Abortion is legally accepted in Hungary starting in 1953, with the most recent change to abortion laws being Act LXXIX of 1992 on the protection of fetal life. [1] [2] Under the current laws, abortions may be performed up to 12 weeks but may be extended up to 24 weeks in certain circumstances.
Access to abortion requires the woman to obtain a certificate from a gynecologist confirming the pregnancy then seek counseling from a midwife at the Family Protection Service at least twice and wait 72 hours before the procedure may be performed. [3]
Abortion was subject to legal liberalization as early as 1953. [4] The abortion law was changed three times since then, in 1956, [4] 1973, [5] and 1992. [6] As a result of that, Hungary has long had a liberal abortion law, although certain obstacles for accessing abortion have always existed. [6] After the fall of communism in Hungary, the country experienced serious social and economic distress; nevertheless, the newly emerging conservative Catholic forces have failed to convince the government to prohibit abortion: the new post-communist 1992 law largely mirrored the old one, in some ways being even more liberal than the former one. [7]
Abortion is regulated under the Act LXXIX of 1992 on the protection of fetal life. [1] [8] Under this law, an abortion is normally allowed until 12 weeks. However, in certain circumstances the limit can be extended to 18, 20 or 24 weeks. A pregnancy may be terminated at any time if the fetus is lethally affected (i.e. anencephaly). The pregnancy can be extended to 18 weeks if the woman's health is in severe danger or is a result of a rape and that added to those conditions, the woman was not aware of her pregnancy before because of a medical condition or of an institution's mistake. To extend it to 24 weeks, the fetus must have a 50% risk of presenting a genetic or teratological malformation (see Birth defect). [3]
In 1998, the country's highest court demanded that a definition be supplied for the term "grave crisis situation", as there were concerns that women undergoing the procedure may not actually be in "crisis", and if they were, that they get psychiatric help after their abortion. [4] On June 29, 2000, the Ministry of Health defined a "grave crisis situation" as "when it causes bodily or mental impairment, or a socially intolerable situation". [5]
The Hungarian Government organized an anti-abortion campaign in 2011 where posters were shown with an image of a baby in the womb, with the caption saying, "I understand that you are not yet ready for me, but give me up to the adoption agency, LET ME LIVE!" The Government has been sharply criticised for using European Union funds on the campaign. An EU Commissioner Viviane Reding said that the campaign "goes against European values." [9]
The new constitution of Hungary, enacted in 2012, states that human life will be protected from the moment of conception, [10] although, so far, the abortion law has not been changed. [11]
Since 2017, because of demographic challenges, Orban's government has put in place a new Family policy in Hungary with the Family Protection Action Plan, providing for example, a flat tax and family allowances in order to increase natality rates in Hungary. [12] With this pro-natalist policy, hospitals have the rights to refuse to provide abortions, clinics that are providing them without trying to discourage women have to face political pressure and the government is putting in place anti-abortion campaigns in the metro and in the schools. Those campaigns are a violation of the European Union's rules regarding the financing programme that Hungary is receiving. [13]
In 2022 15 September, Hungary passed new abortion restrictions, with a Mandatory ultrasounds bill. Where women who are seeking an abortion will now be obliged to “listen to the foetal heartbeat” before they can have an abortion. This Bill was pushed for by the far-right Mi Hazánk (Our Homeland) party. [14] [15] [16]
