |
No | No | No | No | No | No | No |
 El Salvador (detailsAbortion in El Salvador Abortion in El Salvador is illegal. The law formerly permitted an abortion to be performed under some limited circumstances, but, in 1998, all exceptions were removed when a new abortion law went into effect.-History of Salvadoran abortion law:... ) |
No | No | No | No | No | No | No |
 Grenada |
Yes | Yes | Yes | No | No | No | No |
 Guatemala (detailsAbortion in Guatemala Abortion in Guatemala was illegal without exception prior to 1973. Congressional Decree 17-73 altered the penal code to allow abortion in cases in which the pregnant woman's life is endangered in September 1973... ) |
Yes | No | No | No | No | No | No |
 Haiti |
Yes | ? | No | ? | ? | No | No |
 Honduras |
Restricted | No | No | No | No | No | No |
 Jamaica |
Restricted | Restricted | Restricted | No | No | No | No |
 Mexico (detailsAbortion in Mexico Abortion is a controversial issue in Mexico, where it is offered on request to any woman up to twelve weeks into a pregnancy in Mexico City, but forbidden in 18 out of 31 Mexican state constitutions... ) |
Varies | Varies | Varies | Varies | Varies | Varies | Varies |
 Nicaragua (detailsAbortion in Nicaragua Abortion in Nicaragua is completely illegal. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect.-Abortion law in Nicaragua:... ) |
No | No | No | No | No | No | No |
 Panama |
Yes | Yes | No | 1st | Yes | No | No |
 Saint Kitts and Nevis |
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 |
 United States (detailsAbortion in the United States Abortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973... ) |
Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Oceania
| Country | To protect woman's life | Physical health | Mental health | Rape | Fetal defects | Socio-economic factors | On request |
|---|---|---|---|---|---|---|---|
 Australia (detailsAbortion in Australia Abortion in Australia is a subject of state law rather than national law. The grounds on which abortion is permitted in Australia vary from state to state. In every state, abortion is legal to protect the life and health of the woman, though each state has a different definition.There is no law... ) |
Varies | Varies | Varies | Varies | Varies | Varies | Varies |
 Cook Islands |
Yes | Yes | Yes | No | No | No | No |
 Fiji |
Yes | Yes | Yes | ? | ? | Yes | No |
 Kiribati |
Yes | No | No | No | No | No | No |
 Marshall Islands |
Restricted | No | No | No | No | No | No |
 Federated States of Micronesia |
Yes | No | No | No | No | No | No |
 Nauru |
Restricted | Restricted | Restricted | No | No | No | No |
 New Zealand (detailsAbortion in New Zealand Abortion in New Zealand is currently legal in cases where the pregnant woman faces a danger to her life, physical or mental health, or if there is a risk of the fetus being handicapped, in the event of the continuation of her pregnancy... ) |
Yes | Yes | Yes | No | Yes | No | No (de facto) |
 Niue |
Yes | ? | ? | No | No | No | No |
 Palau |
Yes | No | No | No | No | No | No |
 Papua New Guinea |
Restricted | Restricted | Restricted | 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 |
No | No | No | No | No | No | No |
 Vanuatu |
Yes | 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 request |
|---|---|---|---|---|---|---|---|
 Argentina (detailsAbortion in Argentina Abortion in Argentina is strictly limited by law. Until 2007 there were no confirmed figures of performed abortions; health authorities estimated 500,000 per year , in most cases presumably illegal and often outside proper sanitary conditions. Around 80,000 patients per year are hospitalized due to... ) |
Yes | Restricted | No | Restricted | No | No | No |
 Bolivia |
Yes | Yes | ? | Yes | No | No | No |
 Brazil (detailsAbortion in Brazil Abortion can only be legally performed in Brazil if the pregnancy puts the life of the woman in danger or if the pregnancy is the result of a rape. The punishment for a woman which performs an abortion on herself or consents to an abortion performed by another outside these legal exceptions is... ) |
Yes | No | No | Yes | No | No | No |
 Chile (detailsAbortion in Chile Abortion in Chile is illegal without exception. The Chilean abortion law is considered one of the most restrictive in the world.-Legal background:... ) |
No | No | No | No | No | No | No |
 Colombia |
Yes | Yes | Yes | Yes | Yes | No | No |
 Ecuador |
Yes | Yes | Yes | Restricted | No | No | No |
 Guyana |
Yes | Yes | Yes | Yes | 1st | 1st | 1st |
 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(detailsAbortion in Uruguay Abortion in Uruguay is illegal in all cases.The punishment for having an abortion is 3 to 12 months in prison, while performing an abortion is punishable by 6 to 24 months in prison. A judge may mitigate the pregnant woman's sentence in certain circumstances. These include economic hardship, risk... ) |
No | No | No | No | No | No | No |
 Venezuela |
Yes | No | No | No | No | No | No |
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 addition, another 44 of the 152 most populous countries generally banned late-term abortions after a particular gestational ageGestational age
Gestational age relates to the age of an embryo or fetus . There is some ambiguity in how it is defined:*In embryology, gestational age is the time elapsed since conception. This interval is also termed fertilisation 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
AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
- R v DavidsonR v DavidsonR v Davidson, also known as the Menhennitt ruling, was a significant ruling delivered in the Supreme Court of Victoria on 26 May 1969. It concerned the legality of abortion in the Australian state of Victoria...
