![]() ![]() Abortion law - Wikipedia. International status of abortion law, United Nations 2. Abortion has been a controversial subject in many societies through history on religious, moral, ethical, practical, and political grounds. It has been banned frequently and otherwise limited by law. However, abortions continue to be common in many areas, even where they are illegal. ![]() ALM's Law.com is the Web's leading legal news and information network for attorneys and other legal professionals. Monday, Jun 27, 2016 2:45 PM UTC Pro-choice victory: The Supreme Court strikes down Texas abortion law, further shredding the religious right. A Woman's Nation Takes on Alzheimer's. Welcome to A Woman's Nation. Women are half the work force, raise our children and care for our elderly. Horror as young woman's own father and brother-in-law 'try to stone her to death' A YOUNG Pakistani woman is fighting for her life after her own father and brother-in. According to the World Health Organization (WHO), abortion rates are similar in countries where the procedure is legal and in countries where it is not. Abortion laws vary widely by nation. Four countries in Latin America (Chile, Dominican Republic, El Salvador, and Nicaragua), in addition to Malta and Vatican City in Europe, ban the procedure entirely. 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. A Woman's Worth Does Islam teach that a woman is worth less than a man? The only debatable point is by what degree. Whole Woman's Health v. Helletstedt was a case that challenged Texas's law that would have imposed tough standards on abortion clinics. 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 in England and the United States, abortion was illegal anytime after quickening. Under the born alive rule, the fetus was not considered a . Anti- abortion groups 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. ![]() Nevertheless, it became clear that illegal abortions continued to take place in large numbers even where abortions were rigorously restricted. It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors, and judges and juries were often reluctant to convict. For example, Henry Morgentaler, a Canadianpro- choice advocate, was never convicted by a jury. He was acquitted by a jury in the 1. Quebec Court of Appeal in 1. He went to prison, appealed, and was again acquitted. In total, he served 1. 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 2. 0th century, many countries had begun to liberalize abortion laws, at least when performed to protect the life of the woman, and in some cases on woman's request. Under Vladimir Lenin, the Soviet Union legalized abortions on request in 1. Joseph Stalin placed prohibitions on abortions this was restricted to medically recommended cases only in order to increase population growth. In 1. 94. 8 abortion was legalized in Japan, 1. Yugoslavia (on a limited basis), and 1. Soviet Union (on demand). Some Soviet allies (Poland, Hungary, Bulgaria, Czechoslovakia, Romania) legalized abortion in the late 1. Soviets. The availability of contraceptives in the 1. Western countries resulted in comparatively few changes in abortion law. In United Kingdom, the Abortion Act of 1. Other countries soon followed, including Canada (1. United States (1. Roe v. Wade, the federal Supreme Court decision which legalized abortion nationwide), Tunisia (1. Austria (1. 97. 4), France (1. New Zealand (1. 97. Italy (1. 97. 8), the Netherlands (1. Belgium (1. 99. 0). However, these countries vary greatly in the circumstances under which abortion was to be permitted. In 1. 97. 5 the West German Supreme Court struck down a law legalizing abortion, holding that they contradict the constitution's human rights guarantees. In 1. 97. 6 a law was adopted which enabled abortions up to 1. 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 1. In jurisdictions governed under sharia law, abortion after 1. LMP) is illegal, especially for those who follow the recommendations of the Hanafi legal school, while most jurists of the Maliki legal school . The other schools hold intermediate positions. According to sharia, it should be limited to a fine that is paid to the father or heirs of the fetus. The American Convention on Human Rights, which in 2. Latin American parties, declares human life as commencing with conception. In 2. 00. 