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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 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 reasons why women have abortions are diverse and vary across the world. Reasons 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.
The United States abortion-rights movement is a sociopolitical movement in the United States supporting the view that a woman should have the legal right to an elective abortion, meaning the right to terminate her pregnancy, and is part of a broader global abortion-rights movement. The movement consists of a variety of organizations, with no single centralized decision-making body.
Abortion in the United States and its territories is a divisive issue in American politics and culture wars, with widely different abortion laws in U.S. states. Since 1976, the Republican Party has generally sought to restrict abortion access based on the stage of pregnancy or to criminalize abortion, whereas the Democratic Party has generally defended access to abortion and has made contraception easier to obtain. The abortion-rights movement advocates for patient choice and bodily autonomy, while the anti-abortion movement maintains the fetus has a right to live. Historically framed as a debate between the pro-choice and pro-life labels, most Americans agree with some positions of each side. Support for abortion gradually increased in the U.S. beginning in the early 1970s, and stabilized during the 2010s.
Late termination of pregnancy, also referred to as late-term 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.
Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks gestational age. Viability depends upon factors such as birth weight, gestational age, and the availability of advanced medical care. In low-income countries, half of newborns born at or below 32 weeks gestational age died due to a lack of medical access; in high-income countries, the vast majority of newborns born above 24 weeks gestational age survive.
Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade, the 1973 landmark case that legalized abortion in the United States. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of several countries.
Timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism; for that, see Timeline of feminism.
Since 2021, abortion is no longer a crime in Mexico, although its legalisation varies by state. On 7 September 2021, the Mexican Supreme Court unanimously ruled that penalising abortion is unconstitutional, setting an important precedent across the whole country. Before 2019, abortion had been severely restricted outside of Mexico City, where it was legalized on-request in 2007. As of June 2022, abortion is available on request to any woman during the first twelve weeks of a pregnancy in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur and Quintana Roo. However, even in states where abortion is legal, there continue to be women in pre-trial detention for murder due to the spontaneous miscarriage of a pregnancy induced by rape.
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).
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 counseling requirements. Abortion laws tend to be the most strict in the Southern United States and the most lenient in the Northeastern and Western United States.
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 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. Under the current laws, abortions may be performed up to 12 weeks but may be extended up to 24 weeks in certain circumstances.
United Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991), was a decision by the Supreme Court of the United States establishing that private sector policies prohibiting women from knowingly working in potentially hazardous occupations are discriminatory and in violation of Title VII and the Pregnancy Discrimination Act of 1978. The case revolved around Johnson Controls' policy of excluding fertile women from working in battery manufacturing jobs because batteries contain high amounts of lead, which entails health risks to people's reproductive systems and fetuses. At the time the case was heard, it was considered one of the most important sex-discrimination cases since the passage of Title VII.
Abortion in Georgia is legal up to the start of embryonic cardiac-cell activity, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as embryonic cardiac electrical activity can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.
Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.
Abortion in Michigan is legal beyond fetal viability. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed by 57 percent, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.
Abortion in Ohio is legal in some cases, as determined by a so called "Heartbeat bill". This bill states a person who intends to perform or induce an abortion on a pregnant woman shall determine whether the fetus has a detectable heartbeat, which would be detectable as soon as 6 weeks into the pregnancy. If the "heartbeat" is present, the abortion procedure is illegal. This terminology is highly contested by medical professionals, as a conceptus is not called a fetus until after ten weeks of pregnancy, before which the proper term is an embryo. additionally, the embryo has no heart at this stage of development, and as such, the "fetal heartbeat" is more accurately described as a collection of cells with electrical activity.
Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.
Abortion in California is legal up to the point of fetal viability. An abortion ban was in place by 1900, and by 1950, it was a criminal offense for a woman to have an abortion. In 1962, the American Law Institute published their model penal code as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion, and California adopted a version of this code. In 2002, California passed a law guaranteeing women the right to have an abortion "prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman." In 2022, California voters overwhelmingly approved Proposition 1, which amended the Constitution of California to explicitly protect the right to abortion and contraception by a margin of 33.76%.
References
- ↑ Greenhouse, Linda (October 11, 1990). "Justices Listen to Arguments On Fetal Protection Policy". The New York Times . New York City. Retrieved July 12, 2015.
- ↑ Scannell, Theresa M (1991). "Fetal Protection Policies No Longer a Bona Fide Occupational Qualification Defense" (Free PDF available). Marquette Law Review. Milwaukee, WI: Marquette University. 75: 1196. Retrieved July 12, 2015.
- ↑ "Excerpts From Court Ruling on 'Fetal Protection' Policy in Job Screening". New York Times. New York City. 21 March 1991. Retrieved 12 July 2015.
- ↑ Becker, Mary E. (1986). "From Muller v. Oregon to Fetal Vulnerability Policies" (Free PDF download). The University of Chicago Law Review. Chicago: University of Chicago. 53 (4): 1219–1273. doi:10.2307/1599748. JSTOR 1599748 . Retrieved 12 July 2015.
- ↑ Hamlet, Pendleton Elizabeth (1990). "Fetal Protection Policies: A Statutory Proposal in the Wake of International Union UAW v. Johnson Controls Inc" (Free PDF available). Cornell Law Review. Cornell University. 75 (5): 1109. Retrieved 12 July 2015.
- ↑ O'Brien, Christine Neylon; et al. (1990). "Employer Fetal Protection Policies at Work: Balancing Reproductive Hazards with Title VII Rights" (Free PDF download). Marquette Law Review. Milwaukee, WI: Marquette University. 74: 147. Retrieved 12 July 2015.
- ↑ Mezey, Susan Gluck (2008). "UAW v. Johnson Controls, 499 U.S. 187 (1991)" (Gale: U.S. History in Context). Encyclopedia of the Supreme Court of the United States. Vol. 5. Macmillan Reference USA.