Abortion in Sweden
Section 1
If a woman requests termination of her pregnancy, an abortion may be performed if the procedure is performed before the end of the eighteenth week of pregnancy and it may not be assumed that it will entail serious danger to the woman’s life or health on account of her having an illness. Act (1995:660).Section 2
If a woman has requested an abortion or if the question of termination of pregnancy has arisen under the provisions of Section 6, she must be offered counselling before the procedure is performed. Act (1995:660).Section 3
After the end of the eighteenth week of pregnancy an abortion may be performed only if the National Board of Health and Welfare has granted the woman permission for the procedure. Such permission may only be granted if exceptional grounds exist for the abortion.Permission under the provisions of the first paragraph may not be granted if there is reason to assume that the foetus is viable.
Section 4
If an abortion in a case referred to under Section 1 is refused, the matter shall be immediately referred to the National Board of Health and Welfare for review. Act (1995:660).Section 5
Only a person authorised to practise medicine may perform an abortion or terminate a pregnancy under the provisions of Section 6.The procedure must be performed at a general hospital or other medical institution approved by the National Board of Health and Welfare. Act (2007:998).[2]
Section 6
If it may be assumed that the pregnancy entails grave danger to the life or health of the woman, on account of her having an illness or bodily defect, the National Board of Health and Welfare may give permission to terminate the pregnancy after the end of the eighteenth week of pregnancy, regardless of how far the pregnancy has progressed.If, due to illness or bodily defect of the woman, the termination of a pregnancy can not be postponed the procedure may be performed notwithstanding the provisions of the first paragraph and Section 5, second paragraph. Act (2007:998).[2]
Section 7
The decisions of the National Board of Health and Welfare regarding permission for abortion or termination of pregnancy under the provisions of Section 6 may not be appealed. Act (1995:660).Section 8
After an abortion or termination of pregnancy under the provisions of Section 6 the woman must be offered counselling. The person in charge at the hospital or health care facility where the procedure has been performed must ensure that such an offer is made. Act (1995:660).Section 9
Any person who, without being authorised to practise medicine, intentionally performs an abortion on another person shall be fined or imprisoned for a maximum of one year for illegal abortion.If an offence referred to in the first paragraph is gross, a prison sentence of a minimum of six months and a maximum of four years shall be imposed. When assessing whether the offence is gross special consideration shall be given to whether the act was habitual or for profit or involved particular danger to the woman’s life or health.
An attempt to bring about an illegal abortion is punishable under Chapter 23 of the Penal Code.
Section 10
The intentional disregard by a medical practitioner of the provisions of Section 4 or, subject to Section 6, second paragraph, of Section 3 or Section 5, shall be punishable by a fine or imprisonment of a maximum of six months.Section 11
The proceeds of an offence under this Act shall be declared forfeited, unless this is manifestly unreasonable. Act (2005:294).
Abortion in Sweden is legal on request up to the end of the 18th week of pregnancy. After that point, an abortion requires permission from the National Board of Health and Welfare, and is generally permitted only in cases involving serious medical indications. Abortion is not permitted if the fetus is considered viable, which generally means that abortions after the 22nd week are not allowed, except in rare cases where the fetus would not be able to survive outside the womb even if the pregnancy were carried to term.[3]
Abortion was first regulated in Sweden under the Abortion Act of 1938, which permitted the procedure on medical, humanitarian, or eugenic grounds, including serious risk to the woman's life, pregnancy resulting from rape, or a significant risk of a serious inherited condition. The law was expanded in 1946 to include socio-medical grounds, and again in 1963 to cover cases involving a risk of serious fetal damage. Because each case had to be assessed by a committee, approvals were often delayed until the middle of the second trimester. The current framework was introduced in 1974, when abortion on request was allowed up to the end of the 18th week of pregnancy.[3]
Legislation
[edit]Current
