Talk:Abortion law

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Canada[edit]

In the table, the Canadian subdivisions are shown with gestational limits, with a note saying that they are set by professional regulations. The note cites two sources that mention the limits, but they don't clarify whether these limits are simply due to availability or actually mandatory regulations. Previously when Canada was discussed here, I provided sources about the professional guidelines in Quebec and Alberta, which did say that they were mandatory. However, in 2022 the College of Physicians of Quebec removed the gestational limit for abortion pills and removed the abortion guidelines from its website altogether;[1] the abortion guidelines from the College of Physicians and Surgeons of Alberta are no longer in its website either; and one of the sources cited in the table has a note from 2022 suggesting that the information there may be outdated due to the increased use of medical abortion (pills).[2] Therefore, there is no longer any source citing a provincial regulation that imposes gestational limits. There are also conflicting sources regarding the limits in some provinces, which suggests that they may vary simply due to availability.

Based on these developments, I suggest removing all subdivisions of Canada from the table, then either change all of Canada on the map to purple, which indicates an unclear limit, or set all columns of Canada in the table to "no limit" and accordingly change all of Canada on the map to light blue. Any comments? Heitordp (talk) 06:46, 5 February 2024 (UTC)[reply]

https://nafcanada.org/abortion-coverage-region/ Moxy- 12:57, 5 February 2024 (UTC)[reply]
@Moxy: This source is already cited in the table, but it doesn't clarify whether these limits are from mandatory regulations, which medical providers are supposed to follow at the risk of losing their licence, or simply reflect the limits that providers individually decide to establish for their own services. If it's the latter, I don't think that these limits should be in the table. Heitordp (talk) 05:04, 6 February 2024 (UTC)[reply]
I think that Vietnam is actually another country with no legal limit. People keep repeating that 22-week limit, but I can’t find the source of that claim. There seem to only be two Vietnamese laws on abortion, both of which are just about prohibiting unqualified people from performing abortions on others while ensuring that women have the right and access to abortion, with no limits mentioned.
I noticed that someone recently edited the article on “Abortion in Vietnam” to state that abortion is “legal at all stages of pregnancy” there, but someone else changed it back to saying there’s a 22-week limit, even though I don’t see any source for that, only this source with the laws I mentioned: https://reproductiverights.org/maps/provision/vietnams-abortion-provisions/
Also, I have to say that I don’t think the “unclear limit” category is a good option to use at all. Not only because it’s really failing to provide any useful information, and could make it seem like abortion isn’t accessible at all since bans could restrict abortion even before actual pregnancy begins and “unclear limit” leaves that as a possibility despite us knowing that abortion is widely available on-request in Canada, but also because “unclear limit” is stating that there is a limit when there doesn’t seem to be. 2600:100A:B1C6:8A24:38C9:23EC:678:CFB4 (talk) 02:41, 13 February 2024 (UTC)[reply]
Also, I found this source on the Abortion in Canada article a while back, which says that abortions “beyond 30 weeks” used to have to “be performed in the US with all expenses paid by the Quebec government” but apparently have been available in Quebec since 2020. It’s in French, and I don’t know French, but I plugged it into Google Translate, and that statement seemed to be accurately translating what was said: https://www.journaldemontreal.com/2021/08/03/des-avortements-tardifs-faits-au-quebec-a-cause-de-la-covid 2600:100A:B1C6:8A24:38C9:23EC:678:CFB4 (talk) 02:50, 13 February 2024 (UTC)[reply]
The sources for all countries are cited in the table in the article. For Vietnam, the table cites the health law made by the parliament[3] and the guidelines made by the Ministry of Health.[4] Article 44 of the health law, which is also shown in the link that you cited, says that abortion is allowed on the woman's request, but that medical providers are prohibited from performing abortions unless permitted to do so by the Ministry of Health. Therefore, the law allows the Ministry of Health to impose some restrictions. Indeed, page 401 (407 in PDF) of the guidelines from the Ministry of Health defines abortion as the termination of pregnancy up to 22 weeks, and page 49 (55 in PDF) says that after 22 weeks the pregnancy may be terminated if there is an indication such as fetal abnormality. The latter case may be broad, but it's not merely by the woman's request. Accordingly, the table shows "permitted" in all columns except the last one (on request), for which it shows "22 weeks".
The "unclear limit" category is only for abortion on request, so it does provide useful information, namely that the jurisdiction allows abortion on request at least for some portion of the pregnancy. This portion cannot be zero. No jurisdiction sets a gestational limit before pregnancy begins, this doesn't make any sense. Jurisdictions that ban abortion on request do so by restricting it to certain circumstances, such as risk to life or fetal abnormality, or by prohibiting it completely.
It seems that in Canada there is really no law or regulation imposing any limit, so it can be shown with "no limit", but the "unclear limit" is still useful for some jurisdictions where the sources are conflicting or not clear. For example, there are sources saying that mainland China allows abortion on request, but also that it restricts it to certain cases, without explaining what they are. Other examples are South Korea and the Mexican state of Coahuila, whose courts ordered the legislature to allow abortion on request with some gestational limit, but the legislature hasn't defined the limit yet. Heitordp (talk) 07:04, 13 February 2024 (UTC)[reply]
Abortions made in the third trimester are very rare procedures but in any case, there isn't a legal limit on abortions in Québec. If a doctor refuses to give an abortion, he must redirect you to one who will. see for instance https://educaloi.qc.ca/en/capsules/abortion/
As noted elsewhere, the Collège des médecins abolished any guidance that could have restricted abortions.
Reading the table, I'm coming to the conclusion that Québec has forbidden abortions for its residents after 24 weeks. However, recent policy has been to allow those abortions to take place, although in US hospitals with public funding by the Québec government. This table therefore seems erroneous and for Québec, it should simply be noted that it is permitted. Whatever restriction exists is regarding services offered and not legal constraints.
I'm not aware of legal restrictions in other provinces . so I won't comment on them. Lpsavoie (talk) 03:06, 10 April 2024 (UTC)[reply]
That source is about services offered and not about legal limits though. The article doesn’t have any source that would back legal limits because I don’t think they exist: barriers to access come in the form of services that are offered and not from regulations AFAIK. Lpsavoie (talk) 02:37, 11 April 2024 (UTC)[reply]

