The right to abortion in foreign countries
DOI:
https://doi.org/10.5281/zenodo.15305654Keywords:
termination of pregnancy, international legal regulation, constitutional legal regulation, responsibilityAbstract
The article is devoted to the study of the regulation of abortion rights in different countries around the world. It analyzes the provisions of constitutions and other legal sources that establish the right to abortion, as well as certain prohibitions or restrictions on pregnancy termination. This issue is complex, multifaceted, and remains the subject of intense debate. Its complexity is deepened by the intersection of ethical, moral, legal, medical, philosophical, religious, and other dimensions, which complicates its unambiguous perception and precludes the possibility of a universal approach. The formalization of a woman’s right to abortion in normative legal acts became widespread only in the second half of the 20th century, when criminal liability for abortion began to be abolished. Today, the most liberal states in the world legalize abortion. The diversity of legal approaches is illustrated by country practices, with nearly one-third of states allowing abortion in cases where the mother’s life or health is at risk, and another half allowing it in cases of rape, incest, or the detection of fetal anomalies. Most countries permit abortion based on social or economic reasons or at the woman’s request. In the author’s view, legal awareness in matters of abortion regulation is critically important. Even in countries where abortion is legal, women often face barriers in accessing safe medical services due to a lack of proper legislative regulation, insufficient healthcare infrastructure, or political obstacles. International human rights instruments emphasize the right of women to make autonomous decisions regarding reproduction, including the right to abortion. Reproductive rights are considered fundamental for ensuring gender equality and the protection of human rights. The author concludes that the issue of abortion regulation remains the subject of active discussion in international legal scholarship and political practice. The variety of approaches confirms the difficulty of establishing a unified legal standard acceptable to all countries. At the same time, there is a clear trend toward recognizing abortion rights as an integral component of women’s reproductive rights, which are viewed as fundamental human rights. According to the author, raising legal awareness in the field of reproductive rights should be a priority for every legal system, and states must ensure not only the legal recognition of this right but also its practical implementation—through well-developed healthcare infrastructure, non-discriminatory access procedures, and the safeguarding of women’s autonomy in decision-making. Further research should focus on assessing the impact of national restrictions on women’s reproductive health and identifying balanced legal models that respect both individual autonomy and societal values.
