Abortion Rights in Europe: A Look at Recent Developments

As France becomes the only country to explicitly guarantee abortion rights in its constitution, other European nations reflect on the US rollback of abortion access and consider the potential for similar restrictions in their own countries.

As France takes a significant step by explicitly enshrining the right to abortion in its constitution, other European nations are reflecting on the recent rollback of abortion access in the United States and contemplating the possibility of similar challenges to abortion rights in their own countries.

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Poland: Restrictive Abortion Laws and Tragic Consequences

In Poland, where Catholicism holds a strong influence, abortion is banned in almost all cases, with exceptions only for situations where a woman's life or health is at risk or in cases of rape or incest. Until 2020, abortions were permitted in cases of fetuses with congenital defects, but this provision was struck down, leading to devastating consequences.

The restrictive laws have resulted in tragic outcomes, particularly for women in later stages of pregnancy who desire to have a child. Women's rights activists report instances where doctors wait for fetuses with no chance of survival to die in the womb rather than perform an abortion, leading to cases of sepsis and even death for the women involved.

The issue of abortion has become a contentious topic under the new government, with many citizens seeking an easing of the law. However, conservative elements within the coalition government resist such changes, leading to ongoing debates about whether a referendum should be held to address the matter.

United Kingdom: Addressing Legal Inconsistencies

In the United Kingdom, abortion was partially legalized by the 1967 Abortion Act, allowing abortions up to 24 weeks of pregnancy with the approval of two doctors. Later abortions are permitted in certain circumstances, such as when the mother's life is in danger.

However, a legal inconsistency arises from the Offences Against the Person Act of 1861, which allows for the prosecution of women who undergo abortions after 24 weeks in England and Wales. This inconsistency came to light when a 45-year-old woman was sentenced to 28 months in prison for ordering abortion pills online to induce a miscarriage at 32 to 34 weeks of pregnancy. Following public outcry, her sentence was reduced.

To address this issue, lawmakers in Parliament are scheduled to vote this month on removing the relevant section of the 1861 law. While doctors assisting women in late abortions could still face charges, the proposed change is expected to garner cross-party support and pass.

Western Balkans: Preserving Abortion Rights Amidst Challenges

The former Yugoslavia, under Communist rule, initiated the expansion of abortion rights in the 1950s and enshrined them in the 1974 Constitution, which affirmed an individual's freedom to decide on having children, subject to limitations only for health protection reasons.

Following the dissolution of the federation during the bloody wars of the 1990s, the former republics retained the existing abortion laws. In Serbia, the 2006 Constitution upholds the right to decide on childbirth, although marginal groups have called for its revocation.

In Croatia, despite staunch Catholic influence, attempts by conservative and religious groups to ban abortion have been unsuccessful. However, many doctors refuse to perform abortions, compelling Croatian women to seek the procedure in neighboring countries. Protests erupted in 2022 when a woman was denied an abortion despite her baby's health issues.

Malta: Easing Strict Abortion Laws

Malta, which previously held the distinction of having the strictest abortion law in the European Union, made significant progress last year by relaxing its legislation. This change was prompted by a critical incident involving an American tourist who suffered a miscarriage and required urgent medical attention, leading to her airlift from the island nation.

The new Maltese legislation, while still restrictive, allows for abortion when a woman's life is at risk, subject to the consent of three specialists. In cases of imminent risk to life, the approval of only one doctor is necessary.

Prior to this amendment, abortion was completely prohibited in Malta, with severe penalties of up to three years in prison for undergoing the procedure and up to four years for assisting a woman in obtaining an abortion.

Italy and San Marino: Balancing Access and Conscientious Objections

Italy, despite facing pressure from the Vatican, has guaranteed access to abortion since 1978. Women can terminate pregnancies upon request within the first 12 weeks of pregnancy, or later if their health or life is endangered.

However, the 1978 law allows medical personnel in the predominantly Roman Catholic country to register as conscientious objectors. In practice, this often significantly reduces women's access to the procedure or forces them to travel long distances to obtain it.

San Marino, a tiny republic surrounded by Italy, was one of the last European states to criminalize abortion under all circumstances until 2022. However, it legalized the procedure in the first 12 weeks of pregnancy, aligning itself with other European nations.

Russia: Abortion Rights Under Pressure

In Russia, abortion is legal and widely available, but authorities have been actively seeking to restrict access to it. President Vladimir Putin's emphasis on traditional values, aimed at rallying citizens and boosting population growth, has contributed to this trend.

Women in Russia can terminate a pregnancy without conditions up to 12 weeks, up to 22 weeks in cases of rape, and at any stage for medical reasons. However, pressure on abortion rights intensified after Moscow's invasion of Ukraine in 2022.

Since 2023, seven Russian regions have enacted laws punishing anyone found to coerce women into abortions. These developments indicate a shift towards restricting abortion access in Russia.

As European nations navigate the complexities of abortion rights, they grapple with balancing individual freedoms, cultural and religious influences, and the well-being of women. The ongoing debates and legal changes reflect the dynamic nature of abortion rights in Europe and the challenges that lie ahead in ensuring women's reproductive autonomy and access to safe and legal abortion services.