Abortion Laws, International

Although it is considered a medical procedure, most countries in the world deal with abortion through the law, whether to restrict access to abortion or provide full access to abortion services. However, legal regulation of abortion, referred to in some countries as termination of pregnancy, varies widely throughout the world. The domestic legal regulation of abortion can be found in a variety of legal authorities, including the penal code, domestic constitutions, and case law. For example, in Swaziland the Constitution specifically provides women the right to abortion in cases where there is a serious threat to the mental and physical health of the pregnant woman, fetal impairment, or rape or incest. In contrast, in the United States, one of the primary sources of legal regulation of abortion is found in case law, under the U.S. Supreme Court's decisions.

In general, legal regulation falls under two main categories: countries that provide for at-will abortion [Page 11]and those that permit abortion in specific circumstances. The primary circumstances in which countries do permit abortions are to save the life of the pregnant woman, in cases of fetal impairment, to preserve the mental and physical health of the pregnant woman, in cases of rape and incest, and when needed for socioeconomic reasons.

In addition, international and regional treaties provide specific legal rights to individuals within countries that have ratified the respective treaties that are relevant to abortion. Though these treaties may have limited applicability within domestic legal spheres, they remain critical to understanding the international legal context around abortion.

It is hard to generalize the laws in such diverse parts of the world, but it is clear that most of South America, Africa, and the Middle East (with a few exceptions, such as South Africa, which provides for at-will abortion) permit abortions in specific circumstances. In contrast, much of Europe and North America, with a number of exceptions, does provide for abortion at will. However, throughout the world significant hurdles remain to accessing medical abortions, even in countries where the law permits at-will abortions.