CONSTITUTIONAL RIGHT TO ABORTION IN THE USA: LEGAL REGULATION

Abstract

The scientific article is devoted to the study of the legal regulation of the constitutional right to abortion in the USA and the analysis of the prospects for the regulation of this right in countries that take measures to restrict access to abortion, as well as the prospects for the development of the regulation of this right in Ukraine, taking into account the global trend of numerous restrictions on the right to abortion on the constitutional equal on religious and political grounds. The legal regulation of the abortion procedure in each US state is ana-lyzed. Attention is focused on the fact that the US government is taking measures to limit access to abortion, while the recommendations of the World Health Organization empha-size that access to abortion is one of the human rights, fundamental to ensuring health, should be available and appropriate provided in a way from the state. Constitutional restrictions on abortion have been found to create barriers to access to safe, quality abortions and lead to increased maternal mortality and morbidity, as well as human rights violations. In this regard, there is an urgent need to take into account the rec-ommendations of the WHO and implement the recommendations for the full implementa-tion of the right to access to abortion, in order to ensure respect for human rights in all states. It was found that it is necessary to urgently create an environment that will ensure a person's access to a high-quality abortion; providing accessible, reliable and accurate infor-mation about abortion; a favorable, universally accessible and well-functioning health care system; respect for human rights, including the legal and political framework for imple-mentation. It has been established that the following legislative and political measures are appro-priate to improve access to abortion care: full decriminalization of abortion; access to medi-cal abortion to increase universal access to abortion care; repealing laws and by-laws re-stricting abortion for reasons that prohibit late-term abortions and require mandatory wait-ing periods; the possibility of termination of pregnancy at the request of a woman, girl or other pregnant person without the permission of another person, body or institution; re-pealing provisions that limit who can provide and perform abortions that are contrary to WHO recommendations; protecting access to abortion from restrictions imposed by aspects of conscience.