Concern over persistent obstacles to abortion access around the world

Despite the great progress made over the past decade in reproductive health and rights, abortion remains contested. The advance of regressive “anti-gender” policies has Europe on edge.

Despite cultural and social progress on gender equality, access to new rights and public health policies, the legality of abortion remains a matter of controversy in many parts of the world. International changes regarding so-called reproductive rights continue to give rise to observations and warnings from various organizations about how each region approaches this practice. Europe has recently come under scrutiny for restrictive trends on this issue.

This was shown by a recent report released by Amnesty International (AI), which expressed concern about “barriers” to existing abortion rights on the European continent. The imposition of bureaucratic medical requirements, conscientious objection by professionals and a lack of qualified staff, among other points, appear in Amnesty’s report on the state of abortion rights in Europe. Among the statistics cited, the report mentions 20 countries on that continent where abortion performed clandestinely is still penalized, criminalizing pregnant people in vulnerable situations. 

The latest report released by the international organization reopens the debate on how, despite the legal gains achieved for women and pregnant people, elements that obstruct and ultimately violate those rights remain in place.

At this point, the analysis of gender, law and public health intertwines with politics. According to statements by Mónica Costa Riba, AI’s specialist on women’s rights, restrictions on abortion have gone hand in hand with “regressive” policies, encouraged by the rise of populist movements that foster anti-gender positions. 

In 12 European countries, legislation imposes arbitrary waiting periods, and in 13 countries mandatory “counseling” is required in order to access an abortion. Such requirements amount to direct or indirect barriers for women through bureaucratic measures. 

These situations are repeated around the world. From Nicaragua and El Salvador to Andorra and Poland, there are many cases in which abortion is still penalized or subject to various limitations. According to Amnesty’s figures, approximately 700 million women of childbearing age do not have guaranteed access to legal and safe abortion. In addition, 41% of women of reproductive age live in countries with laws that strictly restrict access to termination of pregnancy.

 Obstacles to abortion: the Latin American situation

The picture in Latin America is varied. Haiti, Honduras, Nicaragua, El Salvador and the Dominican Republic are the countries where abortion remains completely prohibited. Meanwhile, levels of access and restriction vary according to different criteria. According to a report by the civil association Mundo Sur, Colombia stands out, for example, as the country with the longest legal gestational period for abortion. There, abortion can be performed up to the 24th week of pregnancy, while in other countries that limit is the 12th week. 

In countries such as Paraguay, Venezuela, Costa Rica, Peru and Guatemala, abortion is only permitted in order to “avoid danger to the life” of the pregnant person; otherwise it is penalized. Whether through prohibition or various forms of restriction, the effects of these complexities translate into efforts to obtain an abortion within or outside the law. According to information from the statistics platform Statista, 3 out of 4 abortions in Latin America are performed in unsuitable or unsafe conditions, linked to clandestinity.

According to the Mundo Sur report, Uruguay managed to bring deaths from clandestine abortions down to 0 following the approval of its own Voluntary Interruption of Pregnancy law.    

Abortion in Argentina: a regional reference

Both the great wave of mobilizations and campaigns in favor of the Legal Interruption of Pregnancy (ILE) law, which reached its most intense moment in 2018, and its enactment in 2021 made Argentina a beacon for the Latin American region. The struggle of feminist activism and its breakthrough onto the political agenda made abortion not only a matter of the right to health but also a symbol of struggle. 

According to data from the Ministry of Health, since the enactment of the ILE law in the country, more than 245,000 voluntary terminations of pregnancy were recorded through 2024. On the other hand, during that same period more than 30 lawsuits against the law were also filed, according to data from the National Directorate of Sexual and Reproductive Health. 

Guillermo Whpei

President of Fundación para la Democracia