The impact of mandatory waiting periods on abortion-related outcomes: a synthesis of legal and health evidence

Abstract

This review follows an established methodology for integrating human rights to address knowledge gaps related to the health and non-health outcomes of mandatory waiting periods (MWPs) for access to abortion. MWP is a requirement imposed by law, policy, or practice, to wait a specified amount of time between requesting and receiving abortion care. Recognizing that MWPs “demean[] women as competent decision-makers”, the World Health Organization recommends against MWPs. International human rights bodies have similarly encouraged states to repeal and not to introduce MWPs, which they recognize as operating as barriers to accessing sexual and reproductive healthcare. This review of 34 studies published between 2010 and 2021, together with international human rights law, establishes the health and non-health harms of MWPs for people seeking abortion, including delayed abortion, opportunity costs, and disproportionate impact. Impacts on abortion providers include increased workloads and system costs.

Avortement au Maroc et virage au drame : femmes et professionnels de santé en parlent ! Une étude transversale mixte à Agadir

“… 5 Il peut entraîner des complications physiques et mentales ainsi qu’une charge sociale et financière pour les femmes, les communautés et les systèmes de santé. 36 Pourtant, l’avortement ne reste que partiellement inscrit à l’agenda des politiques de santé, et les recours et les modalités d’accès aux services d’avortement dans les structures sanitaires s’en trouvent fortement influencés.…”

“… 5 It can lead to physical and mental complications as well as being a social and financial burden for women, communities, and healthcare systems. 36 However, abortion only partially appears on the health policy agendas, and access to abortion services in healthcare facilities is strongly influenced by these policies.…”

The WHO abortion care guideline: Law and policy—Past, present, and future

“…The reviewed evidence for these interventions again focuses on their dysfunction, which like regulation by legal grounds or time limits, is associated with little health or social benefit and significant harm. Based on 33 studies, all in the USA, mandatory waiting periods by design delay access to care, but there is also a follow‐on impact, including economic hardship and privacy breaches related to the logistical burdens of waiting for care 26 . Most significantly, abortion care delayed is abortion care denied, as the burdens of waiting periods prove insurmountable for those without the social resources to overcome them, making these laws in effect prohibitions on care.…”