Abortion and reproductive health rights

In Clubb v Edwards; Preston v Avery (2019), the High Court of Australia considered whether "safe access zone" laws in Victoria and Tasmania (which prohibit certain communications and protests about abortion within 150 metres of abortion clinics) impermissibly burden the implied freedom of political communication under the Australian Constitution.

The appellant challenged section 9(2) of the Tasmanian Reproductive Health (Access to Terminations) Act 2013 which prohibits protests that can be seen or heard within 150 meters of an abortion clinic. The appellant was convicted under the Act after standing on a street corner within the protest zone, holding placards with depictions of fetuses and statements about the “right to life.” He sought review of the conviction on the grounds that the law impermissibly burdens the freedom of communications on governmental and political matters, a right implied in the Australian Constitution.

Under Virginia law, it is a Class 4 felony to cause the destruction of an unborn child, abortion, or miscarriage through medical procedure, drugs, or other means.

This Virginia law provides the judges of the juvenile and domestic relations district court jurisdiction over petitions filed by a juvenile seeking judicial authorization for a physician to perform an abortion if a minor elects not to seek permission from an authorized person.  This statute further specifies that after a hearing, a judge can issue an order authorizing a physician to perform an abortion, without the consent of any authorized person, if the judge finds that (i) the minor is mature enough and well enough informed to make her abortion decision, in consultation with her phy

The Italian Penal Code prohibits domestic violence (art. 572), female genital mutilation (art. 583), personal injury aggravated by permanent deformation or scarring of the face (art. 583 quinquies), harassment (art. 612 bis), the crime of illicit diffusion of sexually explicit images or videos without the consent of the persons represented (so-called revenge porn) (art. 612 ter). Punishable crimes against a person's freedom also include slavery and forced prostitution (art. 600), human trafficking (art. 601), sexual acts coerced through violence, threats, or abuse of authority  (art.

Article 19 of the Argentine Civil and Commercial Code provides that legal existence begins at conception. Article 20 establishes a rebuttable presumption that pregnancy lasts no more than 300 days and no fewer than 180 days, not counting the day of birth. Article 21 states that the rights and obligations of a conceived or implanted person vest irrevocably if the child is born alive. If the child is not born alive, the law treats the person as never having existed. The law presumes live birth unless proven otherwise.

Articles 558 through 564 of the Civil and Commercial Code define the methods that establish parentage and describe parentage via medically assisted reproduction. In Argentina, parentage can be established via natural birth, via medically assisted reproduction, or via adoption (Article 558). The government must not label or differentiate birth certificates by parentage method (Article 559).

Spain criminalizes certain behaviors contrary to gender justice, such as the practicing of abortions without the patient’s consent, and female genital mutilation. In particular, Article 149 criminalizes female genital mutilation, establishing a penalty of six to twelve years in prison. Article 173 criminalizes the habitual physical or psychological violence exercised against a spouse or partner, punished with a penalty of six months to three years of prison (regardless of the penalty for any specific acts of violence that may have occurred).

The 2000 Venezuelan Penal Code contains key provisions on domestic violence, reproductive rights, sexual crimes, and family-related offenses. On domestic and intimate partner violence, Article 375 criminalizes physical or psychological violence within the household, protecting spouses, partners, and other family members. Regarding abortion, Article 432 criminalizes it with 6 months to 2 years’ imprisonment for the woman and 12 to 30 months for the provider. Article 435 establishes an exception when the procedure is performed to save the woman’s life.

Several Articles in the Penal Code of Cuba criminalize unauthorized abortion and impose penalties under specified circumstances. Article 355.1 of the Penal Code establishes penalties for causing an abortion or destroying “the product of conception” with the consent of the pregnant woman outside legally authorized circumstances. The penalty is six months to one year imprisonment, a fine of one hundred to three hundred quotas, or both.