Written by Marie Lecerf.
International Safe Abortion Day, observed annually on 28 September, draws attention to global disparities in access to safe and legal abortion. It also provides an occasion to examine the legal and policy framework within the European Union. While competence in public health lies primarily with the Member States, EU institutions – most notably the European Parliament – have increasingly engaged with sexual and reproductive health and rights (SRHR).
International Safe Abortion DayAbortion remains a global public health issue, with an estimated 73 million induced abortions taking place each year – equivalent to approximately 29 % of all pregnancies worldwide (World Health Organization – WHO). Nearly 45 % of these procedures are considered unsafe, predominantly occurring in countries with restrictive legal frameworks, and contribute to between 4.7 % and 13.2 % of all maternal deaths globally. Conversely, it is reported that, where abortion is legal, most procedures – nearly 90 % in high-income countries – are conducted safely (Guttmacher Institute).
International Safe Abortion Day has emerged as a recognised occasion for raising awareness of these global disparities and advocating for access to safe abortion. First established in 1990 by feminist networks in Latin America and the Caribbean as a regional day of action for the decriminalisation of abortion, it was adopted globally by the Women’s Global Network for Reproductive Rights (WGNRR) in 2011. It is now acknowledged by the WHO and numerous civil society organisations as an opportunity to affirm that access to safe abortion is a component of SRHR. The 28 September 2025 edition addresses the growing international opposition to abortion rights and related human rights movements, such as LGBTQI and feminist advocacy. It highlights the need for collaboration across generations and communities to counter misinformation, legal restrictions, and attacks on those providing or supporting reproductive healthcare.
Access to safe abortion in the European UnionThe EU’s limited legislative competence in public health matters means that abortion remains primarily a national prerogative, governed by Article 168(7) of the Treaty on the Functioning of the European Union and the principle of subsidiarity (Article 5(3) of the Treaty on European Union).
Many Member States have progressively liberalised their abortion legislation, aligning more closely with international health recommendations, including those issued by the WHO and the Council of Europe. Still, some countries maintain restrictive or prohibitive legal regimes.
Legal frameworks across the EU vary significantly. While countries such as Sweden, the Netherlands and Denmark provide abortion on request and have comprehensive reproductive health policies, others –including Malta and Poland – retain more restrictive laws. In Malta, abortion is only allowed in cases where the woman’s life is at risk, and in Poland access is limited to cases involving serious threats to the pregnant woman’s life or pregnancy resulting from sexual violence.
Beyond legal access, many Member States impose additional barriers that hinder timely and equitable access to abortion care. These include mandatory waiting periods, compulsory counselling, gestational limits, and the use of conscientious objection by healthcare providers. Twelve EU countries require a waiting period – ranging from three days (Germany, Hungary, Latvia, Luxembourg, Portugal and Spain) to seven days (Italy) – between the initial request and the procedure. Twelve Member States mandate counselling, which in some cases, such as Hungary and Germany, is framed in prescriptive terms. The majority of Member States also require third-party authorisation for minors, further limiting their reproductive rights.
The use of the conscience clause by medical professionals, while grounded in international protections for freedom of belief, can also severely restrict access to abortion. In Italy, for instance, it is estimated that up to 70 % of healthcare providers invoke conscientious objection, resulting in limited availability of services even where abortion is legal. Similar patterns have been observed in Croatia and Romania. The cumulative effect of these barriers is particularly pronounced for women in marginalised or vulnerable situations, such as those with disabilities, migrants, and young women.
In terms of cost and public coverage, provision also varies. France remains the only EU Member State where abortion is entirely free of charge for all women. Other countries restrict public funding to residents, or limit coverage to medically indicated abortions, excluding on-request procedures. In many Member States, non-resident, undocumented, or migrant women may not be eligible for publicly funded abortion care.
Freedom to choose abortion enshrined in the French constitutionAlmost 50 years after the legalisation of abortion in France, the freedom to choose to have an abortion (‘liberté garantie … d’avoir recours à une interruption volontaire de grossesse’) was officially enshrined in the French constitution on 8 March 2024. Taking the form of a one-line addition to Article 34 (the list of matters upon which Parliament may legislate), the amendment received final approval in the Congrès du Parlement (National Assembly and Senate) on 4 March 2024. President Emmanuel Macron signed the result of the overwhelming 780-72 vote in favour (which received a standing ovation) on 8 March (International Women’s Day). This amendment to the 1958 constitution designates a ‘guaranteed freedom’ to choose to terminate a pregnancy.
Since its legalisation in 1975 through a law supported by then Minister for Health Simone Veil (later the European Parliament’s first female president, and the first president of the directly elected Parliament), the right to choose to terminate a pregnancy has consistently gathered support from the political community, civil society and public opinion in France. The law has been updated nine times – on each occasion with the aim of extending access to abortion. The right to choose abortion has evolved from a public health measure, which motivated its decriminalisation, to a fundamental right. France is the first country in the world to make access to abortion an explicit constitutional right. Similar initiatives have been considered in other Member States, such as Sweden, while Member States such as Spain have reformed the law to improve access to safe and legal abortion.
European Parliament positionDuring the ninth legislative term, the European Parliament has consistently advocated the decriminalisation of abortion and the removal of legal, financial, social and practical barriers to access. In various resolutions adopted between 2021 and 2024, Parliament called for the inclusion of abortion rights in the EU Charter of Fundamental Rights, and condemned restrictive measures in EU Member States, such as Poland, and in the US. On 11 April 2024, Parliament adopted a resolution on including the right to choose an abortion in the EU Charter of Fundamental Rights. The resolution affirmed that access to SRHR, including safe and legal abortion, is a fundamental right. Parliament called on the European Council to revise the Treaties to include these rights in the EU Charter. It urged Member States to fully decriminalise abortion in line with WHO guidelines and to remove legal and practical barriers, specifically calling on Poland and Malta to repeal restrictive laws. MEPs also condemned the denial of abortion based on the conscience clause, especially when it endangers patients’ health or lives.
Read the complete briefing on ‘International Safe Abortion Day‘ in the Think Tank pages of the European Parliament.