THE WORLD OF ABORTION RIGHTS  

By Emily Rawle (she/her)

 

Content warnings: abortion, sexual assault, loss of pregnancy, misogyny, mentions of racism 


It is easy to forget the vastness and diversity of our world. Whilst the breath of the human experience is infinite, pregnancy is a thing that touches everyone and everything in some way. We have all been born from someone, while some may choose to give birth themselves, and some may choose not to at all. However, these options are not simple for others. For those who experience an unwanted pregnancy, abortion is an option. Termination services are highly accessible in some parts of the world, and completely obscured in others. 
 
When Western news reports on changes to abortion legislation, chances are that it is related to the United States of America. Despite previously being the first country to constitutionally enshrine the right to access safe abortion, there is endless back and forward between Republicans and Democrats over whether people have the right to bodily autonomy. And since the overturning of Roe vs. Wade, the discussion has become amplified by news and social media.  

Although news about abortion seems to revolve around the slow and painful removal of rights within the US, there is a whole world with different rules and freedoms. It is worth checking and reflecting on the different positions of people around the world, even the places not often considered for their abortion stance.  

What obstacles do other countries face when it comes to the right to end a pregnancy? And is there any legislation without opposition or double-edged swords? 

 

France:  

In March 2024, the focus of abortion-related media shifted to the Republic of France, which became the first country to explicitly enshrine abortion rights into the constitution. Accessing termination services has been safe in France since abortion was legalised in 1975, however now it is considered a constitutional right.  

Hand holding pill and glass of water. Image via Canva

Culturally, abortion was already supported, with recent polls showing that 85% of the public supports constitutional protection to the right to end a pregnancy (BBC, 2024). Newly anointed French Prime Minister Gabriel Attal responded to the verdict saying in French, ‘We're sending a message to all women: your body belongs to you, and no one can decide for you.’ (Reuters, 2024).  

  

Japan:  

One of the most homogenous societies on earth, Japan is culturally traditional in many ways that are unique and beautiful. Unfortunately, Japanese society consistently ranks low in the development of gender equality; however, abortion is relatively accessible and apolitical. This sounds promising on the surface, but there are still barriers that people face when trying to end a pregnancy.  

The main issues critics of the Japanese system cite is the need for spousal consent, and the overwhelming cost and invasive nature of the procedure that deter pregnant people from seeking help in Japan (The Japan Times, 2022).  

In Japan, general contraceptives are expensive and neither emergency contraception medicine nor abortion pill can be obtained without a prescription. The abortion pill itself only became legal as late as 2023 (CNN). This leaves many with few options, some of whom end up carrying the pregnancy to term and subsequently giving the baby up at hospitals or safe drop-off centres.  

Surgical abortion is notoriously hard to access, and the curettage and evacuation method are the only surgical options allowed, the latter method has been described as ‘obsolete’ and is known to be less safe and more painful. Abortion is also expensive, with procedures costing between $1,000 to $4,500 AUD (Washington Post, 2022). 

Consent from the father is another obstacle to obtaining an abortion, the Maternal Protection Law from 1948 stated that women had to obtain written consent from the father, except in cases of rape. Later clarification 60 years later altered it to no longer apply to unmarried couples, or women who could prove impending divorce because of domestic violence.  

Unlike the United States, where anti-choicers attempt to use Christianity to justify and disguise their misogyny and racism, the ethnic homogeny in Japan combined with the prevalence of more spiritually focused religions mean abortion is less controversial in Japan. 

Japan's hesitancy to improve accessibility to abortion instead stems from their male-dominated political system, which does not hold feminism and women's issues as a priority and encapsulates the overall struggle for Japan to improve its gender equality. There is also the social stigma of accessing abortion in a country that is facing a quickly declining birth rate. (VOA, 2024)   

  

Romania:  

 Human Rights Watch reports 'grave disappointment’ with Romanian conditions surrounding the abortion legislation. Although Romanian law permits on-request abortions up to 14 weeks, doctors and hospitals can-- and frequently do, deny the service citing 'conscientious objection. 

