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abortion law : ウィキペディア英語版
abortion law

Abortion law is legislation and common law which prohibits, restricts or otherwise regulates the availability of abortion. Abortion has been a controversial subject in many societies through history on religious, moral, ethical, practical, and political grounds. It has been banned frequently and otherwise limited by law. However, abortions continue to be common in many areas, even where they are illegal, with according to the World Health Organization (WHO) abortion rates being similar in countries where the procedure is legal and in countries where it is not,〔(Abortion Rates Similar in Countries That Legalize, Prohibit Procedure, a WHO Study Says )〕 due to unavailability of modern contraceptives in areas where abortion is illegal.〔Singh, Susheela et al. ''(Adding it Up: The Costs and Benefits of Investing in Family Planning and Newborn Health )'', pages 17, 19, and 27 (New York: Guttmacher Institute and United Nations Population Fund 2009): "Some 215 million women in the developing world as a whole have an unmet need for modern contraceptives…. If the 215 million women with unmet need used modern family planning methods....() would result in about 22 million fewer unplanned births; 25 million fewer abortions; and seven million fewer miscarriages....If women’s contraceptive needs were addressed (and assuming no changes in abortion laws)...the number of unsafe abortions would decline by 73% from 20 million to 5.5 million." A few of the findings in that report were subsequently changed, and are available at: "(Facts on Investing in Family Planning and Maternal and Newborn Health )" (Guttmacher Institute 2010).〕 The number of abortions worldwide is declining due to increased access to contraception according to WHO.〔 Almost two thirds of the world's women currently reside in countries where abortion may be obtained on request for a broad range of social, economic or personal reasons. Abortion laws vary widely by nation. Seven countries in Latin America and Europe ban the procedure entirely. Abortion in Canada is available to women without any legal restrictions, while in Ireland abortions are illegal except when a woman's life is at imminent risk and Chile bans abortion with no exception for the life of the pregnant woman.〔(Abortion Policies: A Global Review ), UN〕
==History==
(詳細はfamily planning since ancient times, with natural abortifacients being found amongst a wide variety of tribal people and in all our written sources. Our earliest texts contain no mention of abortion or abortion law. When it does appear, it is entailed in concerns about male property rights, preservation of social order, and the duty to produce fit citizens for the state or community. The harshest penalties were generally reserved for a woman who procured an abortion against her husband's wishes, and for slaves who produced abortion in a woman of high status. Religious texts often contained severe condemnations of abortion, recommending penance but seldom enforcing secular punishment. As a matter of common law in England and the United States, abortion was illegal anytime after quickening—when the movements of the fetus could first be felt by the woman. Under the born alive rule, the fetus was not considered a "reasonable being" ''in rerum natura''; and abortion was not treated as murder in English law.
In the 19th century, many Western countries began to codify abortion law or place further restrictions on the practice. Anti-abortion groups were led by a combination of conservative groups opposed to abortion on moral grounds, and by medical professionals who were concerned about the danger presented by the procedure and the regular involvement of non-medical personnel in performing abortions. Nevertheless, it became clear that illegal abortions continued to take place in large numbers even where abortions were rigorously restricted. It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors, and judges and juries were often reluctant to convict. For example, Henry Morgentaler, a Canadian pro-choice advocate, was never convicted by a jury. He was acquitted by a jury in the 1973 court case, but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. He went to prison, appealed, and was again acquitted. In total, he served 10 months, suffering a heart attack while in solitary confinement. Many were also outraged at the invasion of privacy and the medical problems resulting from abortions taking place illegally in medically dangerous circumstances. Political movements soon coalesced around the legalization of abortion and liberalization of existing laws.
By the early 20th century, many countries had begun to liberalise abortion laws, at least when performed to protect the life of the woman, and in some cases on woman's request. Under Vladimir Lenin, the Soviet Union legalized abortions on request in 1920, but in 1936 Joseph Stalin placed prohibitions on abortions this was restricted to medically recommended cases only in order to increase population growth.〔Heer, David, "Abortion, Contraception, and Population Policy in the Soviet Union" Demography 2 (1965): 531-39.〕〔Alexandre Avdeev, Alain Blum, and Irina Troitskaya. "The History of Abortion Statistics in Russia and the USSR from 1900 to 1991." Population (English Edition) 7, (1995), 42.〕〔(【引用サイトリンク】url=https://www.marxists.org/history/erol/ca.firstwave/cpl-abortion/section5.htm )
In jurisdictions governed under sharia law, abortion after the 120th day (17 weeks and another day) is illegal.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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