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A global, descriptive analysis of the sources used to regulate abortion care
Sanhita Ambast1, Hazal Atay2, Antonella Lavelanet3
1Consultant, UNDP-UNFPA-UNICEF-WHO-World Bank Special Programme of Research, Development and Research Training in Human Reproduction (HRP), Department of Sexual, Maternal, Child, Adolescent Health and Ageing, World Health Organization, London, UK. Sanhitaa@gmail.com.
None:
An enabling environment is essential for delivering quality, comprehensive abortion care. According to the WHO, abortion should be treated like other healthcare services, regulated by healthcare law, and evidence-based standards and guidelines. This paper examines abortion regulations across 183 countries drawing on data from the Global Abortion Policies Database, up to May 2025. It divides sources relevant to the regulation of abortion care, into seven categories: Criminal/Penal Code, Abortion-specific Law, Health Regulation/Clinical Guidelines, Constitution, Case Law, Essential Medicines List /Registered List, and other sources. The findings of this paper indicate that abortion is regulated through an often complex and fragmented framework, characterised by over-reliance on the general criminal law, the use of multiple and sometimes contradictory sources, and information gaps in certain key areas. 169 countries regulate abortion through their Criminal or Penal Code, with general criminal law the only source regulating abortion in 27 countries. Information about grounds and gestational limits for abortion can be found in the general criminal law in 123 countries. 46 countries have abortion-specific laws; 16 countries include relevant provisions in their Constitution; in 90 countries, abortion-related information is spread across five or more source documents; and the status of conscientious objection is not regulated by any document in 109 countries. This landscape risks exacerbating existing barriers to abortion care, including stigma and inadequate access to information, and reinforces abortion exceptionalism. These findings raise questions about how reforming the regulation of abortion, including the nature and number of source documents involved, can shape an enabling environment for abortion care. They also highlight the need to identify effective strategies for safeguarding the health and rights of people seeking abortions.
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