Milwaukee Journal Sentinel

State’s abortion limit within world bounds

- D.L. Davis

As election season heats up, the issue of abortion rights has moved from a simmer to a slow boil nationally as well as at the state level.

At an appearance in Waukesha County, Vice President Kamala Harris implied that abortion would be central to an election rematch between Democratic President Biden and Republican former President Donald Trump. And the issue continues to be a front burner issue in Wisconsin, as Assembly Speaker Robin Vos, R-Rochester, weighed in on an aspect of Wisconsin’s abortion law: the allowable time frame for the procedure.

“The law in Wisconsin is 20 weeks,” Vos said Jan. 7 on WISN’s “UpFront.” “That is way outside the internatio­nal bounds. Take France as an example, they are at a 14-week allowance for abortion.”

About two weeks after the appearance, Wisconsin GOP lawmakers introduced a bill to ban abortion after 14 weeks of pregnancy except in situations where the mother’s life or health would be endangered without the procedure. The measure would reduce the time frame for legal abortions by six weeks, from 20 to 14 weeks.

The proposal puts the matter in front of voters by calling for a statewide referendum during April’s election on whether the 14-week prohibitio­n should take effect. A few days after the bill’s introducti­on, Democratic Gov. Tony Evers promised to veto the measure.

Following major criticism of the Wisconsin bill, Republican lawmakers voted to add exceptions for pregnancie­s that result from sexual assaults and incest.

Other Republican­s, both here and nationally, have made claims similar to the one from Vos, so we decided to dig in: Is Wisconsin’s 20-week threshold “way outside internatio­nal bounds?”

Allowable time frames for procedure

When asked for data to support the statement, Vos staffer Angela Joyce directed PolitiFact Wisconsin to online informatio­n, including from the UK’s Right to Life site, on allowable time frames for legal abortion procedures in European Union countries.

The EU time limits, according to the UK Right to Life listing:

● 10 weeks: Croatia, Cyprus, Portugal, Slovenia

● 11 weeks: Estonia

Abortion time limit

Assembly Speaker Robin Vos

R-Rochester

The statement

“The law in Wisconsin (on abortion time frame limit) is 20 weeks. That is way outside the internatio­nal bounds.”

The verdict

Most EU countries are at 12 weeks. Selection of countries in Asia, Africa, Middle East and Eastern Europe have time frames from 10 weeks up to 24 weeks, making Wisconsin not so far outside the norm.

● 12 weeks: Belgium, Bulgaria, Czech Republic, Denmark, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Slovakia

● 14 weeks: France, Romania, Spain

● 18 weeks: Sweden

● 22-24 weeks: Netherland­s Another study of legal abortion time frames in Europe in 2020, by Jenny Yang and published by Statista on Nov. 30, 2023, found roughly the same time frame limits as did Right to Life, ranging from 10 weeks in Portugal through 24 weeks in the United Kingdom.

Note: The United Kingdom is not included in Right to Life’s EU countries listing because the UK exited the EU (Brexit) in 2020.

So, when only European Union countries are considered, Vos may generally be on target – but there is important informatio­n missing here.

According to the Center for Reproducti­ve Rights, a global legal advocacy organizati­on that seeks to advance reproducti­ve rights, such as abortion, there are broad exceptions across Europe that are in place to allow for abortions after the initial gestationa­l limit expires.

Those exceptions include concerns over mental and physical health of the woman, fetal impairment, pregnancy resulting from sexual assault or incest and socio-economic reasons. Researcher­s say some of the socio-economic reasons for elective abortion include marital status or lack of a supportive partner, no family support system and financial insecurity.

“Categorizi­ng countries by their nominal gestationa­l limits does not provide an accurate reflection of the status of legal protection for abortion,” Katherine Mayall, director of strategic Initiative­s, legal strategies, innovation and research at the Center for Reproducti­ve Rights, said in an email to PolitiFact Wisconsin. “Across Europe, there are broad exceptions to abortion that are in place after the initial gestationa­l limit expires, meaning abortion remains accessible thereafter.”

Mayall also noted that in the United States in the wake of the U.S. Supreme Court ruling overturnin­g Roe v. Wade many states are moving to narrow access to abortion – the opposite of what is happening in many other countries.

“The overwhelmi­ng global trend has been towards the liberaliza­tion of abortion laws, with over 60 countries liberalizi­ng their laws in the past 30 years,” Mayall said. “In that same time frame, only four countries have removed legal grounds for abortion – the U.S., El Salvador, Nicaragua and Poland.”

According to the Center for Reproducti­ve Rights, only six European countries have highly restrictiv­e abortion laws and do not permit abortion on request or on broad social grounds. Those countries are: Andorra, Liechtenst­ein, Malta, Monaco, Poland and San Marino.

“Andorra, Malta and San Marino do not allow abortion at all,” the center’s report says. “Liechtenst­ein allows abortion only when a woman’s life or health is at risk or the pregnancy is the result of sexual assault. Monaco and Poland allow it only when a woman’s life or health is at risk, the pregnancy is the result of sexual assault or involves a severe fetal anomaly.”

Global time frames

There is an even more important factor to consider – Vos said Wisconsin was “way outside the internatio­nal bounds (emphasis ours)” and referenced France. But that’s only a partial view.

Internatio­nally, at least 75 countries allow abortion on request, with varying time frame limits, with the most common being 12 weeks.

So let’s look beyond Europe.

In many countries, as is the case in the United States, abortion limits differ by state or territory. For example, take Australia, where the on request gestationa­l limit in Victoria is nine weeks for medication abortion and 24 weeks for surgical abortion.

In New South Wales, Australia, the limit is nine weeks for a medical abortion and a surgical abortion is usually carried out between 7-12 weeks from the first day of a woman’s last period. However, abortions are generally available up to 20 weeks of pregnancy, according to Family Planning Australia.

A look at a selection of other countries finds wide ranging time frame limits, including 24 weeks in Columbia.

Additional internatio­nal time frame limits, in weeks, sometimes have a wide range depending on circumstan­ces of the abortion request such as fetal impairment, mental or physical health issues, sexual assault, incest, or socialecon­omic reasons.

Below are time frame limits for a selection of countries, some obtained from a 2017 report by the United Nations Department of Economic and Social Affairs:

● Argentina – 14

● Chile – 12-14

● Cuba – 12

● China – 14-18

● Botswana – 16

● Guyana – 16

● India – 24

● Iran – 16

● Japan – 22

● Kuwait – 16

● Mexico – 12-20

● Russia – 12-22

● South Korea – 24

● South Africa – 12-20

● Turkey 10-20

● Ukraine – 12-22

● Uruguay – 12-14

Our ruling

Vos said “The law in Wisconsin (on abortion time frame limit) is 20 weeks. That is way outside the internatio­nal bounds.”

The number of weeks are generally on target for Europe, where most EU countries are at 12 weeks. But there are exceptions to that, with EU time frames ranging from 10 to about 22 weeks.

And when we look outside Europe, a selection of countries in Asia, Africa, Middle East and Eastern Europe, we find time frames again starting at 10 weeks and going up to 24 weeks. So, internatio­nally Wisconsin is not so far outside the norm, as Vos claims.

In addition, even in Europe, there are many exceptions to the time frame limits which allow for abortions after the limits. And what’s more, the global trend is more toward relaxing the time limits, not tightening them – the opposite of what is happening here.

For a statement that contains an element of truth but ignores critical facts that would give a different impression, our rating is Mostly False.

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