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16-September-2008 16:15:13 - law International status of abortion law Legal on request Legal for rape, maternal life, health, mental health, socioecomic factors, and/or fetal defects Legal for or illegal with exception for rape, maternal life, health, fetal defects, and/or mental health Illegal with exception for rape, maternal life, health, and/or mental health Illegal with exception for maternal life, health, and/or mental health Illegal with no exceptions Varies by region No information International status of abortion law Legal on request Legal for rape, maternal life, health, mental health, socioecomic factors, and/or fetal defects Legal for or illegal with exception for rape, maternal life, health, fetal defects, and/or mental health Illegal with exception for rape, maternal life, health, and/or mental health Illegal with exception for maternal life, health, and/or mental health Illegal with no exceptions Varies by region No information Abortion law is legislation which pertains to the provision of abortion. Abortion has at times emerged as a controversial subject in various societies because of the moral and ethical issues that surround it, though other considerations, such as a state's pro- or antinatalist policies or questions of inheritance and patriarchy, also dictate abortion law and regulation. It has been regularly banned and otherwise limited, though abortions have continued to be commonplace in many areas where it is illegal. 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 laws vary widely by country, ranging from Chile, El Salvador, Nicaragua, Malta, and Vatican City, which ban the procedure entirely, to Canada, which places no restrictions on the provision of abortion whatsoever. Both supporters and opponents of legal abortion believe their position addresses a fundamental human right. Contents 1 History 2 International law 3 National laws 3.1 Africa 3.2 East Asia 3.3 Eurasia 3.4 The Americas 3.5 Oceania 4 Legal restrictions on later abortion 5 Case law 6 See also 7 Notes 8 References 9 External links History Abortion law Part of the abortion series History overview Case law History of abortion law Laws by country Types of regulation Buffer zones Conscience clauses Fetal protection Informed consent Late-term restrictions Parental involvement Spousal consent Abortion and contraception have been widely available throughout the history of Western Civilization, despite ethical concerns on the part of some. Plato and Aristotle both argued in favor of compulsory abortion under certain circumstances, though Hippocrates expressly disapproved of the practice. Under Roman law, abortion sometimes occurred but family planning was conducted mainly through the exposure of healthy newborns--usually to protect the rights and interests of the biological father. References to abortion were included in the writings of Ovid, Seneca, Juvenal and Pliny, who included a list of abortifacients drugs that induce an abortion in one text. Early Christian philosophers, including Ivo of Chartres and Gratian, disapproved of abortion when it broke the link between the sexual act and procreation but argued that abortion of what Ivo termed an unformed embryo did not constitute homicide. Religious authorities have taken various positions on abortion throughout history see Religion and abortion. In 1588, Pope Sixtus V adopted a papal bull adopting the position of St. Thomas Aquinas that contraception and abortion were crimes against nature and sins against marriage. This verdict was relaxed three years later by Pope Gregory XIV, who pronounced that abortion before hominization should not be subject to church penalties that were any stricter than civil penalties. Common law positions on abortion in individual countries varied significantly from country to country. 