Abortion right in Europe: should European women be afraid after the US Supreme Court decision?
The RoeVsWade overturn of the US Supreme Court came as a shock for women of the word. In Europe, the situation is more favorable despite strong bans from Malta and Poland. Should women be afraid?
Last week’s decision by the US Supreme Court to cancel a nationwide right to abortion might lead to half the States prohibiting on-demand abortion. This move motivated reactions on both sides of the Atlantic and in the world.
While the new world seems to sink into religious bigotry and sexist policies, some are afraid that Europe follow this path. In recent years, women’s situations in some European countries worsened, especially concerning abortion laws.
What is the current status of abortion in Europe? Is abortion a definitive right in Europe, are we experiencing the same situation as in the United States, only delayed?
Almost all European countries ensure legal abortion on request
Out of the 27 EU Member states, only Poland and Malta have restrictive abortion laws.
The abortion period range from 10 to 24 weeks of pregnancy, but all allow for later access to abortion care, as strict time limits can cause distress and complications for women’s health.1
Furthermore, in the situation where the health or life of a woman is at risk, the abortion is freely given, outside of these limits.
Only Finland allows abortion under social grounds, such as after a sexual assault. Nonetheless, the victim does not have to justify or report the aggression, making abortion as accessible for any woman who demands it.
For other EU nations (except for Malta and Poland), abortions can be requested freely, and doctors and care professionals are not required to justify the need for abortion.
Prohibition in Malta and Poland
Although Polands allow abortion only when a woman’s life or health is at risk, the pregnancy is the result of sexual assault or involves a severe fetal anomaly, Malta forbids it in all cases.
In 2010 about 10 to 15% of abortions on Polish pregnant women were carried out outside Poland, according to Wyborcza.pl2, cited on Wikipedia. Between 300 and 400 Maltese women travel abroad to do so3.
Furthermore, it is a criminal offense to persuade a woman to carry out an illegal termination of her pregnancy in Poland.
Remaining barriers and risks of rollback
Although the situation in Europe is without common measures with the United States, the old world experiences some of the trends that led to the Supreme Court decision.
First of all, some barriers remain: procedural and regulatory barriers that impede access to abortion care, fifteen countries require a period between the date on
which abortion is requested and the date on which it takes place, and twelve require women to undergo mandatory counseling before an abortion.
“In a number of these countries, such as Germany and Hungary, laws require biased and directive counselling deliberately intended to influence women’s decision-making and dissuade them from having an abortion” - European Abortion Laws, A Comparative Overview. Center for Reproductive Rights, 2022.
In addition, doctors and care professionals can refuse to perform an abortion on conscious and religious grounds, while some countries require permission from parents, guardians, doctors, or committees before authorizing the abortion, effectively undermining women’s right to dispose of themselves.
The Center for Reproductive Rights highlights that although the general trend in Europe has been one of progress, some countries in recent years have “witnessed attempts to roll back existing legal protections for women’s access to abortion”, and that “court challenges contest[ed] the constitutionality of access to abortion.”
Conclusion
While Europe remains a relatively safe haven for women, compared to other places in the world (and now the US), the risk of rolling back is real, and both women and men should not remain passive in front of blatant violations of the non-retrogression under
international human rights law.
Finally, it is to be noted that there is no legislation at the European level safeguarding the right to abortion. If Europe is serious in its progressive stance, that would be an important decision to carry out.
European Abortion Laws, A Comparative Overview. Center for Reproductive Rights, 2022.
https://wyborcza.pl/7,75398,8298681,polki-wykonuja-do-200-tys-aborcji-rocznie-15-proc-za-granica.html
https://www.independent.com.mt/articles/2018-02-04/local-news/300-to-400-Maltese-women-go-abroad-for-an-abortion-each-year-AD-chairperson-6736184440