Will the text be adopted before the end of the five-year term? The government pledged, Monday, December 6, to include on the agenda of the Senate the bill “aimed at strengthening the right to abortion” in France. The text provides in particular to extend by two weeks the legal deadline for the voluntary termination of pregnancy (abortion). For the deputy Albane Gaillot, co-rapporteur of the law, this development would allow France to be “finally in the European average” in terms of access to abortion.
What exactly is the situation with our neighbors? Which countries authorize abortion and under which conditions? Franceinfo takes stock of access to abortion in Europe, with infographics to support it.
Six countries have not legalized abortion
Of the 49 European states and territories studied by franceinfo, 43 have legalized voluntary termination of pregnancy. The latest is San Marino, whose population approved the measure in a referendum at the end of September. More than 40 of these countries recognize abortion without conditions. “This means that it is not mandatory to obtain a certificate from a doctor or other professional to justify an abortion, explains the feminist NGO Center for Reproductive Rights *. The final decision to terminate or continue a pregnancy rests with the pregnant woman alone. “
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Two other states, the United Kingdom and Finland, allow abortion on the “basis of socio-economic criteria”, recalls the European branch of the International Family Planning Federation (IPPF-EN) in an atlas published in September *. Thus Finnish law “authorizes abortion before 17 years or after 40 years, after four children or because of economic, social or health difficulties”, specifies All of Europe. “In practice, the law is applied in these countries so as to guarantee the right of women to decide and a very wide access to abortion”, nuance with franceinfo Irene Donadio, of IPPF-EN. Finland and the United Kingdom are thus among the three best-rated states in the atlas produced by the organization, which assesses access to abortion in Europe.
To date, six territories have not legalized voluntary termination of pregnancy. In Gibraltar, Monaco, Poland and Liechtenstein, access to abortion is extremely restricted. All authorize it in the event of a risk to the health or life of the mother. But Liechtenstein and Poland prohibit it in the event of fetal malformation, unlike Monaco and Gibraltar. The British enclave also does not allow termination of pregnancy for rape or incest, a requirement under the law of the other three states. Andorra and Malta are the only two states in Europe where abortion remains completely illegal, whatever the circumstances, the consequences on health or the chances of survival of the fetus and the mother.
The legal deadline for an abortion is on average twelve weeks
In Europe, the threshold for performing an abortion is on average around the first trimester: 26 states have set the limit at twelve weeks since the last menstruation (amenorrhea), or ten weeks of pregnancy. In France, the deadline is currently fourteen weeks of amenorrhea (and could increase to sixteen weeks if the law “aimed at strengthening the right to abortion” is adopted). The countries with the longest delays are the United Kingdom and the Netherlands (24 weeks of amenorrhea), Iceland (22 weeks) and Sweden (18 weeks).
These 43 countries provide for “exceptions” to these limits, in particular in the event of fetal malformation or risk to the health or life of the mother, underlined the IPPF-EN in 2019 *. Some also allow a later abortion in the event of pregnancy resulting from rape or incest (up to 16 weeks in Portugal, 19 in Cyprus or 22 in Denmark).
Feminist associations are nevertheless calling on governments to push back the legal limit for abortion beyond the average of 12 weeks, and not only for these exceptions.“When applied restrictively, short legal deadlines can be particularly harmful for adolescent girls or women from marginalized communities,” points out a report by the Center for Reproductive Rights *, published in the spring.
“This does not take into account pregnancies discovered late because of a denial, a pathology or a situation of disability, supports Irene Donadio of IPPF-EN. Women can also find themselves in very complex situations, of domestic violence or sudden loss of income, which can occur after the first trimester. “ Short deadlines can thus force women to go abroad to access abortion, or to have an abortion at home. “outside the framework of the law or by exposing oneself to legal proceedings”, insists the Center for Reproductive Rights.
In practice, there are many obstacles to access to abortion
There may exist “a significant gap between what the law provides and the reality of access to abortion”, warns Irene Donadio of IPPF-EN. The organization thus lists a series of factors that restrict the ability of women to exercise this right * in Europe: the non-reimbursement of care (medical act or preliminary examinations), which “particularly penalizes” women with low incomes, living in rural areas or without papers; the obligation to observe a period of reflection before proceeding with the abortion, a measure considered unnecessary and stigmatizing by the World Health Organization (WHO); or the lack of clear and accurate information on abortion provided by the authorities.
Another obstacle to access to abortion is the conscience clause, which allows caregivers to refuse to perform a medical act because of their moral convictions or their beliefs. Some 23 European countries or territories, including France, thus provide for a specific provision for abortion, according to the count made by franceinfo using data from the IPPF-EN. Other states have a broader conscience clause, which can be applied to abortion. To date, only Finland, Lithuania and Sweden do not allow caregivers to refuse to perform abortion.
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On average, 10% of doctors use this clause in Europe, reports the site All Europe. But the situations are “very disparate between states, or even between two regions within the same country”, observes Irene Donadio. In 2016, the Italian Ministry of Health counted nearly 71% of doctors “conscientious objectors”, according to the European Data Journalism Network. This rate climbed to almost 79% in the Rome region and to 86% in Puglia, in southern Italy. “The problem is the lack of measures put in place by the executive to compensate for these difficulties in accessing healthcare, laments Irene Donadio. Again, vulnerable, low-income or marginalized women are particularly affected. “
Feminist associations also recall that the very recognition of abortion is regularly “threatened”, including in Europe. In Slovakia, conservatives have tabled 11 bills in two years to restrict access to abortion, revealed Release in 2020. “A similar initiative took place in Spain in 2014. This fall, a bill was introduced in the Polish parliament aimed at completely banning abortion, which would be punished by 25 years’ imprisonment, insists Irene Donadio. Citizens and governments alike must therefore remain vigilant in the face of constant attempts to erode women’s rights and access to abortion. “
* Links marked with asterisks refer to content in English.