Abortion: legal and ethical challenges

Abortion is a rather controversial topic that has been continuously discussed over the passing of time, from different perspectives including law, medicine, and society. According to the World Health Organisation (WHO) abortion is defined as a pregnancy termination prior to 20 weeks’ gestation. It’s a simple healthcare procedure when performed safely, using the methods recommended by WHO. Each year, almost half of all pregnancies are unintended; and 3 out of 10 of all pregnancies end in induced abortion1. However, when women with unwanted pregnancies encounter difficulties acceding to secure abortion, they often resort to illegal and risky methods to abort. Both a person’s individual bioethical decision about whether or not to have an abortion and a nation’s legal framework for abortion have often been heavily influenced by religious beliefs and practices. The issue of abortion has always been at the centre of a heated social, cultural and political debate. In particular, the right to abortion is a complex and controversial issue, involving ethical, moral, scientific and legal aspects. This issue is at the heart of the debate on women’s rights and their decision-making autonomy with regard to their own lives and sexual and reproductive health. In the United States, the Roe v. Wade case of 1973 marked a milestone in the history of the right to abortion, enshrining the principle of women’s freedom of reproductive choice and establishing a series of limits to state restrictions on access to the practice. However, the subject still remains the object of animated controversy and debates. In Italy, however, the law on abortion was only approved in 1978, after a long and difficult process of mobilization of women and feminist movements. Law 194/78 recognised the right of women to abortion within certain limits and conditions, but even today its application is subject to criticism and conflict. Throughout history, the debate on the right to abortion has been influenced by multiple factors, including religious conceptions, moral norms, socio-economic conditions, and scientific advances. In ancient Greece and ancient Rome, abortion was not considered a crime, but its practice was subject to restrictions and prohibitions based on the age of the pregnant woman, the period of pregnancy and the type of abortion treatment used. In the Middle Ages, abortion was considered a serious sin and a crime against life, although the sanctions applied varied according to the severity of the gesture and the social conditions of the woman. With the birth of modern medicine and the advent of the Enlightenment, the debate on the right to abortion became more open and rational, with some philosophers and thinkers who argued the need to recognize women’s freedom of choice and control of their bodies. However, it was only during the 20th century that the right to abortion began to be recognized legally in many countries, following long political and social battles.