Hungary is influenced by Roman Catholicism, and, although abortion is legal, it is not easy to access: women must go through a specific procedure involving counseling, a waiting period, and a certificate from a midwife in order to obtain an abortion. [17]
To terminate a pregnancy, the woman and, if possible, the father are required to meet with the Family Protection Service at least twice to receive information about the termination of the pregnancy. The woman has to bring a letter from her gynecologist to confirm the pregnancy and the specially trained midwife of the Family Protection Service will provide her information to choose another solution. If the woman still wants the abortion, she has to come back within 72 hours. The staff member will provide her information about the termination process and issue a hospital referral that the woman and, if possible, the father, must sign. On the day of the abortion, the woman can go to the health institution of her choice and must again sign documents confirming the termination of her pregnancy. [3] According to the Committee on the Elimination of Discrimination against Women, conscientious objection among Hungarian doctors is an obstacle to abortion. [18]
Between 2010 and 2015 the number of reported abortions per year dropped by 22.9 per cent, which was attributed to the introduction of pro-family measures by the Hungarian Government. Adoption is promoted by the state where women do not want to keep their baby. There are also educational classes and aid to families. [19] [20] In July 2022, it was reported that a number of medical practitioners willing to perform abortions had been decreasing. [21]
Year | Number of reported abortions | Induced abortion ratio per 100 live birth |
---|---|---|
1950 | 1,707 | 0.9 |
1951 | 1,700 | 1.0 |
1952 | 1,700 | 1.1 |
1953 | 2,800 | 1.0 |
1954 | 16,300 | 7.2 |
1955 | 35,398 | 16.8 |
1956 | 82,463 | 42.8 |
1957 | 123,383 | 73.8 |
1958 | 145,578 | 91.9 |
1959 | 152,404 | 100.8 |
1960 | 162,160 | 110.7 |
1961 | 169,992 | 121.1 |
1962 | 163,656 | 125.8 |
1963 | 173,835 | 131.4 |
1964 | 184,367 | 139.5 |
1965 | 180,269 | 135.5 |
1966 | 186,773 | 134.9 |
1967 | 187,527 | 126.0 |
1968 | 201,096 | 130.2 |
1969 | 206,817 | 134.0 |
1970 | 192,283 | 126.7 |
1971 | 187,425 | 124.4 |
1972 | 179,035 | 116.8 |
1973 | 169,650 | 108.6 |
1974 | 102,022 | 54.8 |
1975 | 96,212 | 49.5 |
1976 | 94,720 | 51.1 |
1977 | 89,096 | 50.2 |
1978 | 83,545 | 49.7 |
1979 | 80,767 | 50.4 |
1980 | 80,882 | 54.4 |
1981 | 78,421 | 54.9 |
1982 | 78,682 | 58.9 |
1983 | 78,599 | 61.8 |
1984 | 82,191 | 65.6 |
1985 | 81,970 | 63.0 |
1986 | 83,586 | 65.2 |
1987 | 84,547 | 67.2 |
1988 | 87,106 | 70.1 |
1989 | 90,508 | 73.4 |
1990 | 90,394 | 71.9 |
1991 | 89,931 | 70.7 |
1992 | 87,065 | 71.5 |
1993 | 75,258 | 64.3 |
1994 | 74,491 | 64.4 |
1995 | 76,957 | 68.7 |
1996 | 76,600 | 72.8 |
1997 | 74,564 | 74.3 |
1998 | 68,971 | 70.9 |
1999 | 65,981 | 69.7 |
2000 | 59,249 | 60.7 |
2001 | 56,404 | 58.1 |
2002 | 56,075 | 57.9 |
2003 | 53,789 | 56.8 |
2004 | 52,539 | 55.2 |
2005 | 48,689 | 49.9 |
2006 | 46,324 | 46.4 |
2007 | 43,870 | 44.9 |
2008 | 44,089 | 44.5 |
2009 | 43,181 | 44.8 |
2010 | 40,449 | 44.8 |
2011 | 38,443 | 43.7 |
2012 | 36,118 | 40.0 |
2013 | 34,891 | 39.3 |
2014 | 32,663 | 35.7 |
2015 | 31,176 | 34.0 |
2016 | 30,439 | 32.7 |
2017 | 28,496 | 31.1 |
2018 | 26,941 | 30.0 |
2019 | 25,783 | 28.9 |
2020 | 23,901 | 25.9 |
2021 | 21,907 | 23.5 |
2022 | 21,779 | 24.6 |
Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom. Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."
Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.
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.
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.
