From Wikipedia, the free encyclopedia
The practice of abortion dates back to ancient times. Pregnancies were terminated
through a number of methods, including the administration of abortifacient
herbs, the use of sharpened implements, the application of
abdominal pressure, and other techniques.
Abortion laws
and their enforcement have fluctuated through various eras. Many
early laws and church doctrine focused on "quickening," when the initial motion of the
fetus can be felt by the
pregnant woman, as a way to differentiate when an abortion became
impermissible. In the 19th century various doctors, clerics, and
social reformers pushed for an all-out ban on abortion in the UK
and USA. In the 20th century various women's rights groups, doctors and
social reformers successfully repealed abortion bans. While
abortion remains legal in many Western countries, it is regularly
subjected to legal challenges by pro-life groups.[2]
Medical: Practice
& methods of abortion
Prehistory to 5th
century
The first recorded evidence of induced abortion, is from the
Egyptian Ebers Papyrus in 1550 BC.[3] A
Chinese record documents the number of royal concubines who had
abortions in China between the years 500 and 515 BC.[4]
According to Chinese folklore, the legendary
Emperor Shennong
prescribed the use of mercury to induce abortions nearly
5000 years ago.[5]
Many of the methods employed in early and primitive
cultures were non-surgical. Physical activities like strenuous
labor, climbing, paddling,
weightlifting, or diving were a common technique. Others included
the use of irritant leaves, fasting, bloodletting, pouring hot water onto the
abdomen, and lying on a heated coconut shell.[6]
In primitive cultures, techniques developed through observation,
adaptation of obstetrical methods, and transculturation.[7] Archaeological
discoveries indicate early surgical attempts at the extraction of a fetus; however, such methods are
not believed to have been common, given the infrequency with which
they are mentioned in ancient medical texts.[8]
References in classical
literature
Much of what is known about the methods and practice of abortion
in Greek and Roman history comes from early classical texts.
Abortion, as a gynecological procedure, was primarily the province
of women who were either midwives or well-informed laypeople. In
his Theaetetus, Plato mentions a midwife's ability to
induce abortion in the early stages of pregnancy.[9][10]
Hippocratic
Oath
The Oath is part of the Hippocratic Corpus. Often ascribed to Hippocrates, the Greek physician, the Corpus is believed to
be the collective work of Hippocratic practitioners. While the Oath
forbids the use of pessaries
(vaginal suppositories) to induce abortion, it did not prohibit
abortion. Modern scholarship suggests that pessaries were banned
because they were reported to cause vaginal ulcers.[11]
This specific prohibition has been interpreted by some medical
scholars as prohibiting abortion in a broader sense than by
pessary.[12]
One such interpretation is by Scribonius Largus, a Roman medical writer:
"Hippocrates, who founded our profession, laid the foundation for
our discipline by an oath in which it was proscribed not to give a
pregnant woman a kind of medicine that expels the
embryo/fetus."[13]
Regardless of the Oath's interpretaion, Hippocrates writes of
advising a prostitute who became pregnant to jump up and down,
touching her buttocks with her heels at each leap, so as to induce
miscarriage.[14]
Other writings attributed to him describe instruments fashioned to
dilate the cervix and curette inside of the uterus.[15]
Soranus'
Gynecology
Soranus,
a 2nd century Greek physician, recommended abortion in cases
involving health complications as well as emotional immaturity, and
provided detailed suggestions in his work Gynecology. Diuretics, emmenagogues, enemas,
fasting, and bloodletting were prescribed as safe abortion methods,
although Soranus advised against the use of sharp instruments to
induce miscarriage, due to the risk of organ perforation. He also advised women wishing
to abort their pregnancies to engage in energetic walking, carrying
heavy objects, riding animals, and jumping so that the woman's
heels were to touch her buttocks with each jump, which he described
as the "Lacedaemonian Leap".[14][16]
Natural
abortifacients
Soranus offered a number of recipes for herbal bathes, rubs, and
pessaries.[14]
In De Materia Medica Libri Quinque, the
Greek pharmacologist Dioscorides listed the ingredients
of a draught called "abortion wine"– hellebore, squirting cucumber, and scammony– but failed to
provide the precise manner in which it was to be prepared.[12]
Hellebore, in particular, is known to be abortifacient.[17]
Pliny the
Elder cited the refined oil of common rue as a potent abortifacient. Serenus
Sammonicus wrote of a concoction which consisted of rue, egg, and dill. Soranus, Dioscorides, Oribasius also detailed this application of
the plant. Modern scientific studies have confirmed that rue indeed
