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KEY FACTS ON ABORTION
© John Wells
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OVERVIEW
An abortion is a medical procedure that ends a pregnancy. It is a basic healthcare
need for millions of women, girls and others who can become pregnant.
Worldwide, an estimated 1 in 4 pregnancies end in an abortion every year.
But while the need for abortion is common, access to safe and legal abortion
services is far from guaranteed for those who may need abortion services.
In fact, access to abortion is one of the most hotly contested topics globally, and
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the debate is clouded by misinformation about the true rami cations of restricting
access to this basic healthcare service.
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KEY FACTS
1 IN 4
pregnancies end in abortion every
year.
25 MILLION
unsafe abortions take place each year.
HERE ARE THE BASIC FACTS ABOUT ABORTION THAT EVERYONE
SHOULD KNOW
People have abortions all the time, regardless of what the law says
Ending a pregnancy is a common decision that millions of people make – every year a
quarter of pregnancies end in abortion.
And regardless of whether abortion is legal or not, people still require and regularly
access abortion services. According to the Guttmacher Institute, a US-based
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reproductive health non-pro t, the abortion rate is 37 per 1,000 people in countries
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that prohibit abortion altogether or allow it only in instances to save a woman s life, and
34 per 1,000 people in countries that broadly allow for abortion, a difference that is
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not statistically signi cant.
When undertaken by a trained health-care provider in sanitary conditions, abortions are
one of the safest medical procedures available, safer even than child birth.
But when governments restrict access to abortions, people are compelled to resort to
clandestine, unsafe abortions, particularly those who cannot afford to travel or seek
private care. Which brings us to the next point.
Criminalising abortion does not stop abortions, it just makes abortion
less safe
less safe
Preventing women and girls from accessing an abortion does not mean they stop
’
needing one. That s why attempts to ban or restrict abortions do nothing to reduce the
number of abortions, it only forces people to seek out unsafe abortions.
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Unsafe abortions are de ned by the World Health Organisation (WHO) as “a procedure
for terminating an unintended pregnancy carried out either by persons lacking the
necessary skills or in an environment that does not conform to minimal medical
standards, or both. ”
They estimate that 25 million unsafe abortions take place each year, the vast majority
of them in developing countries.
In contrast to a legal abortion that is carried out by a trained medical provider, unsafe
abortions can have fatal consequences. So much so that unsafe abortions are the third
leading cause of maternal deaths worldwide and lead to an additional five million
largely preventable disabilities, according to the WHO.
©EITAN ABRAMOVICH/AFP/Getty Images
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A demonstrator paints a legend on the street in demand of women s access to safe, free and legal abortion,
during a rally outside the National Congress in Buenos Aires, on April 10, 2018.
Almost every death and injury from unsafe abortion is preventable
Deaths and injuries from unsafe abortions are preventable. Yet such deaths are common
in countries where access to safe abortion is limited or prohibited entirely, as the
majority of women and girls who need an abortion because of an unwanted pregnancy
are not able to legally access one.
In countries with such restrictions, the law typically allows for what are known as narrow
exceptions to the legislation criminalizing abortion. These exceptions might be when
pregnancy results from rape or incest, in cases of severe and fatal fetal impairment, or
when there is risk to the life or health of the pregnant person. Only a small percentage
of abortions are due to these reasons, meaning the majority of women and girls living
under these laws might be forced to seek unsafe abortions and put their health and
lives at risk.
Those who are already marginalized are disproportionately affected by such laws as they
have no means to seek safe and legal services in another country or access private care.
They include women and girls on low income, refugees and migrants, adolescents,
lesbian, bisexual cisgender women and girls, transgender or gender non-conforming
individuals, minority or Indigenous women.
The WHO has noted that one of the first steps toward avoiding maternal deaths and
injuries is for states to ensure that people have access to sex education, are able to use
effective contraception, have safe and legal abortion, and are given timely care for
complications.
Evidence shows that abortion rates are higher in countries where there is limited access
to contraception. Abortion rates are lower where people, including adolescents have
information about and can access modern contraceptive methods and where
comprehensive sexuality education is available and there is access to safe and legal
abortion on broad grounds.
Many countries are starting to change their laws to allow for greater
access to abortion
Over the last 25 years, more than 50 countries have changed their laws to allow for
greater access to abortion, at times recognizing the vital role that access to safe
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abortion plays in protecting women s lives and health. Ireland joined that list on 25 May
2018 when, in a long-awaited referendum, its people voted overwhelmingly to repeal
the near-total constitutional ban on abortion.
Despite the trend towards reforming laws to prevent deaths and injuries, some
countries, including Nicaragua and El Salvador, maintain draconian and discriminatory
laws that still ban abortion in virtually all circumstances. In fact, according to the WHO,
across the globe 40% of women of childbearing age live in countries with highly
restrictive abortion laws, or where abortion is legal, is neither available or accessible. In
these states, abortion is banned or only permitted in highly restricted circumstances, or
if legal, is not accessible due to multiple barriers to access in practice.
Even in states with broader access to legal abortion, pregnant individuals can still face
multiple restrictions on and barriers to access to services such as cost, biased
counselling, mandatory waiting periods. The WHO has issued technical guidance for
states on the need to identify and remove such barriers.
