Abortion in Denmark

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Abortion in Denmark was fully legalized on 1 October 1973, [1] allowing the procedure to be done electively if a woman's pregnancy has not exceeded its 12th week. Under Danish law, the patient must be over the age of 18 to decide on an abortion alone; parental consent is required for minors, except in special circumstances. An abortion can be performed after 12 weeks if the woman's life or health are in danger. A woman may also be granted an authorization to abort after 12 weeks if certain circumstances are proved to be present (such as poor socioeconomic condition of the woman, risk of birth defects in the baby, the pregnancy being the result of rape, or mental health risk to mother). [1]

Contents

History

Percentage of conceptions aborted in Denmark Percentage of conceptions aborted in Denmark.svg
Percentage of conceptions aborted in Denmark

The Danish Code of 1683 called for the execution of any unmarried woman who terminated her pregnancy, [2] [3] and at least 17 women were executed on these grounds in the preceding period 1624–1663. [4]

The Midwife Regulation of 1714 (Jordemoderforordningen) extended the death penalty to midwives who induced abortions, though it is unclear how often the penalty was effectuated. A 1760 case involving the use of illegal abortion drugs was settled administratively with a fine; a 1772 court case over a woman who died following the illegal administering of drugs likewise led only to a fine; [5] and towards the end of the century, death sentences were routinely commuted. [2]

With the new penal code of 1866, the maximum penalty was reduced to eight years of penal labor. In 1930 it was further reduced to two years in prison, and an exemption was added for pregnancies threatening the life of the mother. [2] [6]

The issue of liberal reforms in abortion laws was raised in public and political debate during the 1920s and 1930s, in parallel with the debate around sexual education and birth control. [2] [6]

Abortion was first allowed in 1939 by application; if the doctors deemed the pregnancy fell into one of three categories (harmful or fatal to the mother, high risk for birth defects, or a pregnancy borne out of rape), a woman could legally have her pregnancy terminated. [7] A little more than half of the applications received in 1954 and 1955 were accepted; the low acceptance rates were linked to a surge of illegal abortions performed outside the confines of hospitals. [7] An addendum to the 1939 law was passed on 24 March 1970, [1] allowing elective abortions only for women under the age of 18 who were deemed "ill-equipped for motherhood", and women over the age of 38. [2] [7]

Abortion in Denmark was fully legalized on 1 October 1973, [1] allowing abortion to be done electively if a woman's pregnancy has not exceeded its 12th week. The reform marked a crucial step towards recognizing women's right to make choices about their own bodies. The decriminalization not only ensured access to safe abortion procedures but also aligned Denmark with evolving international standards on reproductive rights.The 1973 law is still valid today and nullifies the 1970 law. [1]

As of 2013, the abortion rate was 12.1 abortions per 1000 women aged 15–49 years, which is below average for the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden). [8] The vast majority of Danes support access to legal abortions. In 2007, polls found that 95% supported the right. [9]

Abortion rights of minors

Danish law generally permits children to consent to medical procedures from the age of 15, [10] but not in the case of abortion where parental consent is required until the age of 18. [11] A minor may petition the government to grant an abortion without parental consent, or (in special cases) even without informing the parents. [11] Such requests number about 20 to 40 per year and are usually granted, though in 2014, one child was refused both parental consent and government exemption and forced to carry her pregnancy to term. [12]

Already in 2003, the Green Left party proposed lowering the age at which an abortion can be had without parental consent to 15, [13] in line with the general Danish age of medical autonomy, [14] but despite securing support from a parliamentary majority, the law remained unchanged at the time. In 2023, the Danish government announced new plans to finally change the law. [15] Children under the age of 15 would still need parental consent.

Access to abortion services

Access to abortion services in Denmark is characterised by both the legal availability of the procedure and efforts to ensure a thorough and comprehensive distribution across regions. Abortion is legally permitted within specified gestational limits and under defined circumstances, such as preserving the woman's health or in cases of socio-economic considerations. This legal framework supports women's autonomy in reproductive choices.

The Danish healthcare system prioritises comprehensive access to abortion services. In both public and private healthcare facilities, they offer different services, contributing to widespread availability. [ compared to? ] The Danish Health Authority compiles and publishes detailed statistics on abortion procedures performed annually, offering transparency on the utilisation of these services. The authority's reports include information on the number of abortions, gestational ages, and relevant demographic data. [ failed verification ]

Furthermore, Denmark emphasizes the provision of information and counselling for individuals considering abortions. Women are entitled to receive accurate information about the procedure, its implications, and available alternatives. These counselling sessions are designed to support informed decision-making and ensure that the individual's choice aligns with her circumstances and values, helping them to make a choice that is well-informed and reflective of their personal situation and ethical considerations.