contains three abortive compounds.[18]
Birthwort, an
herb used to ease childbirth, was also used to induce
abortion. Galen included it in a
potion formula in de Antidotis, while Dioscorides said it
could be administered by mouth, or in the form of a vaginal pessary also containing
pepper and myrrh.[19]
Christian
texts
Tertullian, a 2nd
and 3rd century Christian theologian, also described surgical implements
which were used in a procedure similar to the modern dilation and evacuation. One
tool had a "nicely-adjusted flexible frame" used for dilation, an
"annular blade" used to curette, and a "blunted or covered hook"
used for extraction. The other was a "copper needle or spike". He
attributed ownership of such items to Hippocrates, Asclepiades, Erasistratus, Herophilus, and Soranus.[20]
Tertullian's description is prefaced as being used in cases in
which abnormal positioning of the fetus in the womb would
endanger the life of the pregnant women. Saint Augustine, in
Enchiridion, makes
passing mention of surgical procedures being performed to remove
fetuses which have expired in utero.[21]
Aulus Cornelius Celsus, a 1st
century Roman encyclopedist, offers an extremely detailed
account of a procedure to extract an already dead fetus in his only
surviving work, De Medicina.[22]
In Book 9 of Refutation of all
Heresies, Hippolytus of Rome, another
Christian theologian of the 3rd century, wrote of women tightly
binding themselves around the middle so as to "expel what was being
conceived."[23]
5th
century to 18th century
An 8th century Sanskrit
text instructs women wishing to induce an abortion to sit over a
pot of steam or stewed onions.[24]
The technique of massage
abortion, involving the application of pressure to the pregnant abdomen, has been practiced in
Southeast Asia
for centuries. One of the bas reliefs decorating the temple of Angkor Wat in Cambodia, dated c. 1150, depicts a demon performing such an abortion
upon a woman who has been sent to the underworld.[3]
Japanese documents show records of induced abortion from as
early as the 12th century. It became much more prevalent during the
Edo period, especially
among the peasant class, who were hit hardest by the recurrent famines and high taxation of the
age.[25]
Statues of the Boddhisattva Jizo, erected in memory of an abortion, miscarriage, stillbirth, or young
childhood death, began appearing at least as early as 1710 at a temple in Yokohama (see religion and abortion).[26]
Physical means of inducing abortion, such as battery, exercise,
and tightening the girdle–
special bands were sometimes worn in pregnancy to support the
belly– were reported among English women during the early modern
period.[27]
Māori, who lived in New
Zealand before and at the time of colonisation, terminated
pregnancies via miscarriage-inducing drugs, ceremonial methods, and
girding of the abdomen with a restrictive belt.[28]
Another source claims that the Māori people did not practice
abortion, for fear of Makutu,
but did attempt abortion through the artificial
induction of premature labor.[29]
Natural
abortifacients
Botanical
preparations reputed to be abortifacient were common in classical literature and folk medicine. Such
folk remedies, however, varied in effectiveness and were not without the risk of
adverse
effects. Some of the herbs
used at times to terminiate pregnancy are poisonous.
A list of plants which cause abortion was provided in De
viribus herbarum, an 11th-century herbal written in the form of a poem, the authorship of which
is incorrectly attributed to Aemilius Macer. Among them were rue, Italian catnip, savory, sage, soapwort,
cyperus, white and black
hellebore, and pennyroyal.[12]
King's American
Dispensatory of 1898 recommended a mixture of brewer's yeast and pennyroyal tea as "a
safe and certain abortive".[30]
Pennyroyal has been known to cause complications when used as an
abortifacient. In 1978 a pregnant woman from Colorado died after
consuming 2 tablespoonfuls of pennyroyal essential oil which
is known to be toxic.[31]
In 1994 a pregnant woman, unaware of an ectopic
pregnancy that needed immediate medical care, drank a tea
containing pennyroyal extract to induce abortion without medical
help. She later died as a result of the untreated ectopic
pregnancy, mistaking the symptoms for the abortifacient working.[32]
Tansy has been used to
terminate pregnancies since the Middle Ages.[33]
It was first documented as an emmenagogue in St.
Hildegard of Bingen's De simplicis medicinae.[12]
A variety of juniper,
known as savin, was mentioned frequently in
European writings.[3]
In one case in England, a rector from Essex was said to have procured it for a woman he
had impregnated in 1574; in another, a man wishing to remove his
girlfriend of like condition recommended to her that black hellebore and savin
be boiled together and drunk in milk, or else that chopped madder be boiled in beer. Other substances reputed to
have been used by the English include Spanish fly, opium, watercress seed, iron sulphate, and iron chloride.