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. In the 19th Century, many Western countries began to use statutes to codify or further restrictions on abortion. Anti-abortion forces were led by a combination of conservative groups opposed to abortion on moral grounds and 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. 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. Iceland was the first Western country to legalize therapeutic abortion under limited circumstances, doing so in 1935, and the earliest country to do so without recriminalizing it later. Only a handful of countries - mostly in Scandinavia -decriminalized abortion before Britain did so in 1967. 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, 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. After Germany's reunification, despite the legal status of abortion in the former East Germany, a compromise was reached which deemed most abortions illegal but does not penalize it under certain circumstances. International law In addition to national and regional laws, there are multi-national and international treaties, conventions, and laws that may actually be enforced on or within signatory nations. However, there is an inherent difficulty in the enforcement of international law 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. Examples of such efforts that have or might have bearing for abortion law, nationally or internationally, include: The 1978 American Convention on Human Rights states, in Article 4.1, Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. The Convention is considered binding only for the 24 of 35 member nations of the Organization of American States who ratified it. The Inter-American Commission on Human Rights found that the words in general left room for individual nations to determine their own abortion legislation.1 The 1994 Programme of Action states, in paragraph 8.25, In no case should abortion be promoted as a method of family planning. . . Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process. In circumstances where abortion is not against the law, such abortion should be safe. The nonbinding document was adopted by at least 179 countries at the United Nations International Conference on Population and Development held in Cairo, Egypt. The 1995 Beijing Platform for Action states, in paragraph 96, The human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence. The nonbinding document has been adopted by 189 countries at the United Nations Fourth World Conference on Women held in Beijing, China. It calls upon nations in which abortion remains illegal to reconsider laws that punish women, but does not specifically advocate the legalization of abortion. National laws 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 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 Yes ? 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 Congo Brazzaville Yes No No No No No No Congo Kinshasa Yes No No No No No No Côte d'Ivoire Yes No No No No No No Djibouti Yes ? ? No No No No Egypt Restricted 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 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 No No No No 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 allowed2 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 2nd 2nd 2nd 2nd 2nd 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 1st 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 Asia Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request Bangladesh Yes 1st 1st 1st 1st 1st 1st Bhutan3 Yes No No No No No No Brunei Yes No No No No No No Cambodia Yes Yes Yes Yes Yes Yes Yes China Hong Kong Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No India Yes Yes 2nd 2nd 2nd 2nd No Indonesia Yes No No No No No No Japan Yes 2nd 2nd 2nd 2nd 2nd No Kazakhstan 2nd 2nd 2nd 2nd 2nd 2nd 1st North Korea Yes Yes Yes Yes Yes Yes Yes South Korea4 Yes Yes Yes Yes No No No but not punished Kyrgyzstan 2nd 2nd 2nd 2nd 2nd 2nd 1st Laos Yes 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 Nepal Yes Yes Yes