The decision of the Supreme Court in the United States to revoke the constitutional right to abortion sent shock waves around the world. Canadian Prime Minister Justin Trudeau, for example, lamented a new “horrible”, while in France the Renaissance group (ex-LREM) announced, Saturday, June 25, the filing of a bill to include the right to abortion in the Constitution. From one country to another, the laws can be very different on this question. Overview.
In Poland, the‘one of the most restrictive laws in Europe
Abortion is almost prohibited. There are two exceptions. If the mother’s life is in danger or if the pregnancy is the result of rape or incest. Until recently, a third exception authorized abortion in the event of malformation of the fetus, but the latter was abolished by the Polish constitutional court in October 2020. This judgment prompted hundreds of thousands of people to take to the streets throughout the country. Since then, at least two young mothers have died because doctors were afraid to perform an abortion while the fetus was still alive when there was a serious risk to the health of their mothers. So much so that today, a Polish woman wishing to have an abortion must do so clandestinely or undergo the operation abroad.
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As long as the ultra-conservative PiS backed by the powerful Polish church are in power, the chances of seeing a relaxation of the right to abortion are almost nil. Just last week, a bill legalizing abortion up to the 12th week was rejected by a large majority at its first reading in the Polish parliament. Paradoxically, according to several polls, around two thirds of Poles are in favor of this liberalisation. But at the same time, pro-life activists who have obtained a ban on abortion in the event of fetal malformation now announce that they want to fight so that abortion is also prohibited even if the pregnancy is the result of a rape or incest.
In Spain, abortion possible up to 14 weeks of pregnancy
Spain has been at the forefront of the fight for women’s rights for fifteen years, particularly on sexist violence. For abortion, the legislation was reformed more than 10 years ago. It is now possible to abort freely before 14 weeks. The reform dates from 2010. Until that date, abortion was only possible in three cases: in the event of rape, in the event of malformation of the fetus or in the event of a serious risk to the physical or mental health of the woman. In practice, the mental health risk was the justification for 90% of cases and actually functioned as a de facto legalization of abortion.
Since 2010, women no longer have to justify their decision. They can abort up to 14 weeks. The law simply specifies that they must be informed of the existing maternity support measures and that a minimum period of three days must occur between this information and the intervention.
AUDIO▶ Spain will strengthen the right to abortion and introduce leave for painful menstruation
It’s in Un monde d’avance, to listen to here https://t.co/3aDaