What Shapes Abortion Law? – A Global Perspective

Abstract

This article analyses a correlate of abortion law that has not been addressed in previous research: the effects of past or present communist rule. As communists reject any moral standards that were based on religious beliefs, they liberalized abortion law after they gained power. A quantitative analysis of 170 nations shows that countries with a communist past or present have more liberal abortion laws. Moreover, abortion law tends to be more liberal, the more modern and globalized a country is and the more women are represented in the workforce and in parliament. A larger percentage of Catholics in the population, in contrast, correlates with more restrictive legislation. Some countries do not fit this general pattern and the article discusses the reasons. Based on the empirical results it goes on to present the implications of the findings for public policy: in many countries strong and persistent socioeconomic and cultural forces stand in the way of further abortion law liberalization. Under these conditions, proponents of liberalization have greater chances of success if they take a moderate stance and focus on women's health instead of women's rights.

Reproductive health policy‐makers: Comparing the influences of international and domestic institutions on abortion policy

“…While similar indexes have been used (Ramirez and McEneaney 1997;Pillai and Wang 1999;Hildebrandt 2015), our data set is unique in its breadth and in its inclusion of numerous considerations. The indexing of numerous years allows us to track change over time.…”

“…In USbased literature, more female politicians lead to more permissive abortion policies, which holds true across party lines (Berkman and O'Connor 1993;Norrander and Wilcox 1999). Hildebrandt (2015) also included this variable in his comparative study of regime type and abortion and found this to hold true in comparative cross-sectional analysis.…”

“…Some of these studies use abortion policy as a trend indicator within women's rights, as a sub‐discussion within women's rights, or they test abortion policy's relationship with other women's rights issues (Ramirez and McEneaney ; Pillai and Wang ). Other studies attempt a large‐N exploration, but address only a limited range of institutional and cultural actors (Asal et al ; Hildebrandt ). Boyle et al () indirectly address international institutional players, looking at how actors and institutions frame debates on abortion policy.…”

The Politicization of Women’s Health and Wellbeing

“…Government officials can accept medical justifications for policy, while appearing rational and apolitical and avoiding controversy [22]. Nongovernmental organizations (NGOs) are more likely to get support from international organizations such as the UN or the European Union (EU) to increase pressure on reluctant governments to change policy when they come from a public health perspective [23].…”

“…In all cases, women should have access to quality services for the management of complications arising from abortion. Post-abortion counselling, education and family-planning services should be offered promptly, which will also help to avoid repeat abortions" [23].…”