Abortion methods and techniques

Abortion methods and techniques practiced in Denmark encompass a range of options tailored to individual preferences, medical considerations, and gestational stages. Medical abortions, which involve the use of medication to induce termination, are available within the first trimester. This method typically involves a combination of mifepristone and misoprostol, administered under medical supervision.[ failed verification ]

Surgical abortions are conducted both through aspiration and dilation and evacuation (D&E) procedures. Aspiration, often referred to as vacuum aspiration, is performed in the first trimester. It involves the gentle removal of the pregnancy through suction, usually completed within a brief outpatient procedure. D&E, on the other hand, is employed for pregnancies at later gestational stages. This surgical method entails dilating the cervix and evacuating the uterine contents. [16] [ failed verification ]

The choice of method depends on factors such as gestational age, medical considerations, and patient preferences. Danish healthcare providers prioritize patient safety and well-being, adhering to established medical guidelines and standards of care for abortion procedures. Medical professionals ensure that individuals seeking abortions are informed about the available methods, their implications, and any potential risks. [16] [ failed verification ]

Key figures in abortion reforms

Prominent figures have played vital roles in advocating for abortion reforms in Denmark. Notably, Lone Dybkjær, a Danish politician known for her commitment to women's rights and gender equity, significantly impacted legislative discussions surrounding abortion. Dybkjær's contributions advanced the dialogue on reproductive rights and shaped Denmark's approach to abortion.

Organisations like the Danish Family Planning Association (Sex & Samfund) and women's rights advocacy groups have also been crucial in propelling progressive abortion reforms. These organizations have played active roles in raising awareness about reproductive rights, disseminating accurate information, and advocating for policies that prioritize women's well-being and self-determination.

Faroe Islands

Abortion on the Faroe Islands is still governed by the Danish law of 1956, which restricts abortions to the aforementioned three circumstances (pregnancy harmful or fatal to the mother, high risk for birth defects, or a pregnancy borne out of rape), as Danish politicians were historically unwilling to impose the Danish abortion law on the more conservative Faroese population. [17] [18] Abortion policy was formally devolved to the Faroese Parliament in 2018. [19] [20]

As of 2020, the abortion rate in the Faroe Islands was 2.9 abortions per 1000 women aged 15–44 years, about one-fourth the rate in Denmark. [21] [22] Additionally, some Faroese women travel to Denmark to have the procedure done. [23]

Greenland

Abortion in Greenland was legalized on 12 June 1975, under legislation equivalent to the Danish law. [24]

As of 2019, the abortion rate in Greenland was 79.7 abortions per 1000 women aged 15–44 years, which is among the highest in the world and about six times higher than in Denmark; the number of abortions have exceeded live births every year since 2013. [25] [26] [27] Despite being treated as a public health concern, the rate remains high. [28] [29]

Related Research Articles

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reason women give for having an abortion is for birth-timing and limiting family size. Other reasons reported include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest.

Late termination of pregnancy, also referred to as third trimester abortion, describes the termination of pregnancy by induced abortion during a late stage of gestation. In this context, late is not precisely defined, and different medical publications use varying gestational age thresholds. As of 2015 in the United States, more than 90% of abortions occur before the 13th week, 1.3% of abortions in the United States took place after the 21st week, and less than 1% occur after 24 weeks.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

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.

Many jurisdictions have laws applying to minors and abortion. These parental involvement laws require that one or more parents consent or be informed before their minor daughter may legally have an abortion.

<span class="mw-page-title-main">LGBT rights in the Faroe Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Faroe Islands are relatively similar to that of Denmark. The progress of LGBT rights has been slower, however. While same-sex sexual activity has been legal in the Faroe Islands since the 1930s, same-sex couples never had a right to a registered partnership. In April 2016, the Løgting passed legislation legalizing civil same-sex marriage on the Faroes, recognizing same-sex marriages established in Denmark and abroad and allowing same-sex adoption. This was ratified by the Folketing in April 2017. The law went into effect on 1 July 2017.

<span class="mw-page-title-main">Danish Realm</span> Kingdom of Denmark and its autonomous territories

The Danish Realm, officially the Kingdom of Denmark, is the area over which the monarch of Denmark is head of state. It consists of metropolitan Denmark—the kingdom's territory in continental Europe and sometimes called "Denmark proper" —and the realm's two autonomous regions: the Faroe Islands in North Atlantic and Greenland in North America. The relationship between the three parts of the Kingdom is also known as The unity of the Realm.