(1969)
Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
Chancery Law Chronicles- First Bangladesh Online Case Law Database http://www.clcbd.org
Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
- Abortion trial of Emily StoweAbortion trial of Emily StoweThe abortion trial of Emily Stowe was a famous early Canadian judicial decision on abortion in Canada. The case involved Dr. Emily Stowe, one of Canada's first female doctors. Stowe was acquitted, which was a rare outcome for abortion trials in the nineteenth century.-Background:The case began...
(1879) - Azoulay v. The QueenAzoulay v. The QueenAzoulay v. The Queen, [1952] 2 S.C.R. 495 was a decision by the Supreme Court of Canada on abortion in Canada. The Court found that with evidence so complicated, a judge should summarize it to a jury.-Background:...
(1952) - Morgentaler v. The QueenMorgentaler v. The QueenMorgentaler v. The Queen, [1976] 1 S.C.R. 616 is a famous decision of the Supreme Court of Canada where Henry Morgentaler unsuccessfully challenged the prohibition of abortion in Canada under the Criminal Code. The Court found the abortion law was appropriately passed by Parliament under the laws...
(1976) - R. v. MorgentalerR. v. MorgentalerR. v. Morgentaler [1988] 1 S.C.R. 30 was a decision of the Supreme Court of Canada wherein the abortion provision in the Criminal Code of Canada was found to be unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to "security of person"...
(1988) - Borowski v. Canada (Attorney General)Borowski v. Canada (Attorney General)Borowski v. Canada , [1989] 1 S.C.R. 342 is the leading Supreme Court of Canada decision on mootness of an appealed legal issue. The Court declined to decide whether the fetus had a right to life under sections 7 and 15 of the Canadian Charter of Rights and Freedoms...
(1989) - Tremblay v. DaigleTremblay v. DaigleTremblay v. Daigle [1989] 2 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law...
(1989) - R. v. Morgentaler (1993)R. v. Morgentaler (1993)R. v. Morgentaler [1993] 3 S.C.R. 463, was a decision by the Supreme Court of Canada invalidating a provincial attempt to regulate abortions in Canada. This followed the 1988 decision R. v. Morgentaler, which had struck down the federal abortion law as a breach of section 7 of the Canadian Charter...
Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
- German Federal Constitutional Court abortion decisionGerman Federal Constitutional Court abortion decisionThe Federal Constitutional Court of Germany first addressed the issue of abortion in 1975, two years after Roe v. Wade, in a decision reported at BVerfGE 39,1, holding that respect for human dignity requires the criminalization of abortion if it is not justified by imperative reasons called...
(1975)
Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
- Attorney General v. XAttorney General v. XAttorney General v. X was a 1992 Irish Supreme Court case which established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnancy, including the risk of suicide....
(1992)
United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
- Roe v. WadeRoe v. WadeRoe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
(1973) - Doe v. BoltonDoe v. BoltonDoe v. Bolton, 410 U.S. 179 , was a landmark decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade, 410 U.S...
(1973) - H. L. v. MathesonH. L. v. MathesonH. L. v. Matheson, 450 U.S. 398 was a United States Supreme Court abortion rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty.-External links:*...