Colors and WP:npov[edit]

@Heitordp Colors have varying symbolism. It isn't a policy that certain colors give unbalanced views on wikipedia. I find Neutral increase being used from Talk:List_of_states_and_union_territories_of_India_by_fertility_rate#RFC_style in many articles. Should the map's colors and keys be changed to have a more "neutral" perception? Maybe more grayscale. 207.96.32.81 (talk) 16:14, 10 April 2024 (UTC)[reply]

I don't think that the current colors are really unbalanced, as abortion on request is shown in blue rather than green. Maybe a different set of colors could be used, but not grayscale, because the map needs to contrast 12 categories. Also note that the map is used in hundreds of articles so it would require a lot of work to change all the legends. Heitordp (talk) 16:38, 10 April 2024 (UTC)[reply]

Request for correction: France was not the first to constitutionally protect abortion rights[edit]

Yugoslavia was.

One could instead say that France is the first country that currently exists today to constitutionally protect abortion rights. Strawberrymilc (talk) 22:28, 23 April 2024 (UTC)[reply]

I suggest moving this sentence to the history section, or just removing it altogether. The introduction of the article is not the appropriate place to mention trivia, especially if it's not easily determined. Heitordp (talk) 05:54, 25 April 2024 (UTC)[reply]
That’s not correct. The sentence in the introduction of this article says “In 2024, France became the first country to *explicitly* protect abortion rights in its constitution.” And Yugoslavia did not *explicitly* protect abortion rights in its constitution: It didn’t use the word “abortion” at all.
The article you linked itself says “Stating that “it is the right of a human being to freely decide on the birth of children,” Yugoslavia’s constitution did not explicitly guarantee abortion, as France’s does.” 2600:100A:B1C7:AB43:282A:B2DD:4B4C:332E (talk) 06:10, 27 April 2024 (UTC)[reply]

Denmark liberalizing its law[edit]

It appears that Denmark is liberalizing its abortion law in multiple ways, including one which would require this article to be edited: It seems that the limit for on-request abortions is about to or has already been moved from 12 weeks to 18 weeks, which would require both the table and the map to be edited to reflect this change. 2600:100A:B1C9:E654:51F0:B875:EFAC:CE3B (talk) 10:24, 3 May 2024 (UTC)[reply]

Thanks for the news. The government only announced an agreement with the political parties, but the parliament will still have to pass a law, and it is expected to enter into force on June 1, 2025.[5] The article and map should be changed only at that time. Heitordp (talk) 16:13, 3 May 2024 (UTC)[reply]

Australia[edit]

Australia should not be excluded for having not legalised abortion nationwide. This map claims that abortion is not legal in Northern Territory, which is also stated in the chart. However, this source, this source, this source, and this source all claim that it has been fully decriminalised in the territory, although they disagree on the date and which act fully decriminalised it. The article for Abortion in Australia also states that it has been fully decriminalised in all jurisdictions (although it erroneously said so before the 2023 law that made Western Australia the final state to do so), and this view is reinforced in this article which lists Canada and a few jurisdictions in Australia as the only places where abortion is not subject to criminal law. Although since then it has also become true in all of Australia, as well as New Zealand and Korea, and it left out the US states of Washington, Oregon, Alaska, Colorado, New Mexico, Minnesota, Michigan, New York, California, New Jersey, Massachusetts, Vermont, New Hampshire, Maine, Maryland, and Washington DC. Although Australia can't appear on the timeline, since abortion was never legalised nationally at a single time, but rather on a state by state basis over the course of years, it is still incorrect to state that abortion is not legal nationwide. 192.34.130.239 (talk) 20:48, 5 May 2024 (UTC)[reply]

This issue has been discussed before here, here, here and here. The table in this article follows the UN classification, which makes a distinction between abortion allowed for social reasons and abortion allowed merely on request from the pregnant woman. The table and map in this article don't say that "abortion" is not legal in the Northern Territory, they say that abortion on request is not legal there, but that it's legal for social reasons. This assertion is based on the multiple sources cited in the table in the article, including one from an Australian state government, which explicitly say that the law of the Northern Territory does not allow abortion on request or on demand. Even after the changes in 2021, the law of the Northern Territory still requires that the medical professional agree that the abortion is appropriate considering "the woman's current and future physical, psychological and social circumstances". This is different from the law in other Australian subdivisions, which simply say that a doctor "may perform" an abortion up to a certain gestational limit, without listing any condition other than the woman's consent.
None of the sources that you cited say that the Northern Territory allows abortion on request or that it has been "fully decriminalised". On the contrary, the third and fourth sources that you cited clearly say that it's allowed if the medical professional agrees that it's appropriate in the circumstances listed.
The lead in the article Abortion in Australia is not entirely correct either. "Full decriminalisation" has not been enacted in all subdivisions of Australia, as some of them, including those that allow abortion on request, still have penalties in their criminal codes specifically for abortion not done by a medical professional. And decriminalisation doesn't necessarily mean allowing abortion on request; for example, Bahrain and Laos also don't have criminal penalties for abortion done by medical professionals, but their health regulations still impose professional sanctions, such as suspension or revocation of medical license, for abortion done other than in certain circumstances. Heitordp (talk) 02:59, 6 May 2024 (UTC)[reply]