As the Supreme Court decides to overturn the 1973 decision that guaranteed abortion rights, many fear an imminent threat to abortion rights in the U.S. But in other countries, the global fight for sexual and reproductive rights is going in different directions.
PARIS — Nearly 50 years after it ensured the right to abortion to Americans, the United States Supreme Court overturned the Roe v. Wade case, meaning that millions of women in the U.S. may lose their constitutional right to abortion.
The groundbreaking decision is likely to set off a range of restrictions on abortion access in multiple states in the U.S., half of which are expected to implement new bans on the procedure. Thirteen have already passed "trigger laws" that will automatically make abortion illegal.
U.S. President Joe Biden called the ruling "a tragic error" and urged individual states to enact laws to allow the procedure.
In a country divided on such a polarizing topic, the decision is likely to cause major shifts in American law and undoubtedly spark outrage among the country’s pro-choice groups. Yet the impact of such a momentous shift, like others in the United States, is also likely to reverberate around the world — and perhaps, eventually, back again in the 50 States.
Roe v. Wade cemented abortion access at a time when most other countries still had longstanding restrictions. Over time, dozens of countries have followed suit. But now, the Supreme Court appears to have put the U.S. against the tide of history.
Latin American countries, traditionally driven by Catholic Church teachings, have moved to liberalize the procedure amidst widespread public pressure from pro-choice movements.
Colombia’s decision in February to decriminalize abortion after 24 weeks was considered the spearhead for other Latin American countries, including Chile which, barely a month later, passed an article guaranteeing sexual and reproductive rights as fundamental and therefore protected by the state.
Still, other countries are tightening long-held restrictions, notably Poland, which last year passed a new law that banned abortion in virtually all cases.
Access to abortion is one of those issues — like marriage rights and assisted suicide — that is bound to be universal for the very fact that it is so personal.
Europe: surprises in Spain, Malta, Poland
Close to one-third of women and girls in Europe face challenges in accessing abortion care, according to the European Abortion Politics Atlas. While 21 European countries treat abortion like any other medical service, 16 regulate it through their legal codes, allowing restrictions to be placed on the procedure. Further, in 31 European nations abortion procedures are not covered as part of their national health plan, often making it a financial burden for those who are low income, like undocumented immigrants, Roma people and sex workers.
Much of the continent is marked by stark contrasts in access: Residents of the microstate of San Marino voted overwhelmingly last month to legalize abortion. But Malta, which is also majority Catholic abortion has been criminalized since the 1800s, and remains the last European Union country with a total ban. A proposed bill to decriminalize the procedure was blocked earlier this year.
Currently 26 European countries allow healthcare workers to deny abortions based on their personal beliefs, which is a particular issue in Spain: The country liberalized its abortion laws in 2010, allowing abortions up to 14 weeks in any public hospital. But an abundance of so-called "conscientious objectors" means that many wanting to end pregnancies are forced to travel to find a provider, often resorting to private clinics. El Pais reports that only 6.2% of abortions are done in public hospitals. Despite legislative attempts to curb these conscientious objectors, doctors refusing to perform abortions are also on the rise in countries like Italy and Argentina.
Polish doctors who conduct abortions face up to a three-year prison sentence.
In June, the European Parliament called on member countries to ensure "high quality, comprehensive and accessible sexual and reproductive health and rights." Some Western European countries have aimed to broaden access, like France now providing free contraception to women up to age 25. But the EU ruling also raises questions around rule of law for some member states.
For example, Poland instituted a near total abortion ban earlier this year except in cases of endangerment to the woman's health. This is part of a shift toward more conservative legislature that has also targeted LGTBTQ rights in the name of "pro-family" resolutions. Now, Polish doctors who conduct abortions could be given up to a three-year prison sentence. Countries with more progressive abortion stances have stepped up in response, most notably Belgium, which is funding cross-border abortions for Polish women.
China - women's bodies as economic instruments
While China has long been known for its family planning through its One-Child Policy to limit population growth, recent efforts to reduce abortions are raising concerns. In September, the State Council, China's cabinet, announced its intention to curb "medically unnecessary" abortions, but with few details on how this would be achieved. The plan also included increased access to birth control.
While the government issued a similar proposal in 2011, some are more concerned now given increased government intervention in promoting childbirth amidst an aging population. The country's population growth has slowed for close to 30 years now, with the over 60 population increasing from 13.3% in 2010 to 18.7% by 2010.
