Since many Canadian pro-choice activists link full access to abortion at any stage of the pregnancy with full and equal human rights for women, I thought that it might be instructive to look at laws regulating abortion in other western liberal democracies with a commitment to full women's rights.
1. United Kingdom - In 1967 the Abortion Act legalized abortion under certain circumstances, and amendments were made in 1990. Currently the Act permits termination of pregnancy if two doctors are of the opinion in good faith:
a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or
c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or
d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
2. United States of America - The 1973 Supreme Court ruling gave American women the right to an abortion in the first trimester of pregnancy, and regulated the procedure during the second trimester "in ways that are reasonably related to maternal health." In the third trimester, a state can choose to prohibit abortion, except when necessary "for the preservation of the life or health of the mother."
This decision arose out of the famous Roe v. Wade case before the U.S. Supreme Court. The Court chose not to deal at length with the related controversy of the personhood of the fetus. Rather it took the following position:
A central issue in the Roe case (and in the wider abortion debate in general) is whether human life begins at conception, birth, or at some point in between. The Court declined to make an attempt at resolving this issue, noting: "We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer." Instead, it chose to point out that historically, under English and American common law and statutes, "the unborn have never been recognized...as persons in the whole sense" and thus the fetal child are not legally entitled to the protection afforded by the right to life specifically enumerated in the Fourteenth Amendment. So rather than asserting that human life begins at any specific point, the court simply declared that the State has a "compelling interest" in protecting "potential life" at the point of viability (source: Wikipedia).
3. France - Abortion is legal on-request in France in the first trimester. Abortion has been decriminalized since the passage of the Veil Law in 1975. After the first trimester, two physicians must certify that the abortion will be done to prevent grave permanent injury to the physical or mental health of the pregnant woman; a risk to the life of the pregnant woman; or that the child will suffer from a particularly severe illness recognized as incurable.
Since 1994, French law has required that multidisciplinary diagnostic centers decide which birth defects are severe enough to make abortion after the 12 week limit permissible.
4. Germany - Abortion in Germany is legal, but only when done before the 3rd month of pregnancy. Abortions are not covered by public health insurance except for women with low income.
5. Sweden - The current legislation is the Abortion Act of 1974. This states that up until the end of the eighteenth week of the pregnancy the choice of an abortion is entirely up to the woman, for any reason whatsoever. After the 18th and until the 22nd week a woman needs a permission from the National Board of Health and Welfare to have an abortion. Permission for these late abortions is usually granted for cases in which the fetus or mother are unhealthy.
6. Switzerland - Abortion in Switzerland is legal during the first trimester, upon condition of counseling, for women who state that they are in distress. It is also legal with medical indications – threat of severe physical or psychological damage to the woman – at any later time.
Persons performing illegal abortions are subject to payment of a monetary penalty or imprisonment of up to five years. A woman who procures an illegal abortion is subject to a payment of a monetary penalty or imprisonment of up until three years.
7. Denmark - Abortion in Denmark was fully legalized on October 1, 1973,[1] allowing the procedure to be done on-demand if a woman's pregnancy has not exceeded its twelfth week. The patient must be over the age of 18 to decide on an abortion alone; parental consent is required if she is a minor.
8. Finland - A 1985 bill allowed abortion up to 20 weeks of pregnancy for underage women and up to the 24th week if an amniocentesis or ultrasound found serious impairment in the fetus.
Abortions are provided free-of-charge in hospitals. It is illegal to perform abortions in clinics, though doctors are empowered to provide abortions outside of hospitals in dire circumstances. Illegal abortions are very rare because in practice a woman can get an abortion on demand.
9. The Netherlands - Under the act, termination of a pregnancy must be given careful consideration: a woman and her physician must agree that her circumstances are compelling. The doctor must inform her of other possible solutions. To give the woman time for reflection, there must be a lapse of at least five days between the woman's first consultation with her doctor and the actual termination of the pregnancy.
In the Netherlands, abortions are performed until approximately 24 weeks into pregnancy; however, as a result of the ongoing debate among physicians about the viability of the fetus, abortions are only rarely performed after 22 weeks of pregnancy. Abortions after the first trimester must be performed in a hospital.
