Policy 360: The Global Clampdown on Reproductive Rights
In recent decades, women’s reproductive rights and bodily autonomy have dominated much of the social and cultural discourse around the world. One of the most salient aspects of women’s rights today is abortion, a medical procedure that terminates pregnancy. Although the right to a safe and legal abortion remains a fundamental human right under many international and regional human rights treaties, which ground the right to abortion in the recognition of broader rights to life and equality, at least 41% of women around the world live under restrictive abortion laws. These restrictions range from allowing abortions only when a pregnancy endangers the life of the mother to complete bans on abortion procedures.
This piece focuses on the tension between abortion policy and the social contexts of Taiwan, Brazil, and Poland—all countries where abortion is restricted more severely than in other liberal regions of the world and where either religion or traditional views on the role of women have significantly influenced the countries’ stances on reproductive rights. In Brazil and Poland, where the vast majority of citizens follow the Roman Catholic tradition, heavy restrictions on abortion are linked to the rise of religiously conservative political parties that have restricted women’s autonomy through their newfound power. While not dominated by the Roman Catholic Church, Taiwan has also limited women’s right to this fundamental reproductive health measure due to prevailing social attitudes that highlight the traditional inferiority of women.
This roundtable seeks to explore the intersection between women’s rights and the social and historical forces that often prevent them from advancement. The issue of abortion access continues to be incredibly pressing for the health of all women around the globe. According to the World Health Organization, at least 23,000 women die from receiving unsafe abortions every year. Furthermore, restrictions on abortion do not result in fewer of them—instead, restrictions have been shown to push women to seek illegal and often dangerous means to seek the care that they need. By analyzing the legal status of abortion in the following countries, this piece contributes to relevant policy discourse and raising awareness of where greater steps toward full gender equality must be taken.
A European Enigma: Reproductive Rights in Poland
By Claire Schnatterbeck, Columbia College ‘24
An October 2020 ruling by the Constitutional Court of Poland passed a controversial near-total ban on abortion. As of January 2021, the ruling has taken effect, sparking mass protests throughout the country. In its current state, the Polish government only allows abortion in cases of rape, incest, or when carrying a pregnancy to full term would risk the life of the mother. However, before the passing of this restrictive legislation, 98% of abortions in Poland were completed only on the basis of severe and irreversible fetal abnormalities—the very case that the new legislation prohibits.
Europe has been on the forefront of the movement to legalize women’s access to legal abortions. However, six European countries still do not allow abortions when women choose to have one, including Poland. Poland has one of the most restrictive abortion laws, with only around 1,000 legal terminations occurring each year, a number far from an estimated 200,000 women who receive abortions illegally or travel abroad to access the care they require.
The conservative, right-wing populist Law and Justice (PiS) party came to power in 2015 when it became the most prominent party in the Polish bicameral parliament with 198 seats in the Polish Sejm and 48 in the Senate. The PiS party has aligned itself closely with the Catholic Church, a powerful political force within the country. Within Poland, 85.9% of the population is Catholic. The party has used the assumption that the majority of Polish citizens subscribe to Catholic beliefs and values as justification for a series of controversial hardline changes, including the near-total ban on abortion. When the ban on abortion was announced, the Court justified its decision by asserting that “an unborn child is a human being,” thus ensuring its right to life under the Polish Constitution. While the ban serves the political motivations of Polish leadership, it is detrimental to the overall health and rights of women living in Poland.
Restricting reproductive care on the basis of religious belief echoes in other parts of the globe. Brazil is the largest Roman Catholic country in the world and its leadership and policy making reflect the strong ties to the Catholic tradition and conservatism, much like Poland. However, Poland’s stance on reproductive health has not gone unnoticed by the global community and activists within the country. The European Court of Human Rights announced in July 2021 that it would address complaints from 12 separate cases where women may have been victims of Polish violations to the European Convention on Human Rights and Fundamental Freedoms. If Poland wishes to remain in good graces with the global community, its neighbors, and its citizens, the leadership must evaluate whether its current policy stance is sustainable.
Religious Domination over the Law and Women’s Bodies: Brazil’s Return to its Roman Catholic Roots
By Marla Rinck, General Studies ‘23
“I wouldn’t rape you because you don’t deserve it. You are ugly and not my type.” In a world that largely prioritizes values like equality and freedom, current Brazilian President Jair Bolsorano’s comment would leave most listeners in utter shock. However, following the impeachment of former President Dilma Rousseff and the election of current President Jair Bolsonaro, Brazil has experienced an expansion of conservative, neo-Pentecostal powers. This has led to mass polarization and has left minorities feeling vulnerable. With regards to women’s rights specifically, Brazil—similarly to Taiwan—is considered a country with degrading Sexual Reproductive Health and Rights (SRHR) policies, wherein abortion is a critical issue and is punishable with imprisonment. While Brazil took important steps to promote women’s rights under the Rouseff administration, including a law that was passed in 2013 which guaranteed support for victims of sexual violence, recent changes in political leadership have diminished women’s agency to make decisions about their bodies.
