Comprehensive decriminalisation of abortion

Subtitle:an analysis of concept, arguments and regulatory frameworks

In 2018-2019, the Belgian Parliament launched two legal initiatives that fundamentally challenge the role of criminal law in relation to the regulation of abortion. Similarly, some Australian jurisdictions and New Zealand have recently decriminalised abortion in all stages of pregnancy and instead approach it as a form of health care. In light of these developments, this article conceptualises "comprehensive decriminalisation" of abortion as the withdrawal of the regulation of abortion from criminal codes and statutes and the removal of specific criminal sanctions. Next, it examines the strengths and limits of the arguments for and against comprehensive decriminalisation and considers the potential impact of decriminalisation on abortion access and stigma. Finally, it illustrates the distinction between decriminalisation and deregulation by addressing the regulatory approaches of Australian jurisdictions, Belgium, Canada and New Zealand to late-term abortion in particular.

Publication year:2021

Keywords:A1 Journal article

BOF-keylabel:yes

Accessibility:Closed