Abortion in Norway is available on demand within the first twelve weeks of gestation, measured as 11 weeks and 6 days from the first day of the last menstrual period. After this 12-week time limit, a request must be submitted to a special medical assessment board that will determine whether an abortion will be granted.

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).

Abortion has been legal in India under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.

Same-sex marriage has been legal in the Faroe Islands since 1 July 2017. Legislation allowing same-sex marriage and adoption by same-sex couples was approved by the Løgting on 29 April 2016. The Danish Parliament approved the necessary legislative adaptations on 25 April 2017, and the law received royal assent on 3 May and went into effect on 1 July 2017.

Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made the woman pregnant for fear of getting into legal trouble, rights advocates say.

<span class="mw-page-title-main">LGBT rights in Greenland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Greenland are some of the most extensive in the Americas and the world, relatively similar to those in Denmark proper in Europe. Same-sex sexual activity is legal, with an equal age of consent, and there are some anti-discrimination laws protecting LGBT people. Same-sex couples had access to registered partnerships, which provided them with nearly all of the rights provided to married opposite-sex couples, from 1996 to 2016. On 1 April 2016, a law repealing the registered partnership act and allowing for same-sex marriages to be performed came into effect.

<span class="mw-page-title-main">Abortion law in the United States by state</span> Termination of pregnancy in states of the United States

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.

Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages for serious risk to the health of the woman or fetal defects.

Abortion in Slovakia is legal on request until 12 weeks of pregnancy, and for medical reasons at later stages. Abortion was fully legalized on 23 October 1986. Abortions were provided with restrictions in Slovakia and what is now the Czech Republic as early as 19 December 1957, but it was the 1986 law which removed the requirement of medical approval for abortions before the twelfth week of pregnancy. Girls under 16 require parental consent for an abortion, while girls aged 16 and 17 can have the procedure performed without consent but the parents still have to be notified.

Abortion in Kazakhstan is legal as an elective procedure up to 12 weeks, and special circumstances afterwards. The relevant legislation is based on the laws inherited from the country's Soviet past, when abortion was legally permitted as a contraceptive.

Nepal legalised abortion in March 2002, under the 11th Amendment to the Civil Code. The legal services were successfully implemented on December 25, 2003. The high maternal mortality rates in Nepal lead to the government legalising it. More than 500,000 women sought abortion between 2004–2014. In 2014, 323,100 women in Nepal had the abortion; among this, only 42% of abortions were legal and 19% were treated for abortion complications. Similar study had found the rate of unintended pregnancy as 50%.

Abortion in Ghana is banned except when there is a vaild exemption. The abortion should also be conducted only at a Government hospital; registered private hospital, clinics registered under the Private Hospitals and Maternity Homes Act, 1958 and a place approved by the Minister of Health by a Legislative Instrument. Illegal abortions are criminal offenses subject to at most five years in prison for the pregnant woman who induced said abortion, as well as for any doctor or other person who assisted this pregnant woman in accessing, or carrying out, an abortion. Attempts to cause abortions are also criminal, as are the purveyance, supply, or procurement of chemicals and instruments whose intent is to induce abortions.

As of 2023, Abortion is currently illegal in Indiana, with exceptions for fatal fetal abnormalities, to preserve the life and physical health of the mother, or in cases of rape or incest. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1 was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling, that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. But on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