5 the United Nations Human Rights Committee ordered Peru to compensate a woman (known as K. L.) for denying her a medically indicated abortion; this was the first time a United Nations Committee had held any country accountable for not ensuring access to safe, legal abortion, and the first time the committee affirmed that abortion is a human right. According to the United Nations publication World Abortion Policies 2. Other commonly- accepted reasons are preserving physical (6. Abortion in the case of rape or incest is accepted in about half of all countries (4. Performing abortion only on the basis of a woman's request is allowed in 2. North America and in most European countries. In some countries, additional procedures must be followed before the abortion can be carried out even if the basic grounds for it are met. For example, in Finland, where abortions are not granted based merely on a woman's request, approval for each abortion must be obtained from two doctors. For example, in the United Kingdom Care Quality Commission's report in 2. NHS clinics were circumventing the law, using forms pre- signed by one doctor, thus allowing abortions to patients who only met with one doctor. World Abortion Policies 2. The publication includes information on national estimates of abortion rate, fertility rate, maternal mortality ratio, levels of contraceptive use, unmet need for family planning, and government support for family planning, as well as regional estimates of unsafe abortion. Legal grounds on which abortion is permitted (2. Israel. 27. 4YYYNYNNWestern Asia. Jordan, Kuwait. 37. YYYNNNNWestern Asia. Qatar, Saudi Arabia, United Arab Emirates. YNNNYNNWestern Asia. Oman. 44. 0YNNNNNNWestern Asia. Iraq, Lebanon, Syria, Yemen. FYYYYYYYEastern Europe. Belarus, Bulgaria, Czech Republic, Hungary, Moldova, Romania, Russian Federation, Slovakia, Ukraine. CYYYYYNNEastern Europe. Poland. 67. FYYYYYYYNorthern Europe. Denmark, Estonia, Latvia, Lithuania, Norway, Sweden. EYYYYYYNNorthern Europe. Finland, Iceland. YYYNYYNNorthern Europe. United Kingdom. 14. YNNNNNNNorthern Europe. Ireland. 11. 7FYYYYYYYSouthern Europe. Albania, Bosnia and Herzegovina, Croatia, Greece, Italy, Montenegro, Portugal, Serbia, Slovenia, Spain, Republic of Macedonia. YNNNNNNSouthern Europe. Andorra, San Marino. NNNNNNNSouthern Europe. Holy See, Malta. 77. FYYYYYYYWestern Europe. Austria, Belgium, France, Germany, Luxembourg, Netherlands, Switzerland. YYYNNNNWestern Europe. Liechtenstein. 14. CYNNYYNNWestern Europe. Monaco. 17. FYYYYYYYCaribbean. Cuba. 27. EYYYYYYNCaribbean. Barbados, St. Vincent and the Grenadines. CYYYYYNNCaribbean. Bahamas. 27. 8YYYYNNNCaribbean. Saint Kitts and Nevis, Saint Lucia. YYYNNNNCaribbean. Grenada, Jamaica, Trinidad and Tobago. YNNNNNNCaribbean. Antigua and Barbuda, Dominica, Haiti. NNNNNNNCaribbean. Dominican Republic. YYYNYYNCentral America. Belize. 17. 0YYYNNNNCentral America. Costa Rica. 14. CYNNYYNNCentral America. Panama. 24. 0YNNNNNNCentral America. Guatemala, Honduras. NNNNNNNCentral America. El Salvador, Nicaragua. FYYYYYYYSouth America. Guyana, Uruguay. 17. CYYYYYNNSouth America. Colombia. 17. 8YYYYNNNSouth America. Bolivia. 27. 0YYYNNNNSouth America. Ecuador, Peru. 16. YYNNNNNSouth America. Argentina. 14. 8YNNYNNNSouth America. Brazil. 34. 0YNNNNNNSouth America. Paraguay, Suriname, Venezuela. NNNNNNNSouth America. Chile. 27. FYYYYYYYNorth America. Canada, United States. FYYYYYYYNorth America. Mexico. 17. FYYYYYYYAustrailasia. Australia. 17. EYYYYYYNAustrailasia. New Zealand. 17. CYYYYYNNMelanesia. Fiji. 17. 0YYYNNNNMelanesia. Vanuatu. 24. 0YNNNNNNMelanesia. Papua New Guinea, Solomon Islands. YYYNNNNMicronesia. Nauru. 44. 0YNNNNNNMicronesia. Federated States of Micronesia, Marshall Islands, Kiribati, Palau. YYYYNNNPolynesia. Cook Islands. 27. YYYNNNNPolynesia. Niue, Samoa. 24. 0YNNNNNNPolynesia. Tonga, Tuvalu^Legend: WL: To save a woman's life. PH: To preserve a woman's physical health. MH: To preserve a woman's mental health. RI: In cases of rape or incest. FI: Because of foetal impairment. ES: For economic or social reasons. OR: On request. Notes: The source cited in support of this table contains additional information and/or clarifications regarding some listed countries. The exceptions are micro- states where it is totally illegal (Vatican City and Malta), micro- states where it is mostly illegal and severely restricted (San Marino, Liechtenstein and Andorra) and both Ireland and Northern Ireland (despite the latter being part of the United Kingdom), where great prohibitions on abortion exist. All the remaining states make abortion legal on request. Although nearly every European country makes abortion available on demand during the first trimester, when it comes to later- term abortions, there are very few with laws as liberal as those of the United States. After the first trimester, abortion is allowed only under certain circumstances, such as risk to woman's life or health, fetal defects or other specific situations that may be related to the circumstances of the conception or the woman's age. For instance, in Austria, second trimester abortions are allowed only if there is a serious risk to physical health of woman (that cannot be averted by other means); risk to mental health of woman (that cannot be averted by other means); immediate risk to life of woman (that cannot be averted by other means); serious fetal impairment (physical or mental); or if the woman is under 1. Law. com. ALM Network of Legal Publications, Events, Research, and Intelligence Tools + LIST SITES.
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