Another mixture, not abortifacient, but rather intended to relieve
missed abortion,
contained dittany, hyssop, and hot water.[27]
The root of worm fern, called "prostitute
root" in the French, was used in France and Germany; it was also
recommended by a Greek physician in the 1st century. In German folk medicine, there was also an
abortifacient tea, which included marjoram, thyme, parsley, and lavender. Other preparations of unspecified
origin included crushed ants, the
saliva of camels, and the tail
hairs of black-tailed deer dissolved in the fat of
bears.[24]
Islamic
world
During the medieval period, physicians in the Islamic
world documented detailed and extensive lists of birth control
practices, including the use of abortifacients, commenting on their
effectiveness and prevalence.[34]
They listed many different birth control substances in their
medical encyclopedias, such as Avicenna listing 20 in The
Canon of Medicine (1025) and Muhammad
ibn Zakariya ar-Razi listing 176 in his Hawi (10th
century). This was unparalleled in European medicine until the 19th
century.[34]
19th
century to present
Nineteenth
century medicine saw advances in the fields of surgery, anaesthesia, and sanitation, in the same
era that doctors with the American Medical
Association lobbied for bans on abortion in the United
States[35]
and the British Parliament passed the Offences Against the Person Act.
Various methods of abortion were documented regionally in the
nineteenth and early twentieth centuries. A paper published in 1870
on the abortion services to be found in Syracuse, New
York, concluded that the method most often practiced there
during this time was to flush
inside of the uterus with injected water. The article's author, Ely
Van de Warkle, claimed this procedure was affordable even to a maid, as a man in town offered it for
$10 on an installment plan.[36] Other
prices which 19th-century abortion providers are reported to have
charged were much more steep. In Great Britain, it could cost from
10 to 50 guineas, or 5% of the yearly
income of a lower middle class household.[3]
In France during the latter half of the 19th century, social
perceptions of abortion started to change. In the first half of the
19th century, abortion was viewed as the last resort for pregnant
but unwed women. But as writers began to write about abortion in
terms of family planning for married women, the practice of
abortion was reconceptualized as a logical solution to unwanted
pregnancies resulting from ineffectual contraceptives.[37]
The formulation of abortion as a form of family planning for
married women was made "thinkable" because both medical and
non-medical practitioners agreed on the relative safety of the
procedure.[37]
In the United States and England, the latter half of the 19th
century saw abortion become increasingly criminalized. In the
United States, these laws had a limited effect on middle and upper
class women who could, often with great expense and difficulty,
obtain access to abortion, while poor and young women had access
only to the most dangerous and illegal methods.[38]
After a rash of unexplained miscarriages in Sheffield, England, were attributed to lead poisoning
caused by the metal pipes which fed the city's water supply, a
woman confessed to having used diachylon — a lead-containing plaster — as an abortifacient
in 1898.[3]
Criminal investigation of an abortionist in Calgary, Alberta in 1894 revealed through
chemical analysis that the concoction he
had supplied to a man seeking an abortifacient contained Spanish fly.[39]
Women of Jewish descent
in Lower East
Side, Manhattan are said to have carried the ancient Indian
practice of sitting over a pot of steam into the early 20th
century.[24]
Dr. Evelyn Fisher wrote of how women living in a mining town in Wales during the 1920s used
candles intended for Roman Catholic
ceremonies to dilate the cervix in an effort to self-induce abortion.[3]
Similarly, the use of candles and other objects, such as glass
rods, penholders, curling
irons, spoons, sticks, knives, and catheters was reported during the 19th century
in the United States.[40]
Abortion remained a dangerous procedure into the early 20th
century. Of the estimated 150,000 abortions that occurred annually
in the US during the early 1900s, one in six resulted in the
woman's death.[41]
Advertisement of abortion
services
The text of this clandestine ad reads: "Dr. Caton's Tansy Pills!
The most reliable remedy for ladies. Always safe, effectual, and
the only guaranteed women's salvation. Price $1. Second advice
free. R. F. Caton, Boston, Mass."
Access to abortion continued, despite bans enacted on both sides
of the Atlantic Ocean, as the disguised, but nonetheless open,
advertisement of abortion services, abortion-inducing devices, and
abortifacient medicines in the Victorian era would seem to suggest.[42]
Apparent print ads of this nature were found in both the United
States,[43]
the United Kingdom,[3]
and Canada.[44]
A British Medical
Journal writer who replied to newspaper ads peddling relief to women who
were "temporarily indisposed" in 1868 found that over half of them
were in fact promoting abortion.[3]
An 1845 ad for "French Periodical Pills" warns against use by women
who might be "en ciente [sic]" ("
enceinte" is French for
"pregnant").
