Abortion Laws in Europe — Analysis

🇪🇺 1. Current Legislation by Country (Overview)

Liberal legislation

Many Northern and Western European countries allow abortion widely, usually within a legal time limit.

Leading countries in rights and accessibility (EU):

• Sweden, France, the Netherlands — considered leaders in access to safe abortion services, broad decriminalisation and integration into national healthcare systems.

Examples:

• Sweden: strong legal protections and wide accessibility.

• France: recently enshrined abortion as a constitutional right with broad protection.

• The Netherlands: deregulation and removal of the mandatory waiting period; among the highest accessibility in Europe.

More restrictive legislation

Some European states still have highly restrictive or almost total abortion bans:

• Malta: the most restrictive laws in Europe; abortion allowed only when the pregnant person’s life is in danger.

• Poland: since 2021, abortion is almost fully banned except for extreme cases (rape, incest, life threats).

• Andorra, Liechtenstein, Monaco: very limited grounds (e.g. serious risk to the pregnant person).

• San Marino: legalized abortion after a 2021 referendum; law entered into force in 2022/2023.
  

Differences in access and services

Even where abortion is legal, access varies widely:

• Mandatory waiting periods (e.g. Belgium: 6 days)

• Compulsory counselling requirements

• Medical authorisations

• Partial or full coverage by national health insurance, which differs between countries
  

2. International Treaties and Human Rights Frameworks

While there is no explicit “international right to abortion”, several treaties indirectly shape national laws:

Relevant treaties and institutions

• European Convention on Human Rights (ECHR): Article 8 (right to private life) is often invoked in abortion cases; the ECtHR has not declared a full right to abortion but requires states to ensure reasonable access.

• EU Charter of Fundamental Rights: includes sexual and reproductive health; the European Parliament has voted to explicitly include abortion rights.

• UN treaties (CEDAW, ICCPR): prohibit discrimination and promote health rights, which indirectly support access to abortion.
  

Case law

• ECtHR cases such as A, B and C v. Ireland emphasise states’ responsibilities to ensure access under certain conditions.

• UN Human Rights Committee (General Comment 36, 2021) encourages states to reform restrictive abortion laws, though this is not legally binding.
  

3. Developments Since 2021

Positive developments

• France: first country in the world to constitutionally protect abortion (2024).

• Denmark: extended abortion-on-request to 18 weeks and lowered age limits for autonomous decisions (2025).

• Finland and others: removed procedural barriers and updated outdated laws.
  

Restrictive or negative developments

• Poland: strengthened restrictions triggered major protests and alternative support networks.

• Hungary and Slovakia: introduced or attempted new barriers to access.
  

Countries moving toward constitutional protection

• Spain: working on embedding abortion rights in the constitution.
  

Social and political movements

• Growth of civil society groups supporting access in countries with restrictions, such as Poland.

• EU-level discussions on making abortion an explicit EU fundamental right.
  

4. Future Expectations and Trends

Trends toward liberalisation

• Expansion of constitutional protections

• Removal of waiting periods and medically unnecessary requirements

• Greater standardisation of access within the EU
  

Countervailing forces

• Conservative/religious movements attempting to limit access

• Ongoing legal debates around national sovereignty versus human rights obligations
  

5. Impact on European Citizens and States

Impact on individuals

Access to healthcare

• In countries with broad legal access and healthcare coverage, people enjoy better health outcomes and autonomy.

• In restrictive states, individuals often travel abroad or seek unsafe alternatives, increasing health risks and inequality.

Criminalisation and stigma

• Some states still prosecute individuals for abortions outside legal frameworks.

• Stigma and barriers negatively affect mental health and socio-economic prospects.
  

Impact on states and compliance

Best-performing states

• Countries like Sweden, the Netherlands, and France show high accessibility and strong legal protections.

States with legal rollbacks

• Restrictive states risk unsafe abortions, increased health inequalities, and legal disputes (e.g. Poland).
  

Summary

• Europe is divided: many countries offer broad access to abortion, while others retain strong restrictions.

• No universal international right to abortion exists, but treaties and courts influence national policies.

• Since 2021, Europe has seen both liberalisation (France, Denmark) and restrictive shifts (Poland).

• Future trends indicate growing constitutional protection, though political pushback is expected.

• Impact: Access to abortion significantly affects equality, health, and human rights across Europe.