My body, my choice. Abortion laws around the world

The decision to have an abortion is not to be taken lightly. It depends on numerous factors, such as what life stage you’re in, whether you can take care of a baby, the people surrounding you, who the father is, and above all – if you are ready to become a mother. Abortion laws vary per country and even per state, as is the case in the US. We feel this is an important issue, and that’s why we want to tell you more about different abortion laws in different countries.

The right to an abortion: my body, my choice

Baas in eigen buik (Boss of my own belly): if you’re Dutch, you’ve probably heard this rallying cry before. During the second feminism movement in the late 1960s, men and women campaigned for equal rights for women. Two major themes were: contraception and abortion. The best known feminist activist group in the Netherlands were the Dolle Mina’s (Mad Minas). This activist group quickly grew thanks to their unconventional protests, and local groups sprang up across the country. The rallying cry Baas in eigen buik was used during demonstrations for the legalisation of abortion and the contraceptive pill. In 1974, the action group Wij Vrouwen Eisen (We Women Demand) was established. They fought for changes in Dutch abortion legislation with the following three demands:

• Abortion had to be removed from the Dutch Penal Code;
• The costs for an abortion had to be covered in health insurance packages;
• And last, but certainly not least: the woman decides.

Still, it wasn’t until 1984 that abortion was legalised in the Netherlands. We weren’t the first country to do so: in Iceland and Sweden, women have been able to have abortions under certain circumstances since 1935 and 1938 respectively.

Abortion legislation in the Netherlands

In the Netherlands, it is legal to have an abortion. However, there are strict regulations associated with it. In the Netherlands, an abortion can be performed up until 24 weeks into your pregnancy; after this period, your child will be able to survive outside the womb, making it viable. In practice, doctors usually adopt a 22-week limit because they can accurately pinpoint the duration of the pregnancy within a two-week margin. After 24 weeks, the pregnancy may only be terminated if there is a compelling medical reason to do so. For example, if the child is no longer viable. In the Netherlands, you can visit a hospital or abortion clinic to have your abortion. This is free if you live in the Netherlands and have health insurance.

Tip: Contraception for men and women: what, how, and why?

Waiting period for an abortion

Good to know: your abortion is subject to a five-day waiting period. This period starts after your first consult with your GP or the abortion clinic. The waiting period is meant to prevent you from making a hasty decision that you may regret later. This isn’t unique: a compulsory waiting period also applies in other countries such as Italy, Germany and Luxemburg. In Belgium and Hungary, you must also consult a psychiatrist or psychologist first.

This mandatory waiting period does not apply if your menstrual cycle is less than 17 days overdue. In that case, the treatment is not considered an abortion but an early termination.

Different abortion methods

There are several different abortion methods you can choose in the Netherlands.

• Abortion pill: If you are less than nine weeks pregnant, you can choose to take the abortion pill. You are given the first pill in the clinic; you insert the second pill vaginally after a couple of days.
• Curettage: Suction curettage is the treatment used up to 13 weeks in the pregnancy and with early termination. This is the safest way to have an abortion. During a curettage, the cervix is emptied with a thin suction tube. You can choose the type of sedation required in consultation with the doctor in your clinic. The curettage itself takes no more than ten minutes.
• Instrumental abortion: From 14 weeks onwards, an instrumental abortion is the only option left. The foetus is then removed with the aid of instruments under local anaesthetic or sedation.

Read more: Female sterilisation: everything you need to know

Abortion in Germany

In Germany, it is just as legal to have an abortion as it is in the Netherlands. Strict rules apply here as well. In Germany, France and Belgium, the limit for an abortion is 12 weeks into the pregnancy. If the pregnancy results from a criminal offence (such as child abuse or rape), or if the child has significant defects, abortion is allowed after 12 weeks under some circumstances. Until recently, it wasn’t easy for German women to find an abortion doctor or clinic: the clinics were not allowed to advertise their services. However, a medical interest group has been set up recently that provides information on abortion services.

Abortion laws in the United Kingdom

As in the Netherlands, in the United Kingdom you are allowed to have an abortion until 24 weeks into your pregnancy. These two countries form an exception to other European countries in terms of the high term limit. That is why some women cross the border to have an abortion. How many women do so is not known. In 2014, some 3,000 women travelled to the Netherlands to have an abortion. They came from countries such as France, Germany and Belgium. In the UK, in 2016 roughly 5,000 women travelled to the country to have an abortion.

Abortion in the United States

The right to have an abortion falls under the ‘right to privacy’ in the US. In 1973, the US Supreme Court case Roe vs Wade set a landmark precedent favouring abortion. Jane Roe was a pseudonym for Norma McCorvey. She wanted to have an abortion, but this was impossible in her home state of Texas. She had never expected her case against the state to lead to the US Supreme Court’s decision declaring that most laws against abortion in the US were unconstitutional.

Each state has at least one abortion clinic, but the laws vary per state. In many states (such as New York and California), the foetus must not be old enough to survive outside the womb when the abortion is carried out. In other states, a clear limit is set, such as 24 weeks in Florida, 25 weeks in Virginia, and 22 weeks in the Dakotas. The compulsory waiting time applies in some states, but not all of them.

Conservative Texas abortion law

Although most women don’t know they’re pregnant by the sixth week of their pregnancy, this is the line that the State of Texas in the US has drawn as the limit for having an abortion. This recently implemented controversial abortion law has led to extensive protests. Even women and girls who have gotten pregnant through rape or incest are not allowed to have an abortion after the six-week limit. The American government has even sued the state of Texas over this ultra-conservative law. People are also permitted to tell on others; if their information leads to a conviction, the informant receives a bonus of no less than ten thousand dollars. Texas is not the only state with such strict abortion laws: twelve other states are trying to implement similarly restrictive laws. The main difference is that those laws have, until now, been overruled by the higher courts. The mainly Republican, conservative US Supreme Court, however, upheld the Texas law.

Abortion laws worldwide

Total ban and uphill struggle

There are only a few countries in the world where abortion is not allowed under any circumstances. El Salvador, Honduras, Nicaragua, and the Dominican Republic are among those countries. In Central and South America, it is legal to have an abortion in some countries, such as Cuba, Guyana, and the capital of Mexico, Mexico City. Although abortion is legal in some other countries, it is not easy to have one even if you do meet the legal requirements.

The strictest abortion laws in Europe

In Poland, thousands of people have taken to the streets in recent months protesting a new, even stricter abortion law. An abortion is now only possible if the mother’s life is in danger or if the pregnancy is the result of rape or incest. A woman’s right to make a decision about her own body has almost completely disappeared. But there are also several conservative microstates in Europe, such as Vatican City, Andorra, and Malta, that take this even further and ban abortion altogether. Abortion in Ireland was also forbidden until recently, even if you were pregnant due to incest or rape or if your child had severe defects.

The right to make decisions about your own body: many countries are on the right track, but many more still have a very long way to go. Millions of women worldwide don’t have access to contraception, let alone abortion. We hope that someday soon, every woman will have the right to be the boss of her own belly.