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Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution.
Strafgesetzbuch, abbreviated to StGB, is the German penal code.
Abortion in France is legal upon request until 14 weeks after conception. Abortions at later stages of pregnancy up until birth are allowed if two physicians certify that the abortion will be done to prevent injury to the physical or mental health of the pregnant woman; a risk to the life of the pregnant woman; or that the child will suffer from a particularly severe illness recognized as incurable. The abortion law was liberalized by the Veil Act in 1975.
Abortion in Germany is legal on demand during the first 12 weeks of pregnancy upon condition of mandatory counseling. The same goes later in pregnancy in cases that the pregnancy poses an important danger to the physical or mental health of the pregnant woman. In the case that the abortion is because of a rape, counseling is not mandatory. The woman needs to receive counseling, called Schwangerschaftskonfliktberatung, at least three days prior to the abortion and must take place at a state-approved centre, which afterwards gives the applicant a Beratungsschein.
Lesbian, gay, bisexual, and transgender (LGBT) people in Chad face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are illegal in the country. Before the new penal code took effect in August 2017, homosexual activity between adults had never been criminalised. There is no legal protection against discrimination based on sexual orientation and gender identity.
Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved, as of 2019. The rate of abortion in Israel has steadily declined since 1988, and compared to the rest of the world, abortion rates in Israel are moderate. According to government data, in Israel, abortion rates in 2016 dropped steadily to 9 per 1,000 women of childbearing age, lower than England (16.2) and the United States (13.2). 99% of abortions are carried out in the first trimester. Despite allegations of permitting abortion under limited circumstances, Haaretz noted in 2019 that this is not the case, and abortion is almost always permitted in Israel.
Abortion is illegal in El Salvador. The law formerly permitted an abortion to be performed under some limited circumstances, but in 1998 all exceptions were removed when a new abortion law went into effect.
Abortion in Romania is currently legal as an elective procedure during the first 14 weeks of pregnancy, and for medical reasons at later stages of pregnancy. In the year 2004, there were 216,261 live births and 191,000 reported abortions, meaning that 46% of the 407,261 reported pregnancies that year ended in abortion.
Abortion in Andorra is illegal in all cases; the Co-Princes of Andorra are the President of France and the Bishop of Urgell, who is required to adhere to Roman Catholic teaching on pregnancy. Around 88% of its population identifies as Roman Catholic.
Abortion in Bolivia is illegal, except in the cases of rape, incest, or to protect the woman's health. This policy forms part of the Penal Code laid down in 1973, and has been in force since then. Due to the difficulty of receiving abortions—even if the abortion does fall under one of the exceptions to the law, judicial permission needs to be secured, which can take a very long time—many pregnant women end up having unsafe, clandestine abortions instead. According to the Bolivian Ministry of Health, almost all of the 67,000 abortions performed in Bolivia in 2011 were clandestine, with approximately half of the women who received them needing hospital care afterwards. This practice has been linked to the high maternal mortality rates in the country.
Abortion in Colombia is freely available on request up to the 24th week of pregnancy, due to a ruling by the Constitutional Court on February 21, 2022. Later in pregnancy, it is only allowed in cases of risk of death to the pregnant woman, fetal malformation, or rape, according to a Constitutional Court ruling in 2006.
Abortion laws in Portugal were liberalized on April 10, 2007, allowing an elective abortion to be provided if a woman's pregnancy has not exceeded its tenth week. There is a three-day waiting period for abortions. President Aníbal Cavaco Silva ratified the law allowing abortion, recommending nevertheless that measures should be taken to ensure abortion is the last resort. Despite the liberalization of the laws, as of a 2011 survey, many doctors were refusing to perform abortions – which they are allowed to do under a conscientious objection clause. Abortions at later stages are allowed for specific reasons, such as risk to woman's health reasons, rape and other sexual crimes, or fetal malformation; with restrictions increasing gradually at 12, 16 and 24 weeks.
Women account for approximately 5.5% of the citizenry of Vatican City. According to the Herald Sun in March 2011, there were only 32 females out of 572 citizens issued with Vatican passports and one of them was a nun. In 2013, Worldcrunch reported that there were around 30 women who were citizens of Vatican City, including two South American women, two Poles, and three from Switzerland. The majority of Vatican women at the time were from Italy.
Abortion in Vanuatu is severely restricted by criminal law. Abortion is illegal under the provisions of section 117 of the Vanuatu Penal Code, Act No. 17 or 7 August 1981. The code states that any woman who intentionally induces a miscarriage is subject to up to two years' imprisonment. Abortion is illegal in cases of rape, incest, and threats to fetal health. The only allocations for abortion are "for good medical reasons", which a United Nations report interprets as to save the life of the pregnant woman and to preserve her physical and mental health. Section 113 of the code states that "No person shall, when a woman is about to be delivered of the child, prevent the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had, then died..." although the italicized statement is vague about its meaning.
Abortion in Brunei is legal only when it is done to save a woman's life. In Brunei, a woman who induces her abortion is subject to up to seven years in prison. The penalty for someone who performs an abortion was 10–15 years.
Abortion in Angola is only legal if the abortion will save the woman's life or health and in case of rape or fetal impairments. Any abortion performed under different conditions subjects the woman and the person who performs the procedure to up to five years in prison. If the woman dies as a result of the abortion or if the practitioner performs abortions on a routine basis, the criminal charges are increased by one-third.
Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.
Abortion in Egypt is prohibited by Articles 260–264 of the Penal Code of 1937. However, under Article 61 of the Penal Code, exceptions may be granted in cases of necessity, which has typically been interpreted to permit an abortion necessary to save the life of the pregnant woman. In some cases, this exception has been extended to cases where the pregnancy poses dangers to the pregnant woman's health, and to cases of foetal impairment. A physician can only perform an abortion in such cases when two specialists approve, unless the woman's life is in imminent danger.
Abortion in South Korea was decriminalized, effective 1 January 2021, by a 2019 order of the Constitutional Court of Korea. It is currently legal throughout pregnancy, as no new law has been enacted. Thus there are no gestational limits or other restrictions.
The laws pertaining to abortion in Malaysia are generally ambiguous and specific legislation varies greatly by state. Access to abortion in Malaysia has been hampered by religious, cultural and social stigmas against abortion, poor awareness of abortion legislation among health professionals and the high cost of abortion services in the private health sector. As a result, risky unsafe abortions are prevalent in Malaysia. Under Sections 312–316 of the Penal Code, it is de jure permitted to perform an abortion to save the life of the mother or in cases where their physical or mental health is at risk, for the first 120 days of gestation.
References
- ↑ "Tchad Code Pénal 2017 - Loi n°001/PR/2017" (PDF). 2017. Retrieved 2 February 2019.
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