Abortion in Europe

Most countries in the European Union allow elective abortions during the first trimester, with Sweden and the Netherlands having more extended time limits.[2] After the first trimester, abortion is generally allowed only under certain circumstances, such as risk to the woman's life or health, fetal defects, or other specific situations that may be related to the circumstances of the conception or the woman's age. For instance, in Austria, second-trimester abortions are allowed only if there is a serious risk to the woman's life, physical health, or mental health (that cannot be averted by other means); serious fetal impairment (physical or mental); or if the woman is under 14 years of age. Some countries, such as Denmark, allow abortion after the first trimester for a variety of reasons, including socioeconomic ones, but the woman needs an authorization to have such an abortion.[7] Similarly, in Finland, technically abortions even just up to 12 weeks require authorization from two doctors (unless special circumstances), but in practice, the authorization is only a rubber stamp and it is granted if the mother simply does not wish to have a baby.[8]

Access to abortion in much of Europe depends not as much on the letter of the law, but on the prevailing social views which lead to the interpretation of the laws. In much of Europe, laws which allow a second-trimester abortion due to mental health concerns (when it is deemed that the woman's psychological health would suffer from the continuation of the pregnancy) have come to be interpreted very liberally, while in some areas it is difficult to have a legal abortion even in the early stages of pregnancy due to conscientious objection by doctors refusing to perform abortions against their personal moral or religious convictions.[9]

Malta is the only EU country that bans abortion in all cases and does not have an exception for situations where the woman's life is in danger. The law, however, is not strictly enforced in relation to instances where a pregnancy endangers the woman's life.[3]

Abortion in Italy was legalized in 1978.[10] However, the law allows health professionals to refuse to perform an abortion. This conscientious objection has the practical effect of restricting access to abortion.[11]

In Ireland, before December 2018, abortion was illegal except in cases where a woman's life was endangered by the continuation of her pregnancy. However, in a 2018 referendum a large majority of Irish citizens voted to repeal the constitutional amendment prohibiting legislation relating to the termination of non-life-threatening pregnancies; and the new law enacted (the Health (Regulation of Termination of Pregnancy) Act 2018) allows abortion on request up to 12 weeks of pregnancy, and in certain circumstances at later stages. Abortion in Northern Ireland was decriminalized on 22 October 2019.[12]

Europe's formerly Communist countries have liberal abortion laws. The only exception is Poland, where abortion is allowed only in cases of risk to the life or health of the woman or when the pregnancy is a result of rape or incest. Abortion in case of fetal defects, which was previously legal, was ruled unconstitutional by the country's Constitutional Tribunal on 22 October 2020.[13] United Nations independent human rights experts criticized the ruling, and called for the Polish authorities to respect the rights of people who were protesting against it.[14] The ruling took effect on 27 January 2021.[15]

Most European countries have laws that stipulate that minor girls need their parents' consent or that the parents must be informed of the abortion. In most of these countries, however, this rule can be circumvented if a committee agrees that the girl may be placed at risk if her parents find out about the pregnancy, or that otherwise, it is in her best interests to not notify her parents. The interpretation in practice of these laws depends from region to region, as with the other abortion laws.[9] Some countries differentiate between younger pregnant minors and older ones, with the latter not subjected to parental restrictions (for example under or above 16).[16]

In countries where abortion is illegal or restricted, it is common for women to travel to neighboring countries with more liberal laws. It was estimated in 2007 that over 6,000 Irish women traveled to Great Britain to have abortions every year.[9]