ABSTRACT
In Part I, we looked at the evolution of the law on abortion under English law and considered matters such as the English law dealing with the protection of the fetus as well as the moral, ethical, and political issues surrounding this controversial topic. Some might argue that it can no longer be called ‘controversial’ in the light of its apparently universal acceptance in countries like England and Wales. However, this would be to ignore the continuing debates that rage in the USA, Italy and, on occasion, those that surface in Ireland and other, non-European countries. This chapter commences with a global overview of the laws on abortion, before focusing on the American developments, not least the impact of the leading case of Roe v Wade in 1973 ((1973) 410 US 133), moving on to post-Roe cases, and then examining abortion laws in France and Germany, while noting abortion laws in other jurisdictions at both extremes of the spectrum – those that are very liberal, and laws which are highly restrictive or ban abortion altogether. The list of grounds surveyed on a global basis gives some idea of the range of variations between the various countries, but also highlights the similarities between the various nations. The emerging global trend towards greater recognition of women’s right to reproductive autonomy will be examined, assessed and placed in historical context.