References

  1. 1 2 3 4 5 Lovtidende for Kongeriget Danmark, Part A, 6 July 1973, No. 32, pp. 993–995
  2. 1 2 3 4 5 Rosenbeck, Bente; Dübeck, Inger (6 April 2020). "abort – historie". Den Store Danske Encyklopædi (in Danish). Archived from the original on 25 January 2021. Retrieved 9 May 2021.
  3. ↑ Andersen, Bjørn, ed. (1683). "Kong Christian den Femtis Danske Lov" [ Danish Code ](PDF). §6.6.7. Archived (PDF) from the original on 20 February 2021. Retrieved 9 May 2021. Letfærdige Qvindfolk, som deris Foster ombringe, skulle miste deris Hals, og deris Hovet settis paa een Stage.[Loose women, who kill their fetus, shall lose their neck and have their head put upon a stake.]
  4. ↑ Manniche, E. (October 1982). "[History of induced abortion in Denmark from 1200 to 1979]". Josanpu Zasshi (in Japanese). 36 (10): 842–7. PMID   6759731.
  5. ↑ Dübeck, Inger (1974). "Jordemødre i retshistorisk belysning" [Midwives in a legal–historical perspective]. Jyske Samlinger (Ny række) (in Danish). Jysk Selskab for Historie. 10: 378. Archived from the original on 22 July 2020. Retrieved 9 May 2021.
  6. 1 2 "Kvindekilder – Abort" [Women's sources – Abortion] (in Danish). KVINFO. 2009. Archived from the original on 17 December 2009. Retrieved 9 May 2021.
  7. 1 2 3 The rocky road to abortion on demand
  8. ↑ Heino, Anna; Gissler, Mika (26 March 2015). "Induced abortions in the Nordic countries 2013". THL . Retrieved 12 January 2016.
  9. ↑ Thimmer, Niels (11 February 2007). "Dansk støtte til fri abort i Portugal". avisen.dk. Retrieved 12 November 2016.
  10. ↑ "Sundhedsloven" [Health Care Act]. 3 August 2023. §17. En patient, der er fyldt 15 år, kan selv give informeret samtykke til behandling. Forældremyndighedens indehaver skal tillige have information, jf. § 16, og inddrages i den mindreåriges stillingtagen.[A patient that has reached the age of 15 can give informed consent to treatment. The holder of parental custody must additionally be informed, cf. § 16, and involved in the decision process of the minor.]
  11. 1 2 "Sundhedsloven" [Health Care Act]. 8 March 2023. §99. Er den gravide under 18 år, og har denne ikke indgået ægteskab, skal forældremyndighedens indehaver samtykke i anmodningen.[If the pregnant person is under 18 years of age, and have not entered into marriage, the holder of parental custody must consent to the request.]
  12. ↑ "Årsberetning 2021 Abortankenævnet" [2021 annual report of the Abortion Appeals Board](PDF). June 2022. p. 14.
  13. ↑ "Flertal for at sænke abortalderen" [Majority for lowering the age of abortion]. Danmarks Radio. 25 January 2003.
  14. ↑ "Lov om patienters retsstilling" [Act on the Legal Status of Patients]. 1 July 1998. §8.
  15. ↑ Rasmussen, Louise; Gotfredsen-Birkebaek, Johannes (25 May 2023). "Denmark wants to lower abortion age without parental consent to 15". Reuters.
  16. 1 2 "Having an abortion in Denmark | International.kk.dk".
  17. ↑ "Question S 1361 for the minister of justice" (in Danish). Folketinget. 9 January 2004. Retrieved 1 June 2018.
  18. ↑ Tin, Hjalte (16 October 2004). "Abort-imperialisme" [Abortion imperialism] (in Danish). Dagbladet Information . Retrieved 1 June 2018.
  19. ↑ Funch, Maja (20 April 2018). "Færøerne ruster sig til hård debat om fri abort" [The Faroe Islands prepare themselves for a tough debate on legalized abortion]. Kristeligt Dagblad (in Danish). Archived from the original on 28 June 2020. Retrieved 28 June 2020.
  20. ↑ Færøernes overtagelse af sagsområdet person-, familie- og arveretten [The Faroese acquisition of the personal, family and inheritance areas of law](PDF) (in Danish). Børne- og Socialministeriet (Ministry for Children and Social Affairs). 2016. pp. 5, 15. ISBN   978-87-999120-9-4. Archived (PDF) from the original on 28 June 2020.
  21. ↑ "IB01030 Population by sex, age and village/city, 1st January". Statistics Faroe Islands. Archived from the original on 26 November 2020. Retrieved 9 May 2021.
  22. ↑ "HM01080 Number of induced abortions by female age". Statistics Faroe Islands. Retrieved 9 May 2021.
  23. ↑ "Færøske gravide får abort i Danmark" [Faroese women get an abortion in Denmark]. Berlingske Tidende (in Danish). 30 August 2008. Retrieved 11 July 2018.
  24. ↑ "Lov for Grønland om svangerskabsafbrydelse" [Law for Greenland about termination of pregnancy]. Law No. 232 of 12 June 1975 (PDF). Archived from the original (PDF) on 31 May 2018. Retrieved 1 June 2018.
  25. ↑ "Population January 1st [BEESTA]". StatBank Greenland. Retrieved 9 May 2021.
  26. ↑ "Livebirth by residence (district) [BEEBBL3]". StatBank Greenland. Retrieved 9 May 2021.
  27. ↑ "Abortions [SUEA1]". StatBank Greenland. Retrieved 9 May 2021.
  28. ↑ "Stadig masser af aborter i Grønland" [Still many abortions in Greenland] (in Danish). DR. 3 July 2007. Retrieved 1 June 2018.
  29. ↑ "Der er for mange aborter i Grønland" [There are too many abortions in Greenland] (in Danish). Naalakkersuisut. 18 September 2015. Archived from the original on 25 August 2018. Retrieved 1 June 2018.
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