(1981) - City of Akron v. Akron Center for Reproductive HealthCity of Akron v. Akron Center for Reproductive HealthCity of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 , was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence...
(1983) - Webster v. Reproductive Health ServicesWebster v. Reproductive Health ServicesWebster v. Reproductive Health Services, 492 U.S. 490 , was a United States Supreme Court decision on July 3, 1989 upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions...
(1989) - Hodgson v. MinnesotaHodgson v. MinnesotaHodgson v. Minnesota, 497 U.S. 417 , was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative.-Issue:The case concerned a Minnesota law...
(1990) - Planned Parenthood v. CaseyPlanned Parenthood v. CaseyPlanned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...
(1992) - Bray v. Alexandria Women's Health ClinicBray v. Alexandria Women's Health ClinicBray v. Alexandria Women's Health Clinic, was a United States abortion rights case , which affirmed that Ku Klux Klan Act of 1871 could not be used to halt blockades of abortion clinics.-See also:...
(1993) - Stenberg v. CarhartStenberg v. CarhartStenberg v. Carhart, 530 U.S. 914 , is a case heard by the Supreme Court of the United States dealing with a Nebraska law which made performing partial-birth abortion illegal, except where necessary to save the life of the mother. Nebraska physicians who performed the procedure contrary to the law...
(2000) - McCorvey v. HillMcCorvey v. HillMcCorvey v. Hill, 385 F.3d 846 , was a case in which the principal original litigant in Roe v. Wade, Norma McCorvey, also known as 'Jane Roe', requested the overturning of Roe. The U.S...
(2004) - Ayotte v. Planned Parenthood of New EnglandAyotte v. Planned Parenthood of New EnglandAyotte v. Planned Parenthood of Northern New England, 546 U.S. 320 , was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against...
(2006) - Gonzales v. CarhartGonzales v. CarhartGonzales v. Carhart, 550 U.S. 124 , is a United States Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General Alberto Gonzales appealed a ruling of the United States Court of Appeals for the Eighth Circuit in favor of...
(2007)
European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
- A. B. and C. v. IrelandA. B. and C. v. IrelandA, B and C v Ireland [2010] is a landmark case of the European Court of Human Rights on the right to privacy under article 8 ECHR. It held there is no right for women to an abortion, although it found that Ireland had violated the Convention by failing to provide an accessible and effective...
(2009)
See also
- AbortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
- Abortion debateAbortion debateThe abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
- Conscience clauseConscience clauseThe conscience clause was an important term in education in England throughout much of 19th century. In this context, it referred to permitting parents of schoolchildren to withdraw them from Church of England worship services or other school activities that violated the parents' religious...
- History of abortionHistory of abortionThe practice of abortion, the termination of a pregnancy so that it does not result in birth, dates back to ancient times. Pregnancies were terminated through a number of methods, including the administration of abortifacient herbs, the use of sharpened implements, the application of abdominal...
- Medical lawMedical lawMedical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law....
- Mexico City PolicyMexico City PolicyThe Mexico City Policy, also known by critics as the Mexico City Gag Rule and the Global Gag Rule, was an intermittent United States government policy that required all non-governmental organizations that receive federal funding to refrain from performing or promoting abortion services, as a...
- Religion and abortionReligion and abortionMany religious traditions have taken a stance on abortion, and these stances span a broad spectrum as highlighted below.-Buddhism:There is no single Buddhist view concerning abortion. Traditional sources, such as the Buddhist monastic code, hold that life begins at conception and that abortion,...
- Roe effectRoe effectThe Roe effect is a theory about the long-term effect of abortion on the political balance of the United States, which suggests that since supporters of abortion rights cause the erosion of their own political base, the practice of abortion will eventually lead to the restriction or illegalization...
- Henry MorgentalerHenry MorgentalerHenry Morgentaler, CM is a Canadian physician and prominent pro-choice advocate who has fought numerous legal battles for that cause.-Early life:...
- Wrongful abortionWrongful abortionThe term wrongful abortion refers to an abortion that a pregnant woman undergoes as a result of negligent or malicious conduct by a physician or health care provider.-Misinformation about pregnancy:...
External links
- Center for Reproductive Rights
- Pregnant Pause: Summary of Abortion Laws Around the World
- Laws on Abortion in the Second Trimesters, The International Consortium for Medical Abortion (ICMA)