Yes Yes 1st 1st Pakistan Yes Yes Yes No No No No Philippines Yes No No No No No No Singapore Yes Yes Yes 2nd 2nd 2nd 2nd Sri Lanka Yes No No No No No No Tajikistan 2nd 2nd 2nd 2nd 2nd 2nd 1st Thailand Yes Yes Yes Yes No No No Turkmenistan 2nd 2nd 2nd 2nd 2nd 2nd 1st Uzbekistan 2nd 2nd 2nd 2nd 2nd 2nd 1st Vietnam Yes Yes Yes Yes Yes Yes Yes Eurasia 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 Albania Yes Yes Yes Yes Yes Yes Yes Andorra Yes No No No No No No Armenia 2nd 2nd 2nd 2nd 2nd 2nd 1st Austria Yes Yes Yes 1st Yes 1st 1st illegal, but not punished Azerbaijan Yes Yes Yes Yes Yes Yes 1st Bahrain Yes Yes Yes Yes Yes Yes Yes Belgium Yes Yes Yes Yes Yes Yes Yes Belarus Yes Yes Yes Yes Yes Yes Yes Bosnia and Herzegovina Yes Yes Yes Yes Yes Yes Yes Bulgaria Yes 2nd 1st 1st Yes 1st 1st Croatia Yes Yes Yes Yes Yes Yes Yes Cyprus Yes Yes Yes Yes Yes ? No Czech Republic 2nd 2nd 1st 1st 2nd 1st 1st Denmark Yes Yes Yes Yes Yes Yes 1st Estonia Yes Yes Yes Yes Yes Yes Yes Faroe Islands 2nd No No 2nd 2nd No No Finland Yes Yes Yes 2nd 2nd 2nd No France Yes Yes Yes 1st Yes 1st 1st Georgia 2nd 2nd 2nd 2nd 2nd 2nd 1st Germany Yes Yes 1st Yes Yes 1st 1st illegal, but not punished Great Britain Yes Yes Yes Yes Yes Yes No Greece Yes Yes Yes Yes Yes Yes Yes Hungary Yes Yes Yes Yes Yes Yes Yes Iceland Yes Yes Yes Yes Yes Yes No Ireland Yes No No No No No No Italy Yes Yes Yes 1st Yes 1st 1st Iran Yes No No No No No No Iraq Restricted No No No Restricted No No Israel Yes Yes Yes Yes Yes No No Jordan Yes Yes Yes No No No No Kuwait Restricted Restricted Restricted No Restricted No No Latvia Yes Yes Yes Yes Yes Yes Yes Lebanon Yes Yes Yes Yes No No No Liechtenstein Yes Yes Yes No No No No Lithuania Yes Yes Yes Yes Yes Yes Yes Luxembourg Yes Restricted Restricted Restricted Restricted Restricted No Macedonia Yes Yes Yes Yes Yes Yes Yes Malta No No No No No No No Moldova Yes Yes Yes Yes Yes Yes 1st Monaco Yes No No No No No No Montenegro Yes Yes Yes Yes Yes Yes Yes Netherlands Yes Yes Yes Yes Yes Yes Yes Norway Yes Yes Yes Yes Yes Yes 1st Northern Ireland5 Yes Yes Yes No No No No Oman No No No No No No No Poland Yes Yes No 1st 2nd No No Portugal 2nd 2nd 1st 2nd 2nd 1st 1st Qatar Yes Yes Yes No Restricted No No Romania Yes Yes 1st 1st 1st 1st 1st Russia Yes Yes Yes 2nd Yes 2nd 1st San Marino Yes No No No No No No Saudi Arabia 1st Restricted Restricted No No No No Serbia Yes Yes Yes Yes Yes Yes Yes Slovakia 2nd 2nd 1st 2nd 2nd 1st 1st Slovenia Yes Yes Yes Yes Yes Yes Yes Spain Yes Yes Yes 1st 2nd No No Sweden Yes Yes Yes Yes Yes Yes Yes Switzerland Yes Yes Yes Yes Yes 1st 1st Syria Restricted No No No No No No Turkey Yes Yes Yes 1st Yes 1st 1st Ukraine 2nd 2nd 2nd 2nd 2nd 2nd 1st United Arab Emirates Restricted No No No No No No Vatican City No No No No No No No Yemen Yes No No No No No no The Americas 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 Argentina Yes Yes No Restricted No No No Bahamas Yes Yes Yes ? ? No No Barbados Yes Yes Yes Yes Yes Yes No Belize Yes Yes Yes No Yes Yes No Bolivia Yes Yes ? Yes No No No Brazil Yes Yes No Yes No No No Canada Yes Yes Yes Yes Yes Yes Yes Chile No No No No No No No Colombia Yes Restricted ? Yes Restricted No No 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 Yes No No No No No No Ecuador Yes Yes Yes Restricted No No No El Salvador Yes No No No No No No Grenada Yes Yes Yes No No No No Guatemala Yes No No No No No No Guyana Yes Yes Yes Yes 1st 1st 1st Haiti Yes ? No ? ? No No Honduras Restricted No No No No No No Jamaica Restricted Restricted Restricted No No No No Mexico Yes Yes Yes Yes Yes Yes Varies Nicaragua No No No No No No No Panama Yes Yes No 1st Yes No No Paraguay Yes No No No No No No Peru Yes Yes Yes No No No No Puerto Rico Yes Yes Yes Yes Yes Yes Yes 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 Suriname Yes No No No No No No Trinidad and Tobago Yes Yes Yes No No No No United States Yes Yes Yes Yes Yes Yes Varies Uruguay Yes Yes 1st 1st No 