A few alleged examples of surreptitiously-marketed
abortifacients include "Farrer's Catholic Pills", "Hardy's Woman's
Friend", "Dr. Peter's French Renovating Pills", "Lydia Pinkham's
Vegetable Compound",[45]
and "Madame Drunette's Lunar Pills".[3]
Patent
medicines which claimed to treat "female complaints" often
contained such ingredients as pennyroyal, tansy, and savin. Abortifacient products were sold under the
promise of "restor[ing] female regularity" and "removing from the
system every impurity."[45]
In the vernacular of such advertising, "irregularity,"
"obstruction," "menstrual suppression," and "delayed period" were
understood to be euphemistic references to the state of
pregnancy. As such, some abortifacients were marketed as menstrual
regulatives.[40]
"Old Dr. Gordon's Pearls of Health," produced by a drug company in Montreal, "cure[d] all suppressions and
irregularities" if "used monthly".[46]
However, a few ads explicitly warned against the use of their
product by women who were expecting, or listed miscarriage as its
inevitable side effect. The copy for "Dr. Peter's French Renovating
Pills" advised, "…pregnant females should not use them, as they
invariably produce a miscarriage…", and both "Dr. Monroe's French
Periodical Pills" and "Dr. Melveau's Portuguese Female Pills" were
"sure to produce a miscarriage".[3]
F.E. Karn, a man from Toronto, in 1901 cautioned women who thought
themselves pregnant not to use the pills he advertised as "Friar's French Female
Regulator" because they would "speedily restore menstrual
secretions".[46]
"Dr. Miller's Female Monthly Powders" ad copy reprinted in an 1858
article condemning such advertising.
Such advertising did not fail to arouse criticisms of quackery and immorality. The safety of
many nostrums was suspect and the efficacy of others non-existent.[40]
Horace
Greeley, in a New York Herald editorial written
in 1871, denounced abortion and its promotion as the "infamous and
unfortunately common crime– so common that it affords a lucrative
support to a regular guild of professional murderers, so safe that
its perpetrators advertise their calling in the newspapers".[43]
Although the paper in which Greeley wrote accepted such
advertisements, others, such as the New York Tribune, refused to
print them.[43]
Elizabeth
Blackwell, the first woman to obtain a Doctor of
Medicine in the United States, also lamented how such ads led
to the contemporary synonymity of "female physician" with
"abortionist".[43]
The Comstock Law made all abortion-related
advertising illegal in the United States (see history of
abortion law).
Madame
Restell
A well-known example of a Victorian-era abortionist was Madame Restell,
or Ann Lohman, who over a forty year period illicitly provided both
surgical abortion and abortifacient pills in the northern United
States. She began her business in New York during the 1830s, and,
by the 1840s, had expanded to include franchises in Boston and Philadelphia.
It is estimated that by 1870 her annual expenditure on
advertising alone was $60,000.[3]
One ad for Restell's medical services, printed in the New
York Sun, promised that she could offer the "strictest
confidence on complaints incidental to the female frame" and that
her "experience and knowledge in the treatment of cases of female
irregularity, [was] such as to require but a few days to effect a
perfect cure".[47]
Another, addressed to married women, asked the question, "Is it
desirable, then, for parents to increase their families, regardless
of consequences to themselves, or the well-being of their
offspring, when a simple, easy, healthy, and certain remedy is
within our control?"[48]
Advertisements for the "Female Monthly Regulating Pills" she also
sold vowed to resolve "all cases of suppression, irregularity, or
stoppage of the menses, however obdurate."[47]
Madame Restelle was an object of criticism in both the respectable
and penny presses.
She was first arrested in 1841, but, it was her final arrest by Anthony
Comstock which lead to her suicide on the day of her trial April 1,
1878.[48]
Development of
contemporary methods
Soviet poster c.
1925 warns against
unsafe
abortion. Title translation: "Abortions performed by either
trained or self-taught midwives not only maim the woman, they also
often lead to death."