[edit]The current legislation is the Abortion Act of 1974 (SFS 1974:595). Under the Act, a woman may choose to have an abortion for any reason up to the end of the eighteenth week of pregnancy. After the 18th week, an abortion requires permission from the National Board of Health and Welfare (Socialstyrelsen). Such permission is usually granted in cases where there are serious health concerns affecting the fetus or the pregnant woman. Abortion is not permitted if the fetus is viable, which generally means that abortions after the 22nd week are not allowed. In rare cases, however, an abortion after the 22nd week may be permitted if the fetus would not be able to survive outside the womb, even if the pregnancy were carried to term.[3][4]
Abortion is a largely settled issue in Sweden, and its legality is not a major subject of political controversy.[5]
There is broad consensus in Sweden in favour of preventing unwanted pregnancies through the use of birth control. The primary policy goal is not necessarily to reduce the number of abortions, but to ensure that all children who are born are wanted. Statistically, the number of abortions follows the number of pregnancies. Compared with the other Nordic countries, Sweden has a relatively high number of abortions and a relatively low number of young parents, while the number of pregnancies in relation to the total population is broadly similar across the Nordic countries.[6]
History
[edit]The Civil Code of 1734 formally introduced the death penalty for abortion, although there is no confirmed case in which the sentence was carried out. Legal attention was focused more on infanticide than on abortion, and abortion-related court cases were few.[7] The reformed law of 1864 abolished the death penalty for abortion and replaced it with between two and six years of penal labour for both the person who had the abortion and the abortion provider.[7][8]
During the second half of the 19th century, abortion-related court cases became more common, and the issue entered public debate.[7] A reform in 1921 replaced penal labour with fines or a shorter prison sentence without penal labour for the patient,[8] while retaining the original penalty for abortion providers.[7] Between 1929 and 1933, around 21 patients per year were sentenced for abortion, the vast majority of whom received suspended sentences.[7]
Sweden's first law permitting legal abortions was passed in 1938. It legalised abortion only on a very limited basis, allowing the procedure on serious medical grounds, eugenic grounds, or in cases of rape, following assessment by the Royal Board of Health.[9] From 1946, abortions could also be permitted on social-medical grounds.[10]
During the 1960s, Swedish society underwent a gradual liberalisation in attitudes towards sexuality and abortion, which contributed, among other factors, to an increase in the number of approved abortions.[3]
The current Abortion Act (SFS 1974:595, later amended in 1995 and 2007) entered into force on 1 January 1975. It permits abortion at the request of the pregnant woman until the 18th week of pregnancy, and thereafter only in cases involving strong indications of medical risk. After the 18th week, abortions may be performed only after assessment by the National Board of Health and Welfare.[3]
In 1989, the Board issued general advice on the implementation of the law (SOSFS 1989:6). From 1 September 2004, this was replaced by new advice and policy guidance (SOSFS 2004:4).[3]
Since 1 January 2008, foreign patients, including asylum applicants, non-permanent residents, and people not registered in Sweden, have been allowed to obtain abortions in the country. In 2009, 132 such abortions were performed in Sweden. The National Board of Health and Welfare described this as a comparatively small number in relation to the total number of abortions.[11]
Statistics
[edit]The National Board of Health and Welfare is Sweden's central national authority for social services, public health, and health care. Its responsibilities include evaluating and monitoring abortions performed in Sweden, as well as establishing standards through regulations and general advice. The Board is also responsible for collecting and publishing official national statistics on abortions. Until 1995, these reports were published by Statistics Sweden.[3]
Statistical reports are published annually and are based on data from all clinics and hospitals where abortions are performed. The data collected include the woman's age, previous pregnancies and abortions, the length of the pregnancy at the time of the abortion, the method of abortion, and where the abortion was performed.
One of the National Board of Health and Welfare's main purposes in publishing these reports is to measure changes and trends over time. Statistics on legal abortions extend back to 1955 and, from 1975 onward, data on rates for different age groups are available. Since 1985, the woman's home municipality has also been recorded.