1st No Venezuela Yes No No No No No No Oceania Country To protect woman's life Physical health Mental health Rape Fetal defects Socio-economic factors On request Australia Yes 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 Maldives Restricted Restricted 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 Yes 2nd 2nd 2nd 2nd Restricted No Niue Yes ? ? No No No No Palau Yes No No No No No No Papua New Guinea 1st 1st 1st 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 Yes No No No No No No Vanuatu Yes Yes Yes No No No No Legal restrictions on later abortion See also: Late-term 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.6 In contrast, another 44 of the 152 most populous countries generally banned late-term abortions after a particular gestational age: 12 weeks Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cuba, Czech Rep., Denmark, Estonia, France, Georgia, Greece, Kazakhstan, Kyrgyz Rep., Latvia, Lithuania, Macedonia, Moldova, Mongolia, Norway, Russian Fed., Slovak Rep., Slovenia, South Africa, Ukraine, Tajikistan, Tunisia, Turkey, Turkmenistan, Uzbekistan, and 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.6 Case law Australia R v Davidson 1969 Canada Abortion trial of Emily Stowe 1879 Azoulay v. The Queen 1952 Morgentaler v. The Queen 1976 R. v. Morgentaler 1988 Borowski v. Canada Attorney General 1989 Tremblay v. Daigle 1989 R. v. Morgentaler 1993 Germany German Federal Constitutional Court abortion decision 1975 Ireland Attorney General v. X 1992 United States Roe v. Wade 1973 Doe v. Bolton 1973 H. L. v. Matheson 1981 City of Akron v. Akron Center for Reproductive Health 1983 Webster v. Reproductive Health Services 1989 Hodgson v. Minnesota 1990 Planned Parenthood v. Casey 1992 Bray v. Alexandria Women's Health Clinic 1993 Stenberg v. Carhart 2000 McCorvey v. Hill 2004 Ayotte v. Planned Parenthood of New England 2006 Gonzales v. Carhart 2007 See also Abortion Abortion by country Abortion debate History of abortion Male abortion Mexico City Policy Religion and abortion Roe effect Henry Morgentaler Wrongful abortion Notes ^ Inter-American Commission on Human Rights. March 6, 1981. Resolution 23/81. Retrieved October 27, 2006. ^ Libombo, Aida, Bay Ustá, Momade. 2001. Mozambique Abortion Situation. Retrieved October 27, 2006. ^ World Health Organization. 2005. Improving Maternal, Newborn, and Child Health in the South-East Asia Region. Retrieved October 3, 2007. ^ The Korean Law Blog 2007. Abortion in Korea. Retrieved October 3, 2007. ^ QA: Abortion in NI. June 13 , 2001. BBC News. Retrieved October 27, 2006. ^ a b Anika Rahman, Laura Katzive and Stanley K. Henshaw. A Global Review of Laws on Induced Abortion, 1985-1997, International Family Planning Perspectives Volume 24, Number 2, June 1998. References Abortion Laws of the World. n.d.. Annual Review of Population Law. Retrieved July 14, 2006. Rahman, Anika, Katzive, Laura, Henshaw, Stanley K. 1998. A Global Review of Laws on Induced Abortion, 1985-1997. International Family Planning Perspectives, 24 2. Retrieved July 14, 2006. United Nations Population Division. 2002. Abortion Policies: A Global Review. Retrieved July 14, 2006. IPPF European Network. 2004. Abortion Legislation in Europe. Retrieved October 27, 2006. Center for Reproductive Rights. 2005. Abortion and the Law: Ten Years of Reform. Retrieved November 22, 2006. The Pew Forum on Religion Public Life. November 2006. Abortion Laws Around The World. Retrieved April 18, 2007. Europe's Abortion Laws. February 12, 2007. BBC News. Retrieved February 12, 2007. United Nations Population Division. 2007. World Abortion Policies 2007. Retrieved October 3, 2007. External links Ipas: Global Abortion News Update Center for Reproductive Rights: The World's Abortion Laws Pregnant Pause: Summary of Abortion Laws Around the World v d e Lists by country Articles that include one or more maps are shown in italics. 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