Constitutional framings of the right to abortion: A global view

Abstract

At the present time, no national constitution expressly guarantees access to abortion as a human right. Yet, despite the absence of explicit constitutional provisions, a growing body of case law from countries’ highest courts recognizes abortion as a fundamental, natural right. Judicial interpretations of the right to abortion are evolving, with courts considering it a derivative of the constitutional guarantees of liberty, equality, dignity, or, more recently, the protection of health. Conversely, some courts, notably in the United States and Poland, have ruled out the possibility of such a right having constitutional status. This Reflection outlines current constitutional approaches to the right to abortion. It highlights an important paradigm shift in constitutional law toward framing abortion as part of the right to reproductive health, as already affirmed in international human rights law. Reproductive rights are now defined in relation to the state’s obligation, on the one hand, not to interfere with reproductive choices and, on the other hand, to provide women and girls with conditions ensuring freedom of choice, but also to determine the limits of their choices.