Brazil, the largest Roman Catholic country in the world, holds deep-rooted historical ties with the Roman Catholic Church. The recent rise of a powerful “Right” is in favor of more conservative policies, rooted in heterocentric values, that question the reproductive and sexual rights of women. In a congress where 40% of its members identify with the Evangelical front, a right-wing Christian alliance known for its religious means of justifying actions, Brazil’s parliament is largely opposed to gender equality, abortion rights, and gay rights. For instance, the Minister of Women, Damares Alves, is an Evangelical pastor who prioritizes traditional family values over secular-rational values like equality. Recently, Alves has also received immense criticism following her decision to prevent the medical procedures for an abortion that were requested by a ten-year-old girl raped by her own uncle. The girl, consequently, needed to be relocated to another state to receive the abortion.
The aforementioned case presents a dire need to focus on changing attitudes towards women’s rights. August 4, 2021 proved to be a ceremonial day when Law 14, 192 was enforced to “establish norms to prevent, suppress, and combat political violence against women.” But with an authoritarian-like government in control, are laws enough to enact the principle of equality? While Brazil has always had long standing ties with the Roman Catholic tradition, Brazil’s presidency under Rouseff has proven that religion need not shape a country’s policies. Brazil’s ever-changing dynamic between politics and religion underscores the fact that the integration of religion in politics largely depends on the intentions and justifications leveraged by those in power. Bolsorano’s illegitimate use of Roman Catholicism to justify political decisions with regards to SRHR is contributing to an international setback against women’s reproductive rights, which may continue to persist as long as he remains in power. To realize the commitments protecting women’s rights, the Brazilian leader should value the rule of law and insulate women’s rights from religious influences.
Bounded by the Restrictions of Social and Cultural Traditions: The Need for Greater Autonomy for Women in Taiwan
By Samuel Shih, General Studies ‘23
In 2016, Taiwan’s two major political parties nominated female presidential candidates for the first time ever. Eventually, Tsai Ing-wen of the Democratic Progressive Party won the presidency. Since then, much has been done to improve gender equality within the country. Indeed, the most recently elected legislature, the 10th Legislative Yuan, has 42% female representation within its members—the highest rate in Asia. This increase in representation of women in Taiwanese society has occurred despite conflicting social attitudes in Taiwan, where traditional views on the roles of women still abound. Nowhere more than the issue of abortion access does Taiwan’s traditional views on gender parity come into full play.
Abortion is one of the most hotly contested issues in Taiwan, as evidenced by recent referendums on the issue. As it stands, the law on abortion access is based on the Enforcement Rules of the 1985 Genetic Health Act (which has since been amended) and allows for legal abortions, but with a sizable amount of restrictions. Instead of an inherent right to abortion, women are only able to receive the procedure upon the satisfaction of one of six reasons: the women’s spouse or herself is suffering from disease adverse to reproductive health, the woman’s kins or spouse has genetric disease harmful to reproductive health, there is a potential harm posed to the mother or child, there exists a risk of teratogenesis, the pregnancy or delivery may engender mental health issues or affects family life, or the pregnancy has resulted from rape or incest.
In Taiwan, women who carry out illegal abortions may be subject to up to six months of prison time. In addition, Taiwan’s abortion laws are highly focused towards older and married women, as whoever requests an abortion must have the consent of her husband. While opponents of the aforementioned legal stipulation believe that it represents a clear restriction on a woman’s autonomy, defenders believe that it allows for true gender equality, as both women and men both should have a voice in the fate of the fetus they created.
Unlike other countries such as Brazil and Poland that placed heavy restrictions on women’s right to an abortion on the basis of religion, Taiwan has a relative lack of religious influences. Yet, the state has enforced strict policies on abortion due to its largely traditional views on the role of women, which partly arose from traditional Confucian principles. Specifically, Confucian values dictate that men should control the household; therefore, decisions that impact a household, such as whether to keep a baby, should not be dealt with by women. Clearly, Taiwan still has quite much to do to reform public attitudes about this matter, something that could be encouraged through better funding of developmental education like sex education. In a world where autonomy and choice is becoming increasingly stifled, protection for Taiwanese women’s rights including access to safe abortion is perhaps more timely and pressing than ever.