User:Byroncaroline/Abortion law

Abortion Law

In this article there is discussion on the crucial factors surrounding abortion law and abortion ban in the world. There is facts on how women globally have access or are denied access to an abortion. There is also a history on abortion and a timeline on the legalization of the procedure by country. Additionally, there is a graph showing where in the world the law is legalized, decriminalized, or criminalized.

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Abortion Laws vary in restrictions in each nation. In this article exceptions in restriction, specific countries restrictions, and US State Law differences are discussed. The history of abortion law and its intersection with religion are discussed as well.

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Where a country has legalized abortion on request, prohibited it, and legalized it again (e.g., former Soviet Union, Romania), only the later year is included. Countries that result from the merger of states where abortion on request was legal at the moment of unification show the year when it became legal across the whole national territory (e.g., Germany, Vietnam). Similarly, countries where not all subnational jurisdictions have legalized abortion on request are not included (e.g., leading to the exclusion of Australia, Mexico, the United Kingdom and the United States). Countries are counted even if they were not yet independent at the time. The year refers to when the relevant law or judicial decision came into force, which may be different from the year when it was approved.

Exceptions in abortion laws occur either in countries where abortion is as a general rule illegal or in countries that have abortion on request with gestational limits. For example, if a country allows abortion on request until 12 weeks, it may create exceptions to this general gestation limit for later abortions in specific circumstances.

There are a few exceptions commonly found in abortion laws. Legal domains which do not have abortion on demand will often allow it when the health of the mother is at stake. "Health of the mother" may mean something different in different areas: for example, prior to December 2018, the Republic of Ireland allowed abortion only to save the mother's life, whereas abortion opponents in the United States argue health exceptions are used so broadly as to render a ban essentially meaningless.

Laws allowing abortion in cases of rape or incest often differ. For example, before Roe v. Wade, thirteen U.S. states allowed abortion in the case of either rape or incest, but only Mississippi permitted abortion of pregnancies due to rape, and no state permitted it for just incest. After Roe v. Wade, 12 states have placed a semi-ban on abortion.

Many[vague] countries allow abortion only through the first or second trimester, and some may allow abortion in cases of fetal defects, e.g., Down syndrome, or where the pregnancy is the result of a sexual crime.

National laws

Roe V. Wade has been established in the US for almost 50 years, put into motion in 1973,  before its overturn in 2022 due to Dobbs v. Jackson. This ruling made abortion access not a constitutional right. The decision, most of which was leaked in early May, means that abortion rights will be rolled back in nearly half of the states immediately, with more restrictions likely to follow. For all practical purposes, abortion will not be available in large swaths of the country. 13 States, Arkansa s, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming enacted a trigger law which placed an immediate but varying statewide abortion ban immediately following the overturning. These trigger laws were designed specifically to take effect immediately upon the fall of the Roe precedent. Other states, were bans are in effect after 6 weeks gestation, including Idaho, Tennessee, and Texas – have similar laws, which would take effect after 30 days of the overturning.

Pill abortion access is legal in 36 states. However, a lawsuit in Texas is currently against the production and distribution of this abortion pil l, misoprostol. The ban would affect millions of women in the US who cannot access a medical procedural abortion due to a state ban. The group suing the FDA has asked for a preliminary injunction to take one of the two drugs used in a medication abortion, mifepristone, off the market while the case plays out. This will effectively cause a nationwide ban of pill abortion if granted.

Restrictive Countries

Some of the countries of Central America, notably El Salvador, have also come to international attention due to very forceful enforcement of the laws, including the incarceration of a gang-rape victim for homicide when she gave birth to a stillborn son and was accused of attempting an illegal abortion.

El Slavador has some of the strictest abortion laws of any country. Abortion under all circumstances, including rape, incest, and risk to the mothers health, is illegal. Women can be criminalized and penalized to up to 40 years in prison after being found guilty of an abortion. El Salvador’s abortion laws are so severe that miscarriages and stillbirths can sometimes be enough for conviction. The Inter-American Court has already ruled that El Salvador was responsible for the death of Manuela, who was sentenced to 30 years in prison in 2008 for aggravated homicide after suffering an obstetric emergency that resulted in her losing her pregnancy. Lack of access to abortion is recognized by Uruguay, Mexico, Argentina, and Colombia as a human rights issue. This shows progress in underdeveloped nations.

Exceptions In Abortion Law

Many[vague] countries allow abortion only through the first or second trimester, and some may allow abortion in cases of fetal defects, e.g., Down syndrome, or where the pregnancy is the result of a sexual crime.

In the past 25 years, Guyana, Albania, South Afric a, Cambodia, Switzerland, Nepal, Portugal, Spain, Luxembourg, São Tomé& Principe, Uruguay, Maldives, Mozambique. Cyprus, and Ireland have changed their abortion policy to be less restrictive. Abortion regulation in these countries changed from prohibited or allowed only to save the mothers life, to allowed in all circumstances with gestational limits. Ethiopia, Fiji, and Rwanda have changed their abortion policy in the past 25 years from prohibited, too allowed in cases of broad social or economic grounds.

Irish Abortion Laws

Ireland has had a long withstanding rule of the land called the [https://www.blairkim.com/offenses-against-the-person.html#:~:text=Offenses%20against%20the%20person%20are,a%20protection%20order%2C%20and%20kidnapping. Offenses Against Persons Act of 1861], which is what first prohibited abortions. This law was enacted to prohibit abortions in Ireland in 1920 when Ireland became its own independent country. To counteract the infiltration of pro abortion laws, Ireland’s Catholic organizations formed the Pro Life Amendment Campaign. This organization was formed to create an abortion ban at a constitutional level. Ireland’s 8th constitutional amendment was made in 1986, “acknowledges the right to life of the unborn and [gave] due regard to the equal right to life of the mother.”