Trends
[edit]
The number of induced abortions performed in Sweden increased markedly each year from the early 1960s, but soon levelled off after the liberalization of abortion law in 1975. It is not possible to determine whether the increase recorded after the Abortion Act of 1974 reflected actual circumstances or bias resulting from a greater willingness to report abortions after legalization. Since 1975, the total annual number of cases has averaged between 30,000 and 38,000 abortions.[3]
Abortion rates by age group have changed over time. In 1975, the rate among teenagers was 30 per 1,000 women, while the rate among women aged 20 to 24 was 27 per 1,000. Since 1977, however, the reverse has been true, with fewer abortions performed among teenagers than among women aged 20 to 24. The abortion rate among teenagers was around 11 per 1,000 women in 2018, half the rate recorded in 2009.[12]
Most abortions in Sweden are performed on women aged 25–29, followed by women aged 20–24, 30–34, 35–39, 15–19 (teenage abortions), and 40–44.[12] Before the age of thirty, many women have not established a family life, and abortion is more common in this age group. Among younger age groups, multiple sex partners, lower desire for parenthood, ongoing studies, and recent entry into the labour market may influence the decision to have an abortion.[6]
Abortion rates in Sweden vary widely by region. The highest rates of teenage abortions are recorded in Gotland and in the metropolitan areas of Stockholm and Gothenburg, while the lowest incidences are in the counties of Blekinge, Kronoberg, and Jönköping.[3]
In 2018, 84 percent of induced abortions were performed before the end of the 9th week of pregnancy and 57 percent before the end of the 7th week, compared with 55 and 10 percent, respectively, in 1994. Medical abortions accounted for 93 percent of all abortions.[12]
| Abortions | Abortions per 1000 women (aged 15–44) |
Total live births | Live births per 1000 women (aged 15–44) | Abortions per 100 known pregnancies | Year |
|---|---|---|---|---|---|
| 4 562 | 3.1 | 107 305 | 72.8 | 4.0 | 1955 |
| 2 792 | 1.9 | 102 219 | 68.4 | 2.6 | 1960 |
| 6 209 | 4.0 | 122 806 | 79.2 | 4.8 | 1965 |
| 16 100 | 10.2 | 110 150 | 69.8 | 12.7 | 1970 |
| 19 250 | 12.1 | 114 484 | 72.1 | 14.3 | 1971 |
| 24 170 | 15.2 | 112 273 | 70.6 | 17.6 | 1972 |
| 25 990 | 16.3 | 109 663 | 68.9 | 19.0 | 1973 |
| 30 636 | 19.2 | 109 864 | 68.8 | 21.7 | 1974 |
| 32 526 | 20.3 | 103 632 | 64.6 | 23.8 | 1975 |
| 32 351 | 20.0 | 98 345 | 60.9 | 24.7 | 1976 |
| 31 462 | 19.3 | 96 057 | 59.0 | 24.6 | 1977 |
| 31 918 | 19.4 | 93 248 | 56.7 | 25.4 | 1978 |
| 34 709 | 20.9 | 96 175 | 57.8 | 26.4 | 1979 |
| 34 887 | 20.7 | 97 064 | 57.6 | 26.4 | 1980 |
| 33 294 | 19.6 | 94 065 | 55.2 | 26.1 | 1981 |
| 32 602 | 19.0 | 92 706 | 54.0 | 25.9 | 1982 |
| 31 014 | 17.9 | 91 686 | 53.0 | 25.2 | 1983 |
| 30 755 | 17.7 | 93 508 | 53.9 | 24.7 | 1984 |
| 30 838 | 17.7 | 98 463 | 56.5 | 23.8 | 1985 |
| 33 124 | 18.9 | 101 740 | 58.1 | 24.5 | 1986 |
| 34 486 | 19.8 | 104 699 | 59.6 | 24.8 | 1987 |
| 37 585 | 21.4 | 112 080 | 63.7 | 25.0 | 1988 |
| 37 920 | 21.5 | 116 023 | 65.9 | 24.6 | 1989 |
| 37 489 | 21.3 | 123 938 | 70.5 | 23.2 | 1990 |
| 35 788 | 20.4 | 123 737 | 70.7 | 22.4 | 1991 |
| 37 849 | 20.0 | 122 848 | 70.6 | 22.0 | 1992 |
| 34 170 | 19.8 | 117 998 | 68.2 | 22.4 | 1993 |
| 32 293 | 18.7 | 112 257 | 65.1 | 22.3 | 1994 |
| 31 441 | 18.3 | 103 422 | 60.1 | 23.3 | 1995 |
| 32 117 | 18.7 | 95 297 | 55.6 | 25.1 | 1996 |
| 31 433 | 18.4 | 90 502 | 53.0 | 25.7 | 1997 |
| 31 008 | 18.3 | 89 028 | 52.4 | 25.8 | 1998 |
| 30 712 | 18.1 | 88 173 | 52.0 | 25.8 | 1999 |
| 30 980 | 18.3 | 90 698 | 53.6 | 25.4 | 2000 |
| 31 772 | 18.7 | 91 466 | 53.9 | 25.7 | 2001 |
| 33 365 | 19.6 | 95 953 | 56.4 | 25.7 | 2002 |
| 34 473 | 20.2 | 99 260 | 58.1 | 25.7 | 2003 |
| 34 454 | 20.0 | 101 018 | 58.8 | 25.4 | 2004 |
| 34 978 | 20.2 | 101 496 | 58.6 | 25.6 | 2005 |