Doctor speaking with patient. Image via Canva

This attitude towards abortion can be linked to the history of Romania. Where under the rule of dictator Nicolae Ceausescu in the late 20th century, women were treated extremely harshly. Under his government, abortion was completely banned, and women were subjected to monthly 'menstrual policing', meaning that every pregnancy was tightly supervised from start to finish. As well as this, women were subjected to investigation upon miscarriage or for failing to conceive when expected. The legacy of the 24-year dictatorship is reflected in modern Romanian attitudes to abortion (Alpha History).  

Beyond cultural vilification, there are practical barriers associated with accessing safe and affordable abortions for those in rural, impoverished or marginalised communities. Romania is ranked to be among the poorest members of the European Union, with many rural households lacking electricity and running water. 

 

 The HRW criticism also highlights the lack of access to care for adolescents, made more concerning when considered with EU statistics pointing to Romania as having one of the highest rates of adolescent pregnancies in the region.  

The highly Catholic represented government of Romania seems unwilling to tackle the hypocrisy in their abortion legislation. In front of the European Union, they will present a widespread upon-request availability of care, but then turn around and allow biases to hold back those same people that the legislation was made for.  

 

Benin: 

When it comes to Africa, the 'best’ rights are for those in South Africa, where legislation is relatively liberal when compared to the rest of the continent. However, in 2022, the small West African state of Benin made changes to their abortion legislation that brought international headlines.   

Benin is a small West-African nation that is situated between Togo, Burkina Faso, Niger, and Nigeria. In 2022, the Beninese government ruled that abortion is permitted upon request if the pregnancy is 'likely to aggravate or cause a situation of material, educational, professional or moral distress incompatible with the interests of the woman and/or the unborn child’ and can be performed at up to 12 weeks.  

This is currently one of the most liberal laws in Africa, where the majority of people live under severely restricted abortion rights (The Guardian, 2022). However, there are still hurdles for those who need to access an abortion, resulting in unsafe at-home abortions being performed in Benin, mostly due to knowledge not reaching the populations that do not speak French.  

Sub-Saharan Africa has one of the highest maternal mortality rates in the world, and many of those mortalities are from attempting to perform an unsafe abortion. Factors that contribute to this is the lacking availability of fast and safe care, and difficulty finding reliable sources of information. Many women who try to self-induce abortion learned their methods through family members, friends or colleagues as opposed to any healthcare professionals (MSF, 2023).   

Whilst religious, financial or social issues persist, a clear legislative stance allowing abortion is a positive step.  

Benin has chosen to take a different path when compared to their more conservative neighbours, and with the information spreading throughout the country, more people will be able to access safe and available abortion healthcare.   

 

Australia: 

Here in Australia, legislation on abortion differs from state to state. In most states and territories, abortion can be accessed upon request until between 16-24 weeks gestation, afterwards it can be performed if the pregnancy is not viable or if it poses a risk to the life of the patient. Doctors who are asked to perform an abortion but have conscientious objection are legally required to provide information on how to contact another provider or give a referral (MSI, 2024). 

 

Conclusion:  

In the world of rights to bodily autonomy, there seems to be very few examples of actual freedom that does not come with exceptions or barriers, be they political, physical, social or financial. There are no examples of perfect access to abortion, because there is not one system that everyone can agree on. Politicians should not be making decisions on behalf of others; because they have not taken the time to understand the procedure and the people who undergo it like a medical professional. Personal opinions of government parties should not prevent people from accessing care, because abortion is a serious procedure that should be left to the discretion of doctor and patient, not the state. 

According to the Centre for Reproductive Rights, there is an ‘overwhelming trend towards the liberalisation of abortion laws’ with 60% of women of reproductive age living in countries with liberalised abortion legislation. Additionally, over the last 3 decades more than 60 countries have shifted their abortion legislation towards allowance and acceptance.  

Thankfully, there are more countries have taken the approach of treating reproductive / abortion care as health care.  