Although prototypes of the modern curette are referred to in ancient texts, the
instrument which is used today was initially designed in France in
1723, but was not applied specifically to a gynecological purpose
until 1842.[49]
Dilation and curettage has been
practiced since the late 19th century.[49]
The 20th century saw improvements in abortion technology,
increasing its safety, and reducing its side-effects. Vacuum devices, first described in medical
literature in the 1800s, allowed for the development of suction-aspiration abortion.[49]
This method was practiced in the Soviet Union, Japan, and China, before
being introduced to Britain and the United States in the
1960s.[49]
The invention of the Karman cannula, a flexible plastic cannula which replaced earlier metal models in
the 1970s, reduced the occurrence of perforation and made
suction-aspiration methods possible under local
anesthesia.[49]
In 1971, Lorraine Rothman and Carol Downer,
founding members of the feminist self-help movement, invented the
Del-Em, a safe, cheap suction device that made it possible for
people with minimal training to perform early abortions called menstrual
extraction.[49]
During the mid-1990s in the United States the medical community
showed renewed interest in manual vacuum
aspiration as a method of early surgical abortion. This
resurgence is due to technological advances that permit early
pregnancy detection (as soon as a week after conception) and a
growing popular demand for safe, effective early abortion options,
both surgical and medical. An innovator in the development of early
surgical abortion services is Jerry Edwards, a physician, who
developed a protocol in which women are offered an abortion using a
handheld vacuum syringe as soon as a positive pregnancy test is
received. This protocol also allows the early detection of an
ectopic pregnancy.[49]
Intact dilation and
extraction was developed by Dr. James McMahon in 1983. It
resembles a procedure used in the 19th century to save a woman's
life in cases of obstructed labor, in which the fetal skull was
first punctured with a perforator, then crushed and extracted with
a forceps-like instrument,
known as a cranioclast.[50][51]
In 1980, researchers at Roussel Uclaf in France developed mifepristone, a
chemical compound which works as an abortifacient by blocking hormone action. It was first
marketed in France under the trade name Mifegyne in 1988.
Social: History of abortion
debate
Social discourses regarding abortion have historically been
related to issues of family planning, religious and moral ideology, and human rights.
Prehistory to 5th
century
Abortion was a common practice. Evidence suggests that late-term
abortions were performed in a number of cultures. In Greece, the Stoics believed the fetus to
be plantlike in nature, and not an animal until the moment of
birth, when it finally breathed air. They therefore found abortion
morally acceptable.[52]
The Greek playwright Aristophanes noted the abortifacient
property of pennyroyal in 421 BC, through a humorous reference in
his comedy, Peace.[32]
The ancient Greeks relied upon the herb silphium an abortifacient and contraceptive.
The plant, as the chief export of Cyrene, was driven to extinction, but it is
suggested that it might have possessed the same abortive properties
as some of its closest extant relatives in the Apiaceae family. Silphium was so central to
the Cyrenian economy that most of its coins were embossed with an image of the
plant.
In Rome, abortion was practiced "with little or no sense of
shame."[53] There
were also opposing voices, most notably Hippocrates of Cos and the Roman Emperor Augustus. Aristotle wrote that,
"[T]he line between lawful and unlawful abortion will be marked by
the fact of having sensation and being alive."[54] In
contrast to their pagan environment, Christians generally shunned
abortion, drawing upon early Christian writings such as the Didache (c. 150 A.D.), which says:
"…do not murder a child by abortion or kill a new-born infant."[55]
Saint Augustine believed that abortion of a fetus
animatus, a fetus with human limbs and shape, was murder.
However, his beliefs on earlier-stage abortion were similar to
Aristotle's,[56]
though he could neither deny nor affirm whether such unformed
fetuses would be resurrected as full people at the time of the
second coming.[57]
- "Now who is there that is not rather disposed to think that
unformed abortions perish, like seeds that have never
fructified?"[21]
- "And therefore the following question may be very carefully
inquired into and discussed by learned men, though I do not know
whether it is in man's power to resolve it: At what time the infant
begins to live in the womb: whether life exists in a latent form
before it manifests itself in the motions of the living being. To
deny that the young who are cut out limb by limb from the womb,
lest if they were left there dead the mother should die too, have
never been alive, seems too audacious."[58]
5th
century to 16th century
17th
century to present
In the mid to late 19th century, during the fight for women's suffrage in the U.S., many first-wave
feminists, such as Susan B. Anthony and Elizabeth Cady Stanton, opposed
abortion,[60][61]
Anthony on the grounds that it was an evil forced upon women by
men. In her newspaper, The Revolution,
Anthony wrote in 1869 about the subject, arguing that instead of
merely attempting to pass a law against abortion, the root cause
must also be addressed. Simply passing an anti-abortion law would,
she wrote, "be only mowing off the top of the noxious weed, while
the root remains."[62]
She continued: "No matter what the motive, love of ease, or a
desire to save from suffering the unborn innocent, the woman is
awfully guilty who commits the deed. It will burden her conscience
in life, it will burden her soul in death; But oh! thrice guilty is
he who drove her to the desperation which impelled her to the
crime."[61][63][64]
Around 1970, during second-wave feminism, abortion and
reproductive rights were unifying
issues among various women's rights groups in Canada, the United
States, the Netherlands, Britain, Norway, France, Germany, and
Italy.[65]
Legal: History of abortion
law
The history of abortion law dates back to
ancient times and has impacted women in a variety of ways in
different times and places. The Code of Hammurabi, which was
promulgated ca. 1760 BC, contains the earliest known laws about
miscarriage. The code required monetary compensation for causing a
woman to miscarry.[66][67] While
laws regulating acceptable forms of abortion were found with the
Romans, widespread regulation to have an abortion did not begin
until the 13th century.