| 36 045 | 20.6 | 106 013 | 60.6 | 25.3 | 2006 |
| 37 205 | 21.0 | 107 491 | 60.7 | 25.7 | 2007 |
| 38 053 | 21.3 | 109 373 | 61.2 | 25.7 | 2008 |
| 37 524 | 20.8 | 111 935 | 62.2 | 25.0 | 2009 |
| 37 693 | 20.9 | 2010 | |||
| 37 750 | 20.9 | 2011 | |||
| 37 366 | 20.7 | 2012 | |||
| [data missing] | [data missing] | [data missing] | [data missing] | [data missing] | 2013[a] |
| 36 629 | 20.2 | 2014 | |||
| 38 071 | 20.9 | 2015 | |||
| 38 177 | 20.8 | 2016 | |||
| 36 616 | 19.8 | 2017 | |||
| 35 782 | 19.2 | 2018 | |||
Debate
[edit]Sweden has one of the most liberal abortion laws in the world. Abortion is not a highly controversial issue in Swedish society, and a majority of the population supports the country's abortion laws and related policies.[14] A 2024 report by the Pew Research Center found that 95% of Swedish adults believed abortion should be legal in all or most cases.[15]
Political debate has nevertheless occurred over issues such as the time limit for abortion and other aspects of abortion rights. Parties including the Christian Democrats and the Swedish Democrats have previously advocated stricter limits on late abortions, although they no longer do so. The Swedish Association for Sexuality Education has argued that many political claims about late abortions are based on misinformation and a lack of knowledge.[16]
Abortion rights
[edit]Organizations
[edit]The RFSU supports abortion rights and identifies access to safe and legal abortion as one of its main international priority areas. The organization states that, in an equal and sustainable society, individuals should have the right to make decisions about their own bodies, sexuality, and reproduction.[17]
Anti-abortion
[edit]Organizations
[edit]Människorätt för ofödda (MRO, Human Rights for the Unborn) is a politically and religiously independent organization. It seeks to promote the right to life of unborn fetuses through non-violent protests, the display of fetal images, and support for pregnant women.[18]
Ja till livet (Yes to Life) is a non-profit organization that seeks to influence public debate on human dignity in relation to abortion, prenatal diagnosis, and elderly care.[19] The organization aims to reduce the number of abortions by arguing that fetuses have human value.[20]
Some religious organizations also oppose abortion. The Catholic Church teaches that human life begins at conception and that abortion should not be permitted unless both the mother and the child are in danger.[21] The Catholic movement Respekt (Respect) states that it works to promote human life from conception to death, and opposes abortion and euthanasia, among other practices.[22]
Ellinor Grimmark
[edit]In 2014, midwife Ellinor Grimmark filed a lawsuit against the health authorities in Jönköping County after she was denied employment because she refused, on religious grounds, to perform abortions or prescribe contraceptives. The case received financial support from Alliance Defending Freedom, a US-based Christian legal advocacy organisation that opposes abortion and has sought to restrict abortion access in Europe.
Grimmark's case was reviewed by the Swedish Discrimination Ombudsman and later heard by a district court, both of which ruled against her.[23] The Swedish Labour Court also ruled against her,[24] after which Grimmark took the case to the European Court of Human Rights.[25] In 2020, she lost her case against the Swedish state, and in October 2021 the case was permanently closed when her request for reconsideration was denied.[26]
See also
[edit]Notes
[edit]- ↑ Due to a pause in data collection, figures for 2013 are unavailable.
References
[edit]- ↑ "The Abortion Act[permanent dead link] (SFS 1974:595)" Unofficial translation provided by the Ministry of Health and Social Affairs, Sweden. Promulgated 19 May 2005; with amendments up to and including Swedish Code of Statutes 2005:294; entered into force 1 July 2005; translated 1 February 2006.