Whether through being forced to end a pregnancy or carry one to term, some Chinese women feel like they have little control over their bodies. As Yaqiu Wang, a China researcher at Human Rights Watch, told the Sydney Morning Herald, "Today, many across the country still painfully feel the trauma of forced abortion. And now, without government acknowledgment or accountability, Beijing is doing a potentially abusive about-face. What hasn't changed is that China's government still treats women's bodies as tools for its economic development goals."
Abortion rights protest in Washington D.C. earlier this month
U.S. - a polarized landscape
Since the 1973 decision to grant women the right to access a legal abortion, the subject has been a hot-button issue for the Supreme Court and the country as a whole. In December 2021, the top court indicated a desire to undo federal law, granting individual state legislature the power to determine the legality of abortions in their jurisdiction.
With Roe v. Wade now overturned, bill proposals already drafted by lawmakers in over two dozen conservative U.S. states, effectively banning abortion, could quickly go into effect.
With 2022 midterm elections quickly approaching, both Democrats and Republicans are bound to use the decision to encourage voters on each side of the aisle to support their respective parties.
Senator Patty Murray, for example, a Democrat from Washington, has called on voters to protect her party’s majority leadership. She said in a statement, “After ringing these alarms for years now, it’s time to break the glass. We need to fight back with everything we’ve got right now. The right to abortion is on the line, and I’ll never stop fighting to protect it.”
Latin America: Choice on the rise
Colombia’s February 2022 decision to decriminalize abortion was welcomed news for pro-choice groups, as historically abortion was only legal when the life or health of the mother is at risk, if the fetus has malformations that make it nonviable or when the pregnancy is the result of rape or incest.
Although abortion after 24-weeks will remain illegal in the country, after two decades of campaigning for legal abortion, pro-choice groups see this as a win.
Mariana Ardila, an attorney for Women's Link Worldwide, and an advocate for reproductive rights said, "We knew this was not an easy fight, but at some point it had to happen. Of course, while we were hoping for full decriminalization, and we will keep fighting for it, this is an important step forward for us.”
Latin America has some of the world's strictest abortion laws, partially because of the influence of the Catholic Church. But this might be changing, with large-scale protests by feminist groups and now Colombia’s decision influencing the policies of legislatures across the region.
Last year, thousands marched as part of the September 28 International Safe Abortion Day, which began in 1990 as an event promoting the decriminalization of abortion in Latin America and the Caribbean.
A shift that clearly is having ripple effects.
Some of the most pressing actions took place in El Salvador, which still has a total abortion ban, with penalties ranging from two to 50 years in prison. In this Central American country, women have even been imprisoned for stillbirths and miscarriages. But some who have been prosecuted are fighting back, even bringing in the Inter-American Court of Human Rights to challenge the ban. In this case, the woman, Manuela, was sentenced to 30 years in prison after falling and having a stillbirth in 2008.
In contrast, abortion access has increased in Argentina, which in 2020 legalized abortions for up to 14 weeks; previously, abortions came with up to 15-year prison sentences except in cases of rape and medical necessity.Mexico's Supreme Court also delivered a landmark decision in September when the majority of judges voted to decriminalize abortions. Women around Mexico held up green bandanas — an abortion rights symbol that began in Argentina — to honor a shift that clearly is having ripple effects in their country and beyond.
Protest in Mexico City, Mexico.
Malvestida Magazine via Unsplash
North Africa and Middle East: de facto bans
Close to 80% of women in the Middle East, North Africa region have restricted access to abortion. Sites like Women on Web help facilitate sending abortion pills to areas where they are difficult or impossible to acquire, but these platforms have been banned in Saudi Arabia, where abortions are authorized only in rare circumstances.
Tunisia and Turkey are the only two MENA countries that allow elective abortions; most governments in the region only permit them when they are medically necessary. Even in circumstances where abortion is legal, many seeking to end pregnancies deal with strong social stigma in these majority Muslim nations.
Turkish women have described the situation as a "de facto" abortion ban under President Recep Tayyip Erdogan and many are forced to turn to illegal clinics with questionable health practices. In Tunisia, abortion has been legal since 1973, but women must overcome societal outcasting as well as economic and structural hurdles in terminating pregnancies.
While the Arab Spring focused specifically on achieving equal rights for women, the reality is many still face inequitable treatment, including for reproductive health care. Unwed mothers who keep their babies are often seen as social outcasts, creating a terrible Catch-22 for many.
[Updated on June 24, 2022]