There were no laws against abortion in the Roman Republic and
early Roman Empire, as Roman law did not regard a fetus as distinct
from the woman's body, and abortion was not infrequently practiced
to control family size, to maintain one's physical appearance, or
because of adultery. In
211 AD, at the intersection of the reigns of Septimius
Severus and Caracalla, abortion was outlawed for a period
of time as violating the rights of parents, punishable by temporary
exile.[52]
However, late Roman legislation is generally derived from a concern
for population growth, and not as an issue of morality.
Historically, it is unclear how often the ethics of abortion (induced abortion)
was discussed, but widespread regulation did not begin until the
18th century. One factor in abortion restrictions was a
socio-economic struggle between male physicians and female
mid-wives. In the 18th century, English and American common law allowed
abortion if performed before "quickening." By the late 19th century many
nations had passed laws that banned abortion. In the later half of
the 20th century most Western nations began to legalize
abortion.
According to English
common law, abortion after fetal movement or "quickening" was
punishable as homicide, and abortion was also punishable "if the
foetus is already formed" but not yet quickened, according to Henry Bracton.[68]
17th century to 19th
century
- 1765– Post-quickening abortion was no longer considered
homicide in England, but William Blackstone called it "a very
heinous misdemeanor".[69]
- 1803– United Kingdom enacts the Malicious Shooting
or Stabbing Act 1803, making abortion after quickening a capital
crime, and providing lesser penalties for the felony of
abortion before quickening.[70]
- 1821– Connecticut passes first statute that forbids using
poison to induce miscarriages.[71]
- 1842– The Shogunate in
Japan bans induced abortion in Edo.
The law does not affect the rest of the country.[25]
- 1861– The Parliament of the United
Kingdom passes the Offences Against the
Person Act, which outlaws abortion.
- 1869– Pope Pius
IX declared that abortion under any circumstance was gravely
immoral (mortal sin),
and, that anyone who participated in an abortion in any material
way had by virtue of that act excommunicated themselves (latae
sententiae) from the Church. In
the same year, the Parliament of Canada unifies criminal law in all
provinces, banning
abortion.
- 1873– The passage of the Comstock Law in the
United States makes it a crime to sell, distribute, or own
abortion-related products and services, or to publish information
on how to obtain them (see advertisement of abortion
services).
- 1820–1900– Primarily through the efforts of physicians in the
American Medical
Association and legislators, most abortions in the U.S. were
outlawed.[72]
1920s to
1960s
- 1920– Lenin legalized all abortions in the Soviet Union.[73]
- 1931– Mexico as first country in the world legalized abortion
in case of rape.
- 1932– Poland as first country in Europe outside Soviet Union
legalized abortion in cases of rape and threat to maternal
health.[74]
- 1935– Iceland became the
first Western country to legalize therapeutic abortion under
limited circumstances.
- 1935– Nazi
Germany amended its
eugenics law, to promote abortion for women who have hereditary
disorders.[75] The
law allowed abortion if a woman gave her permission, and if the
fetus was not yet viable,[76][77] and
for purposes of so-called racial hygiene.[78][79]
- 1936– Joseph
Stalin reversed most parts of Lenin's legalization of abortion
in the Soviet Union to increase population growth. Stalin's reversal
was repealed in 1955.[80]
- 1936– Heinrich Himmler, Chief of the SS, creates the
"Reich Central Office for the Combating of Homosexuality and
Abortion". Himmler, inspired by bureaucrats of the Race and
Settlement Main Office, hoped to reverse a decline in the "Aryan" birthrate which he
attributed to homosexuality among men and abortions among healthy Aryan
women,[81]
which were not allowed under the 1935 law, but nevertheless
practiced. Reich Secretary Martin Bormann however refused to
implement law in this respect, which would revert the 1935
law.
- 1938– In Britain, Dr. Aleck Bourne aborted the pregnancy of
a young girl who had been raped by
soldiers. Bourne was acquitted after turning
himself into authorities. The legal precedent of
allowing abortion in order to avoid mental or physical damage was picked up by the Commonwealth of Nations.
