ABORTION
IN CONSTITUTION - INTERNATIONAL
News: France becomes the only country to explicitly guarantee abortion as a constitutional right
What's
in the news?
●
French lawmakers overwhelmingly approved a
bill to enshrine abortion rights in France's
constitution, making it the only
country to explicitly guarantee a woman’s right to voluntarily terminate a
pregnancy.
Amendment
of the French Abortion Law:
Decriminalization
in 1975:
●
France decriminalized abortion in 1975,
aligning with its commitment to reproductive rights.
Constitutional
Right in 2024:
●
By amending the Article 34 of the French
Constitution.
●
It specifies the law determining the
conditions by which the freedom of women to have recourse to an abortion is
guaranteed.
Global
Abortion Laws:
Countries
Banned Abortions:
Abortions are illegal in 24 countries, where about 90 million or
5% of women of reproductive age reside.
●
Africa:
Senegal, Mauritania, and Egypt
●
Asia:
Laos and the Philippines
●
Central
America: El Salvador and Honduras
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Europe:
Poland and Malta
Countries
with Significant Restrictions:
●
Around
50 Countries, including Libya,
Indonesia, Nigeria, Iran, Venezuela - permit abortions if a woman’s health
is at risk. Several others allow it in cases of rape, incest or foetal
abnormality.
Countries
with Accessible Abortion Laws:
●
In Canada,
Australia and much of Europe there are few restrictions other than
gestational limits. New Zealand decriminalised abortions in 2020, extending the
legal period to 20 weeks of pregnancy.
Countries
with Stringent Laws:
●
Some countries with hardline laws imprison
women for getting an abortion, such as El Salvador where several women
undergoing abortions have been found guilty of “aggravated homicide”, including
in cases of miscarriage.
Abortion
Policy in India
Gestation
Period Limit:
●
India’s
Medical Termination of Pregnancy (MTP) Act, 1971
allows abortion until 20 weeks of pregnancy.
●
An amendment in 2021 raised the ceiling
for abortions to 24 weeks for special categories of pregnant women such as rape
with the approval of two registered doctors.
2021
Amendment to Extend Abortion Limit:
Extension
of 4 Weeks:
●
The MTP Act was amended in 2021 and
extended the abortion limit from 20 to 24 weeks.
Change
in Provision of Doctors Opinion:
●
Up
to 20 Weeks - The opinion of one doctor is required.
●
Between
20 and 24 Weeks - The opinion of two doctors is required.
Eligibility
Criteria:
The MTP Act (amendment)
specified seven categories of women eligible for termination between 20 and 24
weeks of pregnancy such as
●
Survivors of sexual assault or rape or
incest
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Minors
●
Change of marital status during the
ongoing pregnancy (widowhood and divorce)
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Women with physical disabilities
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Mentally ill women including mental
retardation
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The foetal malformation
●
Women with pregnancy in humanitarian
settings or disaster or emergency situations.