In 1992, a case of a 14 year old pregnant woman, threatening suicide to the courts if she were not allowed abortion, sparked change in Ireland’s people. An appeals was made to the higher courts that suicidal thoughts were enough for endangerment of a mother’s life for termination to be allowed. This case began the new wave of activism in Ireland which promoted the protection of the mother’s life, and pushed for abortion rights. Activism grew into the larger public eye which prompted new laws to be made and introduced protecting the mother’s life.

New wave of activism in Ireland stretched until 2013 when the Protection of Life During Pregnancy Act was signed into law. This law recognized the mother’s life over the fetus’s and would allow pregnancy termination in cases where the mother is in danger. In 2018 Ireland’s abortion ban by constitution was repealed and abortions up to the first trimester were legalized and covered by Ireland’s public health service.

Argentina Abortion Laws

Argentina enacted a law that legalized abortions in all cases up until 14 weeks, on January 14 2020. This replaced the previous law which only allowed abortion in cases where the mothers life was in danger.

Caribbean Abortion Laws

The Caribbean and Latin America are the two strictest regions regarding abortion access. Only two Caribbean countries, Cuba and Guyana, is abortion legalized per request of the mother. Cuba is the most progressive of the Caribbean Islands, passing legislation in 1965 which legalized abortions in all circumstances up to 10 weeks. Guyana’s legislation passed in 1995, legalized abortions up to 8 weeks in all circumstances.

Abortions are prohibited under all circumstances in Aruba, Curaçao, Dominican Republic, Haiti, Jamaica and Suriname. However, different countries' laws restrict and allow abortions in different circumstances. In Barbados, Belize, Saint Vincent and Grenadine abortions are allowed when the mother can not financially provide for her child. This is called abortion with “broad or social economic grounds”. When the mother’s life is endangered abortions are allowed in Bahamas, Grenada and, in the case of Trinidad and Tobago, Saint Lucia, St Kitts and Nevis. These countries however, are often very strict with the regulations surrounding this legislation, and while it is “to preserve the women’s health”, in most cases it is only when the mother’s life is endangered. Antigua and Barbuda and Dominica allow abortions when the mothers life is directly at risk.



“An Overview of Abortion Laws.” Guttmacher Institute, 3 Feb. 2023, https://www.guttmacher.org/state-policy/explore/overview-abortion-laws.
“The World's Abortion Laws.” Center for Reproductive Rights, 1 Feb. 2023, https://reproductiverights.org/maps/worlds-abortion-laws/.

“El Salvador: Court Hears Case on Total Abortion Ban.” Human Rights Watch, 23 Mar. 2023, https://www.hrw.org/news/2023/03/23/el-salvador-court-hears-case-total-abortion-ban.

This article discusses El Salvador's abortion policy and a recent case that involved the death of an El Slavadorian woman’s death due to lack of abortion access in her life threatening pregnancy. This case was brought to inter-American court and will highlight the crucialness of decriminalizing abortion in life threatening situations. El Salvador criminalizes all abortion, and women can face up to 40 years for having an abortion. This article directly relates to my wiki page as there is a section dedicated to the strictness of El Salvador’s abortion laws on my page. This article is well cited and up to date on information making it a good source.

Gottbrath, Laurin-Whitney. “U.S. Joins Only 3 Other Countries That Have Rolled Back Abortion Rights since 1994.” Axios, 25 June 2022, https://www.axios.com/2022/05/05/only-3-countries-have-rolled-back-abortion-rights-since-1994.

This article discusses the US’s recent overturning of Roe V. Wade, making it one of three countries to repeal abortion rights since 1994. Abortion limitations and special case abortions by country are reviewed. Broad scale abortion law access is overview as well as graphics to represent laws. This article reflects my entire wiki article which is about broad scale abortion rights. This article is direct and factual, with up to date laws and information making it a good source.

Totenberg, Nina, and Sarah McCammon. “Supreme Court Overturns Roe v. Wade, Ending Right to Abortion Upheld for Decades.” NPR, NPR, 24 June 2022, https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn.

This article discusses the overturn of Roe V. Wade in the US which repealed abortion rights. This reversal made abortion access not a constitutional right for women in the US. This article goes into detail about the specifics by state including trigger law states, and the legal “chaos” that comes from interstate enforcement battles over abortion access. This relates to my section on national US abortion law. This article is from a reliable unbiased news source and contains first hand quotes from government officials making it a good source.

“Abortion Laws by State.” Center for Reproductive Rights, 6 Jan. 2023, https://reproductiverights.org/maps/abortion-laws-by-state/.

This article goes into detail abortion laws per state in the US following Roe   V. Wade’s overturn. Trigger law states, states where access is still legal, and states where laws have restrictions are mapped out and further detailed. This article relates to my section on US abortion law. This article is the most up to date on information, being published this year. It is from a credible source and makes for a good reliable addition to my wiki page.

“Map: Where the Pills for Medication Abortions Are Legal.” NBCNews.com, NBCUniversal News Group, 24 Mar. 2023, https://www.nbcnews.com/health/womens-health/map-pills-medication-abortions-are-legal-rcna70490.

This article discusses pill abortion access and birth control rights in the US. Pill abortions make up a majority of abortion in the US, and a court case in Texas suggests a movement to stop production of the abortion pill, misoprostol. This banning would further eliminate women’s access to a safe abortion in the US making the repeal stretch even further from medical abortion access limitations, even in legal states. This directly relates to my section on US abortion law limitations. This article is up to date and provides a real time court case affecting abortion access in the US making it a credible source.