- 1938– Abortion legalized on a limited basis in Sweden.
- 1948– The Eugenic Protection Act in Japan expanded the
circumstances in which abortion is allowed.[82]
- 1959– The American Law Institute drafts a
model state abortion law to make legal abortions accessible.[71]
- 1961– California state legislature introduces an abortion
reform law based on the American Law Institute model.[71]
- 1966– Mississippi reformed its abortion law and
became the first U.S.
state to allow abortion in cases of rape.
- 1967– The Abortion Act (effective 1968)
legalized abortion in the United Kingdom (except in Northern
Ireland). In the U.S., Colorado, California, and North Carolina reformed their abortion
laws based on the 1962 ALI Model Penal Code (MPC).
- 1967–1970– Colorado becomes first state to loosen its abortion
laws followed by Arkansas, Delaware, Georgia, Kansas, Maryland,
Mississippi, New Mexico, Oregon, South Carolina, and Virginia.[71]
- 1968– President Lyndon Johnson’s Committee on The Status of
Women releases a report calling for a repeal of all abortion
laws.[71]
- 1969– Canada passed the Criminal Law Amendment
Act, 1968-69, which began to allow abortion for selective
reasons.
- 1969– Senator Robert Packwood of Oregon introduces legislation
to legalize abortion in Washington D.C.; no action is taken.[71]
- 1969– The ruling in the Victorian case of R v Davidson
defined for the first time which abortions are lawful in
Australia.
- 1969–1973– The Jane Collective operated in Chicago,
offering illegal abortions.
1970s to
present
- 1970–1970– Hawaii, New York, Alaska, Washington and Florida repealed their abortion laws and
allowed abortion on demand; South Carolina and Virginia reformed their abortion laws based on
the Model
Penal Code.
- 1971– The Indian Parliament under the Prime Ministership of a
lady Prime Minister Indira Gandhi, passes Medical Termination
of Pregnancy Act 1971 (more commonly referred to as simply MTP Act
1971). India thus becomes one of the earliest nations to pass this
Act. The Act gains importance, considering India had traditionally
been a very conservative country in these matters. Most notably
there was no similar Act in several US states around the same
time.[83]
- 1973– The U.S. Supreme Court, in Roe v. Wade, declared all the
individual state bans on abortion during the first trimester to be
unconstitutional, allowed states to regulate but not proscribe
abortion during the second trimester, and allowed states to
proscribe abortion during the third trimester unless abortion is in
the best interest of the woman's physical or mental health. The
Court legalized abortion in all trimesters when a woman's doctor
believes the abortion is necessary for her physical or mental
health.
- 1973–1980– France (1975), West Germany (1976), New Zealand
(1977), Italy (1978), and the Netherlands (1980) legalized abortion
in limited circumstances.
- 1976–1977– Representative Henry Hyde of Illinois sponsors the
Hyde
Amendment, which passes, allows states to prohibit the use of
Medicaid funding for abortions.[71]
- 1979– The
People's Republic of China enacted a one-child
policy, leaving some women to either undergo an abortion or
violate the policy and face economic penalties in some
circumstances.
- 1983– Ireland, by popular referendum, added an amendment
to its Constitution recognizing "the
right to life of the unborn." Abortion is still illegal in Ireland,
except as urgent medical procedures to save a woman's life.
- 1988– France legalized the "abortion pill" mifepristone
(RU-486). In R. v. Morgentaler, the Supreme Court of Canada struck
down regulations of abortion for violating a woman's constitutional
"security
of person"; Canadian law has not regulated abortion ever
since.
- 1989– Webster v.
Reproductive Health Services reinforces the state's right
to prevent all publicly funded facilities from providing or
assisting with abortion services.[71]
- 1990– The Abortion Act in the UK was amended so
that abortion is legal only up to 24 weeks, rather than 28, except
in unusual cases.
- 1992– In Planned Parenthood v.
Casey, the Supreme Court of the
United States overturned the trimester framework in Roe v. Wade, making it
legal for states to proscribe abortion after the point of fetal
viability, excepting instances that would risk the woman's
health.
- 1993– Poland banned abortion, except in cases of rape, incest, severe congenital disorders, or threat to
the life of the pregnant woman.
- 1994– Freedom of Access
to Clinic Entrances Act is passed by the United States Congress to forbid
the use of force or obstruction to prevent someone from providing
or receiving reproductive health services.[71]
- 1996– Republic of
South Africa the 'Choice on Termination of Pregnancy Act 92 of
1996' comes into effect (Repealing the 'Abortion and Sterilization
Act 2 of 1975' which only allowed abortions in certain
circumstances) lawfully permitting abortions by choice. Act is
often challenged in Court.
