Legalization of Abortion in Developed Countries

Summary

Abortion is defined as “the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus” [1]. Access to safe abortion varies across the world, with most developed countries providing options for women. Experts have widely agreed that the high birth rates in undeveloped countries would change with the implementation and availability of safe, legal, and accessible birth control; including abortion [2]. Study of abortion rates can be difficult due to its ban in several countries and regions as well as the tendency of women to under-report their abortion history in surveys [3]. For this reason, it can be difficult to grasp exactly how prevalent abortions are in society. This lack of complete data, along with the moral issue of abortion rights, has caused the practice to be banned or severely discouraged in many countries where it is legal. Pro-abortion activists argue that the right to abortion is a women’s right and should not be infringed upon. Support for this argument has gained momentum significantly in the last fifty years, amid consistent opposition from many groups and nations.

Recent History in the Developed World

Between 1950 and 1985, nearly all developed countries relaxed their abortion laws, and a few years later in 1994, 179 governments signed the International Conference on Population and Development Programme of Action [4]. This programme declared the participating countries’ intention to take action against unsafe abortion practices. Though this was not full legalization in the countries, its significance cannot be overlooked. Today, more than 30 countries worldwide have liberalized their abortion laws. Most of these countries have mainly legalized abortion, although certain restrictions remain mostly regarding the gestational limit of 12 weeks [5].

Pro-Choice vs. Pro-Life

The underlying argument behind abortion legalization is simply referred to as “pro-choice” versus “pro-life”. On one side, the pro-choice supporters argue that it is a woman’s right to choose what she does with her body and that right is fundamental [6]. On the other side, pro-life supporters argue that the life of the fetus begins at conception, giving the fetus full rights as a human being, thus terminating the pregnancy is murder [7]. There are many sides to this argument that touch upon both science and morality, and it is extremely unlikely to ever reach any consensus in a large population. The burden on the legal systems of each country is to evaluate the right of a woman to make this decision, and to liberalize restrictions in accordance with their interpretation.

Significance of Roe v. Wade and its Shortfalls

The most high-profile cases of abortion legalization and restriction in a developed country have come from the United States in the 20th century. Roe v. Wade in 1973 brought the constitutionality of abortion to the Supreme Court. The main question brought forward by this case involved the constitutional right to privacy and its application to the issue [8]. Though the Supreme Court ruled in favour of the right to privacy guaranteeing right to abortion, the separation of powers embedded in the United States’ Constitution allowed individual states to retain certain powers over restrictions [9]. This system of checks and balances in the United States political system has created loopholes in which, although legal, it can be extremely difficult for women in certain states to access a safe abortion. Today, only 30% of women in the United States live in a state supportive of abortion rights, while 57% live in a state in opposition with abortion rights [10]. Partisan divide over the issue, in which Democrats typically support abortion rights and Republicans oppose, has caused nearly 300 new restrictions to be placed in different states between 2011 and 2015 [11]. The limbo of legalization in the most powerful developed country has undermined much of the rights guaranteed by the federal law.

Conclusion of Progress

Countries like Canada and the United Kingdom have logical restriction on abortion focusing on the health of the mother and of the fetus [12]. Even with the inconsistencies in the United States and differing restrictions in other countries, abortion rates have declined significantly in developed countries since 1990 [13]. This is largely due to the availability of alternative forms of birth control, thus reducing the risk of accidental pregnancy. The important success in these countries is that women have been given the right to choose whether or not they continue a pregnancy, a right that is widely agreed to be necessity.