- 1 2 Law about changing the Abortion Act, Lag om ändring i abortlagen (1974:595)(Swedish) Archived 28 July 2011 at the Wayback Machine
- 1 2 3 4 5 6 7 8 9 10 Official Statistics of Sweden: Statistics – Health and Medical Care: Induced abortions 2009 Archived 27 July 2011 at the Wayback Machine (2010) National Board of Health and Welfare. ISBN 978-91-86585-24-2.
- ↑ Socialstyrelsens meddelandeblad: Rättsliga rådets behandling av abortärenden m.m.[permanent dead link]
- ↑ "Pew Forum: Abortion Laws Around the World". Archived from the original on 5 July 2013. Retrieved 21 October 2012.
- 1 2 Lindahl, Katarina. "Aborter i Sverige [Abortion in Sweden]". Nationalencyklopedin (in Swedish). Bra Böcker.
- 1 2 3 4 5 Sverige. Utredningen om utländska aborter, Abort i Sverige: betänkande, Fritze, Stockholm, 2005 http://www.regeringen.se/rattsdokument/statens-offentliga-utredningar/2005/11/sou-200590/ Archived 7 February 2018 at the Wayback Machine
- 1 2 "1930-talet: Fertilitetskris och abortförbud". Riksförbundet för sexuell upplysning (in Swedish). 28 January 2018. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
- ↑ "1938: Den första abortlagen". Riksförbundet för sexuell upplysning (in Swedish). 28 January 2018. Retrieved 12 January 2024.
- ↑ "1946: Abortlagen blir bättre". Riksförbundet för sexuell upplysning (in Swedish). 28 January 2018. Archived from the original on 12 January 2024. Retrieved 12 January 2024.
- ↑ "Rapport om utländska kvinnors aborter i Sverige 2009". National Board of Health and Welfare. 23 February 2010. Archived from the original on 20 October 2017. Retrieved 5 May 2011.
- 1 2 3 "Statistik om aborter 2018" (PDF) (in Swedish). National Board of Health and Welfare. 22 May 2019. Archived from the original (PDF) on 23 May 2019. Retrieved 23 May 2019.
- ↑ "Statistik om aborter 2018". socialstyrelsen.se (in Swedish). 22 May 2019. Retrieved 23 May 2019.[permanent dead link]
- ↑ Radio, Sveriges (July 2015). "Sweden's road to abortion on demand - Radio Sweden". Sveriges Radio. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ Fetterolf, Janell; Clancy, Laura (15 May 2024). "Support for legal abortion is widespread in many places, especially in Europe". Pew Research Center. Retrieved 9 August 2024.
- ↑ "DEBATT: KD – ni sprider myter om de sena aborterna". Aftonbladet (in Swedish). 20 October 2017. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ "RFSU". rfsu.se (in Swedish). Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ "Om MRO | Människorätt för ofödda" (in Swedish). Archived from the original on 6 April 2019. Retrieved 17 April 2019.
- ↑ "Ja till Livet-Om Ja till Livet". 9 January 2011. Archived from the original on 9 January 2011. Retrieved 17 April 2019.
- ↑ "Ja till Livet-Om Ja till Livet-Om föreningen". archive.is. 25 May 2012. Retrieved 17 April 2019.
{{cite web}}: CS1 maint: deprecated archival service (link) - ↑ "Varför är katoliker mot abort? | Katolska kyrkan". katolskakyrkan.se. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ "About us". respektlivet.nu/en. Retrieved 17 April 2019.
- ↑ Radio, Sveriges (24 January 2017). "Support from US for Swedish anti-abortion midwife - Radio Sweden". Sveriges Radio. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ Radio, Sveriges (12 April 2017). "Swedish labour court rules against anti-abortion midwife - Radio Sweden". Sveriges Radio. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ says, Janja H. (14 April 2017). "Swedish midwife takes case to ECHR over anti-abortion discrimination". euractiv.com. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ↑ Hedén, Anna-Karin (28 October 2021). "Europadomstolen nekar barnmorskan Grimmark resning | SVT Nyheter". SVT Nyheter. Archived from the original on 3 December 2021. Retrieved 3 December 2021.
External links
[edit]- Swedish Parliament – Abortion act (in Swedish)