- 1998– Republic of
South Africa the abortion question is finally answered when the
Transvaal Provincial Division of the High
Court of South Africa in Christian Lawyers Association and
Others v Minister of Health and Others held that abortions are
legal in terms of the Constitution of the Republic of South
Africa.[84]
- 1999– The United States Congress passed a
ban on intact dilation and
extraction, which President Bill Clinton vetoed.
- 2000– Mifepristone (RU-486) approved by the U.S.
Food and
Drug Administration (FDA). In Stenberg v. Carhart, the Supreme Court of the
United States overturned a Nebraska state law that banned intact dilation and
extraction.
- 2003– The U.S. enacted the Partial-Birth Abortion Ban
Act and President George W. Bush
signed it into law. After the law was challenged in three appeals
courts, the U.S. Supreme Court held that it was constitutional
because, unlike the earlier Nebraska state law, it was not vague or
overly broad. The court also held that banning the procedure did
not constitute an "undue burden," even without a health exception.
(see also: Gonzales v. Carhart)
- 2007– Supreme Court upholds the Partial Birth Abortion Ban Act
of 2003.[71]
- 2007– The Parliament of Portugal voted to legalize abortion during the
first ten weeks of pregnancy. This followed a referendum that,
while revealing that a majority of Portuguese voters favored
legalization of early-stage abortions, failed due to low voter
turnout. Although, at the 2nd referendum, the vote for the
legalization won. President Cavaco Silva signed the measure and it
went on effect.[85]
- 2007– The government of Mexico City legalizes abortion during
the first 12 weeks of pregnancy, and offers free abortions. On
August 28, 2008, the Mexican Supreme
Court upholds the law.[86]
- 2008– The Australian state of Victoria passes a bill which
decriminalizes abortion, making it legally accessible to women in
the first 24 weeks of the pregnancy.[87]
- 2009– In Spain a bill
decriminalizes abortion, making it legally accessible to women in
the first 14 weeks of the pregnancy.
See also
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Further
reading
- Critchlow, Donald T. (1999).
Intended consequences: birth control, abortion, and the federal
government in modern America. Oxford: Oxford University Press. ISBN 0-19-504657-9.
OCLC 38542669.
- Critchlow, Donald T. (1996).
The politics of abortion and birth control in historical
perspective. University Park,
Pennsylvania: Penn State University
Press. ISBN 0-271-01570-5.
OCLC 33132898.
- Garrow, David J. (1994). Liberty and
sexuality: the right to privacy and the making of Roe v. Wade.
New York City:
Macmillan Publishers. ISBN 0-02-542755-5.
OCLC 246873646.
- Hull, N. E. H.; Peter
Charles Hoffer (2001). Roe v. Wade: the abortion rights
controversy in American history. Lawrence, Kansas: University Press of Kansas.
ISBN 0-7006-1142-8.
OCLC 231958828.
- Mohr, James C. (1978). Abortion
in America: the origins and evolution of national policy,
1800-1900. Oxford: Oxford University Press. ISBN 0-19-502249-1.
OCLC 3016879.
- Olasky, Marvin (1992). Abortion
Rites: A Social History of Abortion in America. Wheaton,
Illinois: Crossway Books. ISBN
0-89-107687-5.
- Staggenborg, Suzanne (1991).
The pro-choice movement: organization and activism in the
abortion conflict. Oxford: Oxford University Press. ISBN 0-19-506596-4.
OCLC 22809649.
- Reagan, Leslie J. (1997). When abortion was a crime:
women, medicine, and law in the United States, 1867-1973.
Berkeley, California: University of California
Press. ISBN 0-520-08848-4.
OCLC 34789572. http://ark.cdlib.org/ark:/13030/ft967nb5z5/. Retrieved
2008-12-10.
- Rubin, Eva R. (1994). The
Abortion controversy: a documentary history. Westport, Connecticut: Greenwood Publishing Group.
ISBN 0-313-28476-8.
OCLC 28213877.
- Contraception and Abortion
from the Ancient World to the Renaissance a scholarly work
by John Riddle. Published by Harvard University Press.
- Eve's Herbs, a
scholarly work by John Riddle. Published by Harvard University
Press.
- Christianity and Sexuality in
the Early Modern World a scholarly work by Merry E.
Wiesner. Published by Routledge.
- Abortion--my choice, God's
grace: Christian women tell their stories by Anne Marie
Eggebroten]
External
links