Legalize Abortion

Canada hasn’t had an abortion law since 1988, but we need one: a “positive” law that increases access to the procedure, without cost or stigma.

Canada is the only democratic country in the world with no abortion law. Our Supreme Court struck down the old law in 1988 because it violated women’s rights, and no legal restrictions on abortion have since been enacted (except for an unconstitutional funding restriction in New Brunswick).

Some may feel this situation needs addressing, but any legal restriction on abortion is unnecessary, cruel, and discriminatory. No country has ever managed to stamp out abortion by banning or restricting it. Illegal abortion is extremely common, accounting for more than half of all abortions globally. Seventy thousand women die every year from unsafe abortion and eight million are injured, mostly in the developing world. Abortion laws are not only harmful to women’s health, they also violate the human rights of women, interfere with medical discretion, and compromise quality of care.

Having no legal restrictions helps integrate abortion care into the health care system, facilitate early access, and improve women’s health in general. According to Statistics Canada, about 90 per cent of abortions are done by 12 weeks and over 97 per cent by 16 weeks. Out of every 1,000 Canadian women of childbearing age, only 14 have an abortion each year. That compares favourably to western Europe’s rate of 12, the lowest abortion rate in the world. In contrast, the American rate is 20, despite many legal restrictions, and the global average is 29 abortions per 1,000 women with the highest rates occurring mostly in countries where it’s illegal.

Serious problems remain in Canada, however, because abortion remains politicized. The anti-choice movement relentlessly promotes abortion stigma and shame, as well as restrictions and funding bans. Many clinics experience regular picketing, and providers remain subject to anti-choice harassment and the risk of violence.

This stigma and political controversy reduces access – more than 80 per cent of hospitals don’t perform abortions, and some that do have restrictive policies on abortion care. It’s difficult for disadvantaged women to access abortion services, and many women must travel long distances to find an abortion provider. Access is also poor in rural and conservative areas, especially the territories, Saskatchewan, and the Maritimes. New Brunswick forces women to pay for abortions at its one clinic in Fredericton, a practice that violates the Canada Health Act. Most medical schools still do not require abortion training, causing a chronic shortage of abortion providers.

One solution to bridge the gap between Canada’s admirable lack of an abortion law and our less-than-admirable access problems would be to pass a “positive” law that would ensure abortion services for women – without cost, hassle, stigma, or disapproval. Ideally, such a law would include at least these elements:

• Mandatory education in abortion and contraception for all medical students, and mandatory training in abortion techniques for all Ob/Gyn residents;
• Guaranteed funding for all abortions, whether in hospitals or clinics (along with repeal of the New Brunswick regulation)
• Requirement for each province and territory to ensure availability of services in every region, and to maintain those services and support providers
• Removal of abortion from the “excluded services” list for purposes of reciprocal billing between provinces
• Requirement for Health Canada to expedite the approval and availability of [mifepristone](http://en.wikipedia.org/wiki/Mifepristone) (RU-486)
• Limited conscientious objection by doctors – all must refer appropriately if they don’t perform abortions
• A federal bubble zone law banning protests outside abortion care facilities and provider homes and offices.

Canada has a special responsibility to be a role model to the world because we’ve proven that abortion restrictions are completely unnecessary. Our next logical step should be taking a strong stand for women’s rights and equality by guaranteeing access to this vital medical procedure.