Article page checkbox is not checked in page info.
Access to safe and legal abortion in the European Union
Access to safe and legal abortion in the European Union
Marie Lecerf, Members' Research Service
Summary
Abortion policies and healthcare systems are primarily a Member State competence, and significant differences in access persist across the European Union. Legal restrictions, gestational limits, waiting periods, conscientious objection, limited service availability and financial barriers may delay or prevent women's access to safe abortion care. These barriers can be particularly hard to overcome for young women, migrant women, women with disabilities, and women in rural or underserved areas. Marking the 2026 International Safe Abortion Day, this briefing reviews recent developments in France, Spain and Sweden; outlines Parliament's calls to decriminalise abortion and remove barriers to access; and examines Parliament's support for the European Citizens' Initiative 'My Voice, My Choice: For Safe and Accessible Abortion', which seeks EU-level solidarity for women unable to access care in their Member State of residence.
International Safe Abortion Day
Abortion remains a global public health issue. The World Health Organization (WHO) estimates that around 73 million induced abortions take place each year, representing approximately 29 % of all pregnancies worldwide. Around 45 % of these abortions are considered unsafe, predominantly occurring in countries with restrictive legal frameworks, and contributing 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 is an occasion to raise awareness of these global disparities and advocate for access to safe abortion care. It originated in 1990 as a regional day of action for the decriminalisation of abortion, initiated by feminist networks in Latin America and the Caribbean. In 2011, the Women's Global Network for Reproductive Rights (WGNRR) adopted it as a global day of action. WHO and numerous civil society organisations now recognise the day as an opportunity to reaffirm that access to safe abortion care forms part of sexual and reproductive health and rights (SRHR). The 28 September 2026 edition focuses on solidarity in action to advance reproductive justice and urgently strengthen health systems for comprehensive abortion care. According to the organisers, the 2026 edition focuses on 'solidarity in action' and calls for collective action across generations, communities and borders to improve access to abortion care that is 'free from stigma, discrimination, coercion, and violence'. The campaign also draws attention to what its organisers describe as opposition to sexual and reproductive health and rights, and threats to abortion access.
Access to safe abortion in the European Union
The EU has limited competence in public health. Under Article 168(7) of the Treaty on the Functioning of the European Union (TFEU), Union action must respect Member States' responsibilities for defining their health policy and for organising and delivering health systems and medical care. In accordance with the principle of subsidiarity in Article 5(3) of the Treaty on European Union (TEU), abortion law and the conditions for access to abortion care remain primarily matters for national law.
Member States' legal frameworks vary considerably. Many Member States have progressively liberalised their abortion legislation, broadly in line with recommendations made by international health and human-rights bodies concerning access to abortion care, including WHO guidance and recommendations from Council of Europe bodies.
However, some continue to maintain restrictive legal regimes. Malta and Poland maintain the strictest rules on abortion in the EU. In Malta, termination of pregnancy is exempt from criminal liability only in narrowly defined circumstances involving a medical complication that may put the pregnant woman's life at immediate risk or her health in grave jeopardy that may lead to death, subject to the conditions laid down in national law. In Poland, abortion is lawful where the pregnancy endangers the life or health of the pregnant woman, or where there is a reasonable suspicion that the pregnancy resulted from a criminal act, including rape or incest, subject to the conditions laid down in national law. By contrast, Sweden, the Netherlands and Denmark have substantially more liberal legal frameworks, permitting abortion on request during the early stages of pregnancy, without requiring the woman to demonstrate particular grounds.
Legal entitlement does not necessarily ensure timely and equitable access in practice. Depending on the Member State, barriers may include mandatory waiting periods, compulsory counselling, gestational limits, uneven geographical provision, cost, and the refusal of individual health professionals to provide care on grounds of conscientious objection. Requirements affecting minors also vary: national systems may require parental involvement, notification or consent, or judicial authorisation, depending on the relevant country and circumstances. Such requirements can create particular obstacles for young women who cannot safely involve a parent or guardian.
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. 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.
In 2024, France became the first country to explicitly enshrine in its constitution a guaranteed freedom for women to have recourse to abortion (see box below). Similar constitutional developments have since emerged elsewhere in the EU. In 2026, the Swedish Riksdag adopted a first decision to introduce a right to abortion into the Instrument of Government, with a second decision required before the amendment can enter into force in Sweden. In Spain, legislative reforms adopted in 2023 improved access to abortion, while in April 2026 the government approved a proposal to amend the Constitution to guarantee women's right to voluntary termination of pregnancy under conditions of real and effective equality; the proposed constitutional amendment remains subject to parliamentary approval.
Freedom to choose abortion enshrined in the French constitution
Almost 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 garnered 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.
European Parliament position
During the ninth legislative term, the European Parliament 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.
In December 2025, Parliament adopted a further resolution in response to the successful European Citizens' Initiative 'My Voice, My Choice: For Safe and Accessible Abortion'. The initiative, which secured more than 1.12 million verified statements of support across all 27 Member States, called for EU action to improve access to safe and legal abortion for women who lack such access in their country of residence. In its resolution, adopted by 358 votes to 202, with 79 abstentions, Parliament called on the Commission to establish an EU-funded, voluntary opt-in financial solidarity mechanism. The mechanism would enable participating Member States, in accordance with their national law, to provide safe abortion care to people unable to access safe and legal abortion in their own Member State .In Parliament's resolution, the proposed mechanism was presented as a voluntary solidarity measure aimed at addressing disparities in access between Member States. In February 2026, the Commission replied to the ECI.The Commission emphasised that Member States retain responsibility for their health policies and indicated that, in accordance with national law, they may use existing European Social Fund Plus resources to improve equal access to legally available and affordable safe-abortion services, including for persons facing cross-border, geographic or financial barriers.
Classification
Policy areas: Public Health | Gender Issues, Equality and Diversity
Regions: European Union
Committees: Legal Affairs (JURI), Civil Liberties, Justice and Home Affairs (LIBE), Public Health (SANT), Women's Rights and Gender Equality (FEMM)
Statement on the use of AI
Any AI-generated content in this text has been reviewed by the author.
Disclaimer
This document is prepared for, and addressed to, the Members and staff of the European Parliament as background material to assist them in their parliamentary work. The content of the document is the sole responsibility of its author(s) and any opinions expressed herein should not be taken to represent an official position of the Parliament.
Copyright
© European Union.
The reuse of this document is authorised under a Creative Commons Attribution 4.0 International (CC-BY 4.0) licence.
https://creativecommons.org/licenses/by/4.0/deed.en
To use or reproduce elements that are not owned by the European Union, permission may need to be sought directly from the respective rightsholders.