Abortion remains one of the most controversial and polarizing issues globally, representing the intersection of human rights, personal liberty, religion, public health, and state control. A landmark moment in the legal history of reproductive rights came with the 1973 United States Supreme Court decision in Roe v. Wade, which recognized a constitutional right to abortion. However, the recent overturning of this precedent in Dobbs v. Jackson Women’s Health Organization (2022) has reignited global debates and spotlighted how different jurisdictions treat the question of abortion rights. This article explores the legacy of Roe v. Wade, its impact on global jurisprudence, and how abortion rights are interpreted and implemented across various legal systems.
The Roe v. Wade Decision (1973)
In Roe v. Wade, the U.S. Supreme Court held that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The Court grounded this right primarily in the Due Process Clause of the Fourteenth Amendment, recognizing it as part of the “right to privacy.”
The ruling divided pregnancy into three trimesters:
- First Trimester: The state could not interfere with a woman’s decision to have an abortion.
- Second Trimester: The state could regulate abortion procedures in ways reasonably related to maternal health.
- Third Trimester: Once the fetus became viable, the state could regulate or even prohibit abortions, except where necessary to preserve the life or health of the mother.
This framework granted women unprecedented reproductive autonomy, symbolizing a progressive shift in American constitutional law. Roe became a beacon for reproductive rights worldwide and influenced courts and legislatures in several democratic nations.
Overturning of Roe v. Wade: A Reversal of Progress?
In 2022, the U.S. Supreme Court reversed Roe in Dobbs v. Jackson Women’s Health Organization, ruling that the Constitution does not confer a right to abortion, and that such regulation should be left to individual states. This decision caused widespread concern among reproductive rights advocates and has implications beyond U.S. borders, potentially emboldening anti-abortion movements elsewhere.
The overturning signaled a retreat from the earlier stance of recognizing reproductive autonomy as a constitutional right and raised fears about potential erosions in bodily autonomy and women’s rights.
Comparative Abortion Laws: A Global Overview
1. Europe
Europe presents a relatively liberal picture on abortion, though with nuanced variations.
- United Kingdom: The Abortion Act of 1967 allows abortion up to 24 weeks, with two doctors’ approval, and beyond that in cases of serious risk.
- France: Allows abortion on request up to 14 weeks of pregnancy, with full coverage under public healthcare.
- Germany: Permits abortion up to 12 weeks with mandatory counseling and a three-day waiting period.
- Poland: Among the most restrictive in Europe, permitting abortion only in cases of rape, incest, or risk to the woman’s life.
2. Latin America
Latin America has seen a recent wave of liberalization, spurred by feminist movements and public health considerations.
- Argentina: Legalized abortion in 2020 up to the 14th week of pregnancy.
- Mexico: The Supreme Court decriminalized abortion in 2021, encouraging states to follow suit.
- Brazil: Allows abortion only in cases of rape, risk to the mother’s life, or fatal fetal abnormality.
3. Africa
Africa remains deeply divided, with abortion laws often influenced by religious and colonial legacies.
- South Africa: The Choice on Termination of Pregnancy Act, 1996 permits abortion on request up to 12 weeks and on broader grounds thereafter.
- Nigeria and Kenya: Have restrictive abortion laws, permitting it only to save the woman’s life.
- Ethiopia: Allows abortion under broader circumstances, including rape, incest, or physical/mental disability.
4. Asia
Abortion laws in Asia vary widely, with some nations being remarkably liberal and others highly restrictive.
- India: The Medical Termination of Pregnancy (MTP) Act, 1971 (amended in 2021) allows abortions up to 24 weeks in specific cases and provides a rights-based approach to reproductive autonomy.
- China: Historically liberal in allowing abortions due to its one-child policy legacy but is now discouraging abortions to combat declining birth rates.
- Philippines: One of the most restrictive countries, criminalizing abortion under all circumstances.
5. Middle East
Predominantly conservative due to Islamic law influences, most countries in the Middle East prohibit abortion except when the mother’s life is at risk. Tunisia is a notable exception, permitting abortion on request up to 12 weeks.
International Human Rights Standards
Global human rights bodies increasingly recognize reproductive rights, including access to safe abortion, as part of the right to health, privacy, and freedom from cruel, inhuman or degrading treatment.
- UN Committee on the Elimination of Discrimination against Women (CEDAW) has called for the decriminalization of abortion and access to safe procedures.
- Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR) has emphasized that restrictive abortion laws can violate women’s rights under Article 7 (freedom from inhuman treatment) and Article 17 (privacy).
- WHO guidelines stress that access to safe abortion is critical to reducing maternal mortality and morbidity.
The Indian Perspective
India’s trajectory on abortion rights stands in contrast to the United States. The 2021 amendment to the MTP Act expanded access and emphasized the dignity and autonomy of pregnant individuals. Indian courts have repeatedly recognized reproductive choice as a fundamental aspect of personal liberty under Article 21 of the Constitution.
The Supreme Court, in X v. Principal Secretary, Health and Family Welfare Department (2022), held that unmarried women too are entitled to safe abortion, affirming that marital status cannot be a ground to deny bodily autonomy.
Conclusion
Roe v. Wade symbolized a transformative era for reproductive rights, extending beyond American borders to inspire a global discourse on bodily autonomy and liberty. While its fall marks a dark chapter in the fight for gender justice, it has also illuminated the resilience of rights-based movements across continents.
Today, the global legal landscape on abortion remains fractured, marked by progressive reforms on one hand and regressive rollbacks on the other. As courts and legislatures worldwide confront this fundamental issue, the core question remains: Should the state have dominion over a woman’s body, or must the law affirm her right to choose?
The future of abortion rights will be shaped not merely by legal doctrines but by the enduring commitment of civil society, legal practitioners, and global institutions to uphold the principles of equality, dignity, and autonomy for all.
Contributed by : Aishwarya Sharma (Intern)