Sources:
WORLD HEALTH ORGANIZATION (WHO), Safe Abortion: Technical and Policy Guidance for Health
Systems, Geneva, 2003, www.who.int/reproductive-health; and CENTER FOR REPRODUCTIVE RIGHTS
(CRR), Reflections on Abortion, Briefing paper, New York, 2003, www.reproductiverights.org.
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“At present, approximately 90 percent of the countries of the world, representing 96 percent of the world
population, have policies that permit abortion under varying legal conditions to save the life of a woman.”
(United Nations, ICPD, 1994)
“More than 72% of the world’s population lives in countries where a pregnancy that is the result of rape or
incest can be terminated.”
Family Care International (1999)
Every year, an estimated 46 million women around the world turn to abortion to end an unwanted pregnancy.
Legislation on abortion varies enormously from one country to another, with a trend towards adoption of more
liberal laws. Since 1985, 19 countries have liberalized their laws.
Currently, 62% of the world’s population lives in 55 countries where abortion is legal, either without restrictions
as to the reason or it is allowed for socio-economic reasons; while 25% lives in 54 countries which completely
prohibit abortion or permit it only to save the life of the mother.
Types of abortion legislation in the world
1- Total abortion ban: The most restrictive laws are those that prohibit abortion under all circumstances and are
in countries where approximately 4% of the world’s population lives. These laws define abortion as a crime
and punish the provider and often also the women who undergo the procedure. In Latin America, only
Colombia, Chile and El Salvador have this type of laws.
2- Abortion permitted to save the woman’s life: These slightly less restrictive laws allow abortion to save the
pregnant woman’s life. This type of legislation exists in countries where approximately 24.9% of the world’s
population resides. Panama, Paraguay and Venezuela are in this category.
3- Abortion permitted in the case of fetal impairment: Countries with restrictive laws are increasingly
allowing abortion in such cases due to the fact that it is now possible to diagnose these conditions, many of
which are considered incompatible with the life of the fetus outside the womb. In other countries the law does
not specifically refer to fetal impairment, but rather permits abortion for reasons of mental health given the
anguish this type of diagnosis causes.
4- Abortion permitted for the health of the woman: In addition to permitting abortion when it is necessary to
save the woman’s life, these laws also permit the procedure to prevent harm to the pregnant woman’s physical
or mental health. This type of legislation is in force in countries with approximately 13.2% of the world’s
population. Some countries sometimes follow the World Health Organization’s recommendations in the
implementation of these norms. Countries in this category, in addition to allowing abortion to save the
woman’s life, also permit it in cases of rape, incest or fetal impairment. Poland, Spain and Peru are some of
the countries that have this type of law.
5- Abortion permitted based on the woman’s socio-economic situation: Laws in this category permit abortion
to save the woman’s life and to protect her physical and mental health, and also permit that the woman’s
economic resources, age, civil status and number of children be considered. Such legislation exists in countries
with approximately 20.2% of the world’s population. Additionally, some of these countries explicitly allow
access to legal abortion in cases of rape, when the pregnancy is the result of incest or when there is a strong
possibility of serious fetal impairment. Australia, Great Britain, India and Japan are some of the countries that
have this type of law.
6- Abortion without restriction: Lastly, the least restrictive abortion laws are those that permit abortion without
restriction as to reason. This type of legislation is found in countries with 41.4% of the world’s population. In
these countries, access can be restricted on the basis of the stage of the pregnancy, may require authorization
by third parties or impose waiting periods. Canada, Cuba, Italy, the United States, France and South Africa are
among the countries with this type of law. It is important to note that even in countries with the least restrictive
laws, abortion is regulated like other medical procedures.