In 2023, the United Kingdom was often ranked as the best country to access safe abortion, where it is available under the National Health Service for free, and can be accessed up to 24 weeks surgically, or 10 medicinally. Other countries that are ranked highly include; The Netherlands, Colombia, Iceland and New Zealand, which all have a range of cultural acceptance to abortion, and the legislation to make the procedure easier to access, as well as cost effective. (Wander Onwards, 2023)  

What should matter most is how the life of the person carrying the pregnancy is going to be altered, no matter which decision they make in the end. However, with more campaigning and fundraising, more people around the world will learn about the importance of access to safe abortion.  

 

Note: One Woman Project recognises that pregnancy and abortion affects women, gender diverse people, and trans people and we endeavour to reflect this in our terminology. At times, the term ‘women’ is used in this piece to align with referenced statistics and quotes.  

Sources:  
 
 

Wright, G. 2024, France makes abortion a constitutional right, BBC News, https://www.bbc.com/news/world-europe-68471568  

Lecocq, S & Fuente, G. 2024, French lawmakers make abortion a constitutional right, Reuters, https://www.reuters.com/world/europe/french-lawmakers-hold-vote-make-abortion-constitutional-right-2024-03-04/  

Osumi, M, 2022, Abortion legal and apolitical in Japan, but cost and consent present barriers, The Japan Times, https://www.japantimes.co.jp/news/2022/06/28/national/social-issues/abortion-japan-rights-explainer/    

Ye Hee Lee, M & Mio Inuma, J. 2022, In Japan, abortion is legal — but most women need their husband’s consent, The Washington Post, https://www.washingtonpost.com/world/2022/06/14/japan-abortion-pill-women-reproductive-rights/  

Yeung, J, & Ishikawa, E, 2023, Japan approves first abortion pill, decades after other countries, CNN, https://edition.cnn.com/2023/04/24/asia/japan-abortion-pill-approved-intl-hnk/index.html  

Dalton, E. 2022, Japan’s Stubborn Gender Inequality Problem, East Asia Forum, https://eastasiaforum.org/2022/06/28/japans-stubborn-gender-inequality-problem/  

Voice of America. (2024). Reproductive rights elusive 1 year after Japan’s approval of abortion pill. https://www.voanews.com/a/reproductive-rights-elusive-1-year-after-japan-s-approval-of-abortion-pill-/7577929.html  
 

HRW Oral Statement - Item 6 Universal Periodic Review Outcome Adoption - HRC54, 2023, Romania: Action Lagging on Access to Abortion, Sex Education, Human Rights Watch, https://www.hrw.org/news/2023/10/02/romania-action-lagging-access-abortion-sex-education  

J. Llewellyn & S. Thompson, Romania under Ceausescu, Alpha History, https://alphahistory.com/coldwar/romania-under-ceausescu/#:~:text=In%20the%20late%201960s%2C%20the,called%20%E2%80%9Cmenstrual%20police%E2%80%9D)  

Johnson, S. 2023, Benin passed one of Africa’s most liberal abortion laws. Why are women still dying?, The Guardian, https://www.theguardian.com/global-development/2023/feb/28/benin-africa-liberal-abortion-laws-women-still-dying  

Médecins Sans Frontières (MSF) International. (n.d.). Abortion: Women more at risk of death in fragile and conflict-affected settings | MSF,  https://www.msf.org/abortion-women-more-risk-death-fragile-and-conflict-affected-settings.  

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Center for Reproductive Rights (2023). The World’s Abortion Laws. Center for Reproductive Rights. https://reproductiverights.org/maps/worlds-abortion-laws/  

 

‌ M.W, V. (2022). The Best Countries Abroad for Abortion Access. Wander Onwards. https://wanderonwards.co/best-countries-abroad-for-abortion-access/  

 

MSI Australia (2022). Abortion Law in Australia. MSI Australia.  https://www.msiaustralia.org.au/abortion-law-in-australia/   

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