Abortion law

Abortion law permits, prohibits, restricts, or otherwise regulates the availability of abortion. 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. 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, due to unavailability of modern contraceptives in areas where abortion is illegal. Abortion law permits, prohibits, restricts, or otherwise regulates the availability of abortion. 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. 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, due to unavailability of modern contraceptives in areas where abortion is illegal. Also according to the WHO, the number of abortions worldwide is declining due to increased access to contraception. Almost two-thirds of the world's women currently reside in countries where abortion may be obtained on request for a broad range of social, economic, or personal reasons. Abortion laws vary widely by country. Three countries in Latin America (Dominican Republic, El Salvador, and Nicaragua) and two in Europe (Malta and the Holy See) have banned abortions entirely, but life-saving abortions are allowed in Malta in practice. South Korea also has this law, although it is currently under reconstruction after it was judged 'against the constitution'. This law may be permanently deleted if National Congress of South Korea cannot reconstruct the law until December 31st, 2020. Abortion has existed since ancient times, with natural abortifacients being found amongst a wide variety of tribal people and in most written sources. Early 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 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 20th century, many Western countries began to codify abortion law or place further restrictions on the practice. Anti-abortion movements, also referred to as Pro-life movements, were led by a combination of 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 Canadian pro-choice advocate, 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 mid 20th 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 1920. The Bolsheviks saw abortion as a social evil created by the capitalist system, which left women without the economic means to raise children, forcing them to perform abortions. The Soviet state initially preserved the tsarists ban on abortion, which treated the practice as premeditated murder. However, abortion had been practiced by Russian women for decades and its incidence skyrocketed further as a result of the Russian Civil War, which had left the country economically devastated and made it extremely difficult for many people to have children. The Soviet state recognized that banning abortion would not stop the practice because women would continue using the services of private abortionists. In rural areas, these were often old women who had no medical training, which made their services very dangerous to women's health. In November 1920 the Soviet regime legalized abortion in state hospitals. The state considered abortion as a temporary necessary evil, which would disappear in the future communist society, which would be able to provide for all the children conceived. In 1936 Joseph Stalin placed prohibitions on abortions, which restricted them to medically recommended cases only, in order to increase population growth after the enormous loss of life in World War 1 and the Russian Civil War. In the 1930s, several countries (Poland, Turkey, Denmark, Sweden, Iceland, Mexico) legalized abortion in some special cases (pregnancy from 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 1950s under pressure from the Soviets. On 21 October 2011, the Russian Parliament passed a law restricting abortion to the first 12 weeks of pregnancy, with an exception up to 22 weeks if the pregnancy was the result of rape, and for medical necessity it can be performed at any point during pregnancy. The new law also made mandatory a waiting period of two to seven days before an abortion can be performed, to allow the woman to 'reconsider her decision'. Abortion can only be performed in licensed institutions (typically hospitals or women's clinics) and by physicians who have specialized training. The physician can refuse to perform the abortion, except the abortions for medical necessity. Abortion has remained legal on demand with these restrictions in Russia up to the present day, although that may change. Citing demographic, economic, and moral concerns, the pro-life parties of Russia, with some measured sympathy from president Vladimir Putin, have been pressuring the government to ban abortion outright, or at least restrict its availability. In particular, the Russian Duma has been debating a bill since 2015 to remove financial coverage for abortion from the national healthcare system. In the United Kingdom, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 weeks (later reduced to 24 weeks). Other countries soon followed, including Canada (1969), the United States (1973 in most states, pursuant to Roe v. Wade – the U.S. Supreme Court decision which legalized abortion nationwide), Tunisia (1973), Denmark (1973), Austria (1974), France (1975), Sweden (1975), New Zealand (1977), Italy (1978), the Netherlands (1980), and Belgium (1990). However, these countries vary greatly in the circumstances under which abortion was to be 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 former East Germany, a compromise was reached which deemed most abortions up to 12 weeks legal. In jurisdictions governed under sharia law, abortion after the 120th day from conception (19 weeks from LMP) is illegal, especially for those who follow the recommendations of the Hanafi legal school, while most jurists of the Maliki legal school 'believe that ensoulment occurs at the moment of conception, and they tend to forbid abortion at any point . The other schools hold intermediate positions. The penalty prescribed for an illegal abortion varies according to particular circumstances involved. According to sharia, it should be limited to a fine that is paid to the father or heirs of the fetus'. See also: Islam and abortion. There are no international or multinational treaties that deal directly with abortion but human rights law touches on the issues. The American Convention on Human Rights, which in 2013 had 23 Latin American parties, declares human life as commencing with conception. In Latin America, abortion is only legal in Cuba (1965) and Uruguay (2012) It is also legal in Mexico City (the law on abortion in Mexico varies by state).