Abortion in Sweden was first legislated by the Abortion Act of 1938. This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds. That is, if the pregnancy constituted a serious threat to the woman's life, if she had been impregnated by rape, or if there was a considerable chance that any serious condition might be inherited by her child, she could request an abortion. The law was later augmented in 1946 to include socio-medical grounds and again in 1963 to include the risk of serious fetal damage. A committee investigated whether these conditions were met in each individual case and, as a result of this prolonged process, abortion was often not granted until the middle of the second trimester. As such, a new law was created in 1974, stating that the choice of an abortion is entirely up to the woman until the end of the 18th week.
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.
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 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.
Abortion in Poland is illegal except in cases where the pregnancy is a result of a criminal act or when the woman's life or health is in danger. The last change in the Act on Pregnancy Planning of the Republic of Poland took place on 27 January 2021, when publication of the judgment of the Polish Constitutional Tribunal in the Dziennik Ustaw RP took place.
Abortion in Guyana is legal during the first eight weeks of pregnancy, but it is illegal after eight weeks except in cases of endangering the maternal or fetal health. Throughout much of the 20th century, it was officially illegal but rarely were laws against abortion ever enforced. In 1995, legislation was passed which made abortion legal as long as it was done within the first 8 weeks of pregnancy and done with the consent of the pregnant woman and by a licensed medical practitioner.
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 in Greece has been fully legalized since 1986, when Law 1609/1986 was passed effective from 3 July 1986. Partial legalization of abortion in Greece was passed in Law 821 in 1978 that provided for the legal termination of a pregnancy, with no time limitation, in the event of a threat to the health or life of the woman. This law also allowed for termination up to the 12th week of pregnancy due to psychiatric indications and to the 20th week due to fetal pathology. Following the passage of the 1986 law, abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded 12 weeks. In the case of rape or incest, an abortion can occur as late as 19 weeks, and as late as 24 weeks in the case of fetal abnormalities. In case of inevitable risk to the life of the pregnant woman or a risk of serious and continuous damage to her physical or mental health, termination of pregnancy is legal any time before birth. Girls under the age of 18 must get written permission from a parent or guardian before being allowed an abortion.
Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.
Abortion in San Marino is legal in the first 12 weeks of gestation for any reason. It is also legal until fetal viability if the pregnancy poses a risk to the woman's life, if the fetus has an anomaly that poses a risk to the woman's health, or if the pregnancy is the result of rape or incest. In case of risk to the woman's life after fetal viability, the pregnancy may also be interrupted by attempting a live birth.
Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.
A six-week abortion ban, also called a "fetal heartbeat bill" by proponents, is a law in the United States which makes abortion illegal as early as six weeks gestational age, which is when proponents claim that a "fetal heartbeat" can be detected. Medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, say that the reference to a fetal heartbeat is medically inaccurate and misleading, for a conceptus is not called a fetus until eight weeks after fertilization, as well as that at four weeks after fertilization, the embryo has no heart, only a group of cells which will become a heart. Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed.
Algeria is the most restrictive country in the region regarding abortion. There are many laws and punishments regarding abortion. If there are posters, publicity, public meetings, or group meetings that have to do with abortion, anyone involved can be punished.
Mellet v Ireland is a finding from the United Nations Human Rights Committee in 2016 that the Republic of Ireland's abortion laws violated human rights and the International Covenant on Civil and Political Rights by banning abortion in cases of fatal foetal abnormality and by forcing her to travel to the United Kingdom for an abortion.
Abortion in Barbados is legal when performed to save the life of the woman, to preserve her physical or mental health, in cases of foetal impairment, when the pregnancy was caused by rape or incest, and for economic or social reasons. In 1983, Barbados passed the Medical Termination of Pregnancy Act, and abortion was made legal, other than upon request without a physician's oversight. Prior to 12 weeks gestation, the woman must get approval from a physician to obtain an abortion. Between 12 and 20 weeks, two physicians must approve, and three are required after 20 weeks. Before getting the medical procedure, the woman is required to receive counseling. A medical practitioner must perform the abortion services, and after 12 weeks, they must do so in a government-approved hospital.
Abortion in Europe varies considerably between countries and territories due to differing national laws and policies on its legality, availability of the procedure, and alternative forms of support for pregnant women and their families.