10. Australia - Abortion in Australia remains a subject of state law rather than national law. The grounds on which abortion is permitted in Australia vary from state to state. In every state, abortion is legal to protect the life and health of the woman, though each state has a different definition.
The only state with a law that is similar to Canada's abortion on demand regimen is the Australian Capital Territory. Abortion law in the Australian Capital Territory was for many years governed by case law and the criminal code of New South Wales. However, in 2002, it became the first jurisdiction in Australia to legalize abortion in full, when the Stanhope ALP government, with the assistance of Green and independent members, passed the Crimes (Abolition of Offense of Abortion) Act 2002, removing abortion from the criminal statute books altogether.
By way of contrast, in Queensland abortions are carried out as "therapeutic miscarriages", performed by specialists, upon request of the patient after an appointment with their local GP. An abortion is lawful in Queensland if carried out when there is serious danger to the woman's physical and mental health from the continuation of the pregnancy.
a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or
c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or
d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
This decision arose out of the famous Roe v. Wade case before the U.S. Supreme Court. The Court chose not to deal at length with the related controversy of the personhood of the fetus. Rather it took the following position:
A central issue in the Roe case (and in the wider abortion debate in general) is whether human life begins at conception, birth, or at some point in between. The Court declined to make an attempt at resolving this issue, noting: "We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer." Instead, it chose to point out that historically, under English and American common law and statutes, "the unborn have never been recognized...as persons in the whole sense" and thus the fetal child are not legally entitled to the protection afforded by the right to life specifically enumerated in the Fourteenth Amendment. So rather than asserting that human life begins at any specific point, the court simply declared that the State has a "compelling interest" in protecting "potential life" at the point of viability (source: Wikipedia).
Since 1994, French law has required that multidisciplinary diagnostic centers decide which birth defects are severe enough to make abortion after the 12 week limit permissible.
4. Germany - Abortion in Germany is legal, but only when done before the 3rd month of pregnancy. Abortions are not covered by public health insurance except for women with low income.
6. Switzerland - Abortion in Switzerland is legal during the first trimester, upon condition of counseling, for women who state that they are in distress. It is also legal with medical indications – threat of severe physical or psychological damage to the woman – at any later time.
Persons performing illegal abortions are subject to payment of a monetary penalty or imprisonment of up to five years. A woman who procures an illegal abortion is subject to a payment of a monetary penalty or imprisonment of up until three years.
7. Denmark - Abortion in Denmark was fully legalized on October 1, 1973,[1] allowing the procedure to be done on-demand if a woman's pregnancy has not exceeded its twelfth week. The patient must be over the age of 18 to decide on an abortion alone; parental consent is required if she is a minor.
8. Finland - A 1985 bill allowed abortion up to 20 weeks of pregnancy for underage women and up to the 24th week if an amniocentesis or ultrasound found serious impairment in the fetus.
Abortions are provided free-of-charge in hospitals. It is illegal to perform abortions in clinics, though doctors are empowered to provide abortions outside of hospitals in dire circumstances. Illegal abortions are very rare because in practice a woman can get an abortion on demand.
In the Netherlands, abortions are performed until approximately 24 weeks into pregnancy; however, as a result of the ongoing debate among physicians about the viability of the fetus, abortions are only rarely performed after 22 weeks of pregnancy. Abortions after the first trimester must be performed in a hospital.
The only state with a law that is similar to Canada's abortion on demand regimen is the Australian Capital Territory. Abortion law in the Australian Capital Territory was for many years governed by case law and the criminal code of New South Wales. However, in 2002, it became the first jurisdiction in Australia to legalize abortion in full, when the Stanhope ALP government, with the assistance of Green and independent members, passed the Crimes (Abolition of Offense of Abortion) Act 2002, removing abortion from the criminal statute books altogether.
By way of contrast, in Queensland abortions are carried out as "therapeutic miscarriages", performed by specialists, upon request of the patient after an appointment with their local GP. An abortion is lawful in Queensland if carried out when there is serious danger to the woman's physical and mental health from the continuation of the pregnancy.
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