Abortion laws and policies vary dramatically across different regions, with significant implications on women’s health, well-being and autonomy.
While some countries have liberal laws allowing women to access abortion services on demand, others have restrictive laws that limit or ban abortion altogether.
This article explores the diverse impact of abortion laws and policies globally, highlighting the human experiences and consequences of these policies.
Restrictive laws: The human cost In many regions, particularly in Latin America and Africa, abortion laws are highly restrictive.
In El Salvador, for example, abortion is banned under all circumstances, leading to severe consequences for women who undergo clandestine abortions.
According to the World Health Organisation (WHO), approximately 35 000 women in El Salvador have undergone clandestine abortions between 2005 and 2008, resulting in numerous deaths and health complications.
Maria, a 25-year-old woman from El Salvador, is one such example. After being raped by her stepfather, she became pregnant and was forced to undergo a clandestine abortion. The procedure was botched, leaving her with severe health complications and infertility.
“I was terrified and alone,” Maria said in an interview. “I had no choice, but to undergo the abortion, but it has left me with physical and emotional scars that will last a lifetime.”
In Malawi, abortion is legal, but can only be performed where the pregnancy is posing a danger to the life of the pregnant woman—according to Section 243 of the Penal Code— an archaic law made in the 1880s in England and brought to Malawi in 1930.
Coalition for the Prevention of Unsafe Abortion (Copua) legal committee chairperson Mateyu Sisya said in one of his presentations that Malawi’s law is restrictive because it does not provide the definition of what constitutes danger to the life of the pregnant woman.
“It leaves a lot of room for speculation. It leaves the health service provider to guess as to what exactly qualifies as a danger to health,” he said.
Sisya observed that the drafting of the section is convoluted as it only envisages physical health, but the definition of health is more than physical well-being.
Malawi is a signatory and has ratified the Maputo Protocol.
Article 14(2)( c) of the protocol guarantees the rights of women and girls to access abortion for pregnancies following sexual assault, rape and incest and where the continued pregnancy endangers the mental or physical health of the mother or the foetus.
Siysa observed that as a state party and a signatory to the protocol, Malawi is under an obligation to allow abortion on the grounds listed in that article.
“If, therefore, Malawi does not remove legal and administrative barriers that impede women access to safe abortion services, it has failed to meet its international obligations to respect, protect and promote and implement the right to non-discrimination,” he added.
Sisys, who is also a legal consultant and researcher said in an interview last week that in Mozambique, a pregnancy can be terminated to save a woman’s life and to preserve her physical or mental health.
He added that in Tanzania, Uganda, Sudan and Mali, it is as is in Malawi.
“In Angola, Congo Egypt, Madagascar, Senegal it is prohibited altogether,” he said.
Liberal laws: A different reality
In contrast, countries with liberal abortion laws, such as those in Europe, have a vastly different reality.
In the UK, for example, abortion is legal up to 24 weeks and women have access to safe and regulated abortion services.
According to the UK’s National Health Service (NHS), approximately 200 000 abortions are performed annually in England and Wales, with a complication rate of less than one percent.
Sarah, a 30-year-old woman from the UK, underwent an abortion after discovering her fetus had severe abnormalities.
“I was devastated when I found out about the abnormalities,” she said in an interview. “But I was grateful I had access to safe and regulated abortion services. The procedure was straightforward and I received excellent care and support throughout.”
Sisya said in South Africa, the law allows termination of pregnancies without any reason up to 16 weeks where one can just decide she does not want to carry the pregnancy anymore.
“After 16 weeks, at least one should give a reason,” he said.
According to the researcher, Zambia’s law allows termination even on social economic issues.
In Cape Verde and Tunisia, he said the law is the same as in South Africa.
Nuances of abortion laws
Abortion laws and policies are complex and nuanced, with various restrictions and regulations that affect women’s access to abortion services.
In the US, for example, abortion laws vary by state, with some states having highly restrictive laws and others having more liberal laws.
According to the Guttmacher Institute, a reproductive health research organisation, approximately one in four women in the US will undergo an abortion by the age of 45.
Impact on women’s health, well-being, autonomy
In another presentation titled The Magnitude of Unsafe Abortion in Malawi, Sisya gave a global overview of unsafe abortion.
He said there are 56 million induced abortions each year, 25 million (45 percent) of which are unsafe.
Sisya said there are at least 22 800 abortion-related deaths each year, 97 percent of which occur in developing countries
Restrictive laws can lead to unsafe abortions, resulting in maternal mortality and morbidity.
According to the WHO, approximately 47 000 women die annually from unsafe abortions, with many more suffering from health complications.
Liberal laws, on the other hand, can improve women’s health and well-being by providing access to safe and regulated abortion services.
A study published in the Journal of the American Medical Association found that liberalising abortion laws in the US led to a significant decrease in maternal mortality and morbidity.
Conclusion
As the global community continues to debate and discuss abortion laws and policies, it is essential to prioritise women’s health.
By sharing the stories and experiences of women from different regions, we can work towards creating a more just and equitable world where women have access to safe and regulated abortion services.