©PETER MUHLY/AFP/Getty Images
Demonstrators hold placards and candles in memory of Indian Savita Halappanavar in support of legislative
change on abortion during a march from the Garden of Remembrance to the Dail (Irish Parliament) in Dublin,
Ireland on November 17, 2012.
Criminalising or restricting abortion prevents doctors from providing
basic care
Criminalisation and restrictive laws on abortion prevent health-care providers from doing
their job properly and from providing the best care options for their patients, in line
with good medical practice and their professional ethical responsibilities.
Criminalisation of abortion results in a “chilling effect”, whereby medical professionals
may not understand the bounds of the law or may apply the restrictions in a narrower
way than required by the law. This may be because of a number of reasons, including
personal beliefs, stigma about abortion, negative stereotypes about women and girls, or
the fear of criminal liability.
It also deters women and girls from seeking post-abortion care for complications due to
unsafe abortion or other pregnancy related complications.
Claire Malone, a young woman from Ireland, who already had two children, shared her
harrowing testimony with Amnesty International Ireland of how her right to health was
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undermined by not being able to access an abortion due to the country s strict abortion
laws.
Claire has a number of complex and life-threatening health conditions, including
pulmonary atresia and pulmonary hypertension and had her lung removed in 2014. If
women with pulmonary hypertension become pregnant, they are at high risk of
becoming even more gravely ill or dying in pregnancy. Claire knows this, which is what
led her to seek a termination, a request that was denied by her doctors because the law
prevented them from doing so.
“My doctors said they couldn’t offer a termination as my life wasn’t at risk right now,
and that was it. I know they are bound by the law. But I felt like if I waited until my
health got so bad that I could die, then it would be too late by then anyway. And why is
a risk to my health, as bad as it already was, not enough? How much do I have to go
through before my doctors are allowed to treat me? ”
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It s not just cisgender women and girls who need abortions
It is not only cisgender women and girls (women and girls who were assigned female at
birth) who may need access to abortion services, but also intersex people, transgender
men and boys, and people with other gender identities who have the reproductive
capacity to become pregnant.
One of the foremost barriers to abortion access for these individuals and groups is lack
of access to healthcare. Additionally, for those who do have access to healthcare, they
may face stigma and biased views in the provision of healthcare, as well as
presumptions that they do not need access to contraception and abortion-related
information and services. In some contexts, 28% transgender and gender non-
conforming individuals report facing harassment in medical settings, and 19% report
being refused medical care altogether due to their transgender status, with even higher
numbers among communities of colour. This is due to many intertwining factors of
poverty and race and related intersectional discrimination.
Sexual and reproductive rights advocates and LGBTI rights activists are campaigning
for raising awareness on this and making abortion services available, accessible and
inclusive for everybody who needs it without discrimination on any grounds.
© E. Romero
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Teodora Vasquez hugs her family and friends shortly after being released from the women s Readaption Centre,
in Illopango, El Salvador on February 15 2018, where she was serving a sentence since 2008, handed down
under draconian anti-abortion laws after suffering a miscarriage.
Criminalising abortion is a form of discrimination, which further fuels
stigma
Firstly, the denial of medical services, including reproductive health services that only
certain individuals need is a form of discrimination.
The committee for the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW, or the Treaty for the Rights of Women), has
consistently stated that restrictive abortion laws constitute discrimination against
women. This applies to all women and people who can become pregnant, as the CEDAW
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Committee has con rmed that CEDAW s protections, and states related obligations,
apply to all women and therefore include discrimination against women who are
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lesbians, bisexual, and/or transgender, particularly given the speci c forms of gendered
discrimination they face.
Secondly, stigma around abortion and gender stereotyping is closely linked to the
criminalisation of abortion and other restrictive abortion laws and policies.
The mere perception that abortion is unlawful or immoral leads to the stigmatization of
women and girls by health care staff, family members, and the judiciary, among others.
Consequently, women and girls seeking abortion risk discrimination and harassment.
Some women have reported being abused and shamed by health care providers when
seeking abortion services or post-abortion care.
Access to safe abortion is a matter of human right
Access to safe abortion services is a human right. Under international human rights law,
everyone has a right to life, a right to health, and a right to be free from violence,
discrimination, and torture or cruel, inhuman and degrading treatment.
Human rights law clearly spells out that decisions about your body are yours alone –
this is what is known as bodily autonomy.
Forcing someone to carry on an unwanted pregnancy, or forcing them to seek out an
unsafe abortion, is a violation of their human rights, including the rights to privacy and
bodily autonomy.
In many circumstances, those who have no choice but to resort to unsafe abortions also
risk prosecution and punishment, including imprisonment, and can face cruel, inhuman
and degrading treatment and discrimination in, and exclusion from, vital post-abortion
health care.
Access to abortion is therefore fundamentally linked to protecting and upholding the
human rights of women, girls and others who can become pregnant, and thus for
achieving social and gender justice.
Amnesty International believes that everyone should be free to exercise their bodily
autonomy and make their own decisions about their reproductive lives including when
and if they have children. It is essential that laws relating to abortion respect, protect
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and ful l the human rights of pregnant persons and not force them to seek out unsafe
abortions.
Further Reading
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Read Amnesty International s Policy on Abortion
Learn more about this issue in our Body Politics: Criminalization of
Sexuality and Reproduction Primer
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