Developments in Laws on Induced Abortion: 1998–2007
Open accessAbstract
CONTEXT: Women's lack of access to legal abortion is a major contributing factor to high rates of worldwide maternal mortality and morbidity. This article describes changes in the legal status of abortion in countries around the world since 1998. METHODS: The complete texts of new abortion legislation, most often obtained directly from government Web sites, were reviewed to determine changes. Background information was, where possible, also based on a review of complete legal texts. Other sources include the International Digest of Health Legislation (published by the World Health Organization) and Abortion Policies: A Global Review (published in 2002 by the Population Division of the United Nations). RESULTS: Since 1998, 16 countries have increased the number of grounds on which abortions may be legally performed; in two other countries, state jurisdictions expanded grounds for abortion. Two countries have removed grounds for legal abortion. Other countries maintained existing indications for abortion but adopted changes affecting access to the procedure. CONCLUSIONS: The worldwide trend toward liberalization of abortion laws observed in 1998 has continued. Recognition of the impact of abortion restrictions on women's human rights has played an increasing role in efforts to provide access to abortion.
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Although liberalization of abortion laws and regulations has taken place worldwide, restrictions have also increased, and Poland and Lithuania are examples of countries that have taken a conservative path on abortion.
“However, although liberalization of abortion laws and regulations has taken place all over the world, restrictions have also increased, and Poland and Lithuania are examples of countries which have taken a conservative path on abortion.”
From Unsafe abortion and postabortion care - an overview (2011) · cites this paper as [55]
The Liberalizing Trend section (page unavailable) explicitly reports worldwide liberalization alongside increased restrictions in some regions. It describes Lithuania’s abortion law as liberal while noting efforts to restrict it; the Human Rights section identifies a draft restrictive law. The International Legal Developments section reports a Polish case involving denial of access to an abortion, but the paper does not characterize Poland and Lithuania as countries that have taken a conservative path. (LLM, conf=0.88)
Experimental — accuracy not yet measuredIn Lithuania, a draft law, not yet passed, bans abortion except when the mother's health is in danger or if she conceived during sexual molestation.
“In Lithuania, a draft law, which has not yet been passed, bans abortion except in cases where the mother's health is in danger or if she conceived the child during sexual molestation (55).”
From Unsafe abortion and postabortion care - an overview (2011) · cites this paper as [55]
The Human Rights section describes a Lithuanian draft law restricting access to abortion, and the Liberalizing Trend section treats restrictions in Lithuania as a proposed change to its existing liberal law. Neither passage specifies exceptions for danger to the mother's health or pregnancy resulting from sexual molestation. (LLM, conf=0.87)
Experimental — accuracy not yet measuredDuring 1998-2007, 16 countries added indications that moved them to a less strict category or recognized rape, incest or fetal impairment as grounds for legal abortion.
“Hence, during the period 1998-2007, 16 countries added indications that moved them from one category to another less strict category or recognized rape, incest or fetal impairment as grounds for legal abortion (55).”
From Unsafe abortion and postabortion care - an overview (2011) · cites this paper as [55]
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Research works printed but not linked: 12
- Rahman A, Katzive L and Henshaw S, A global review of laws on in- duced abortion, 1985-1997, International Family Planning Perspectives, 1998, 24(2):56-64.
- Cook RJ et al., Legal abortion for mental health indications, International Journal of Gynecology and Obstetrics, 2006, 95(2):185- 190.
- Population Division, United Nations (UN) Department for Economic and Social Development, Abortion Policies: A Global Review, Vol. I: Afghanistan to France, New York: UN, 2001.
- Legal Code (1963), art. 28, Homicide Chapter, Muluki Ain.
- Taylor & Francis, The Europa World Year Book 2007, London: Routledge, 2007.
- Thai Medical Council, Regulation on criteria for performing thera- peutic termination of pregnancy in accordance with Section 305 of the Criminal Code of Thailand (2005), Government Gazette, Vol. 122, Dec. 15, 2005.
- UN, International covenant on civil and political rights, United Nations Treaties Series, 1976, Vol. 999, p. 171.
- Dickens B, Conscientious objection: a shield or a sword? in: McLean SAM, ed., First Do No Harm: Law, Ethics and Healthcare, Aldershot, UK: Ashgate, 2006, pp. 337-351.
- CRR and FIDA Kenya, Supplementary Information on Kenya, Scheduled for Review by Human Rights Committee during its 83rd Session, Feb. 27, 2005, 2004.
- UN, Programme of Action of the International Conference on Population and Development, Cairo, Egypt, Sept. 5-13, 1994, U.N. Doc. A/CONF.171/13/Rev.1, 1995. pt. 1, No. 109, May 11, 1984, translated in International Digest of Health Legislation, 1984, 35(4):768-770.
- Law No. 588 of July 4, 2001, on voluntary interruption of preg- nancy and on contraception, Official Journal, No. 156, July 7, 2001, p. 10823.
- Population Division, UN Department for Economic and Social Development, Abortion Policies: A Global Review, Vol. III: Oman to
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Sedgh, G., Singh, S., Shah, I. H., Åhman, E., Henshaw, S. K., & Bankole, A. (2012) · The Lancet · doi:10.1016/s0140-6736(11)61786-8 · Cited by 607 · see citing works
Unsafe abortion and postabortion care - an overview
RASCH, V. (2011) · Acta Obstetricia et Gynecologica Scandinavica · doi:10.1111/j.1600-0412.2011.01165.x · Cited by 94 · see citing works
Inscribing Abortion as a Human Right: Significance of the Protocol on the Rights of Women in Africa
Ngwena, C. G. (2010) · Human Rights Quarterly · doi:10.1353/hrq.2010.0024 · Cited by 44 · see citing works
- Authors
- Boland, R., & Katzive, L.
- Affiliations
- Harvard University (US)
- Venue
- International Family Planning Perspectives
- Publisher
- Guttmacher Institute
- Published
- 2008-09
- Volume
- 34
- Issue
- 03
- Pages
- 110-120
- ISSN
- 0190-3187 (ISSN-L)
- OpenAlex
- W4239015950
- Cited by
- 125
- References
- 0
- Citations by year
- 2025: 5 · 2024: 4 · 2023: 6 · 2022: 3 · 2021: 7 · 2020: 4 · 2019: 5 · 2018: 6 · 2017: 4 · 2016: 7 · 2015: 11 · 2014: 9 · 2013: 10 · 2012: 13
- FWCI
- 10.27
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- International Family Planning Perspectives (publishedVersion)
- PubMed (publishedVersion)
- DigitalGeorgetown (Georgetown University Library) (submittedVersion)
- Topics
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Reproductive Health and Contraception
- Social Sciences › Political Science and International Relations › International Human Rights and Reproductive Law
- Health Sciences › Medicine › Pediatrics, Perinatology and Child Health › Global Maternal and Child Health
- Keywords
- abortion, abortion law, legal status of abortion, abortion access, maternal mortality, women's human rights, abortion policy
- MeSH terms
- Abortion, Induced, Abortion, Legal, Female, Health Services Accessibility, Humans, Human Rights, Legislation as Topic, Legislation, Medical, Pregnancy, Government Regulation, Pregnant People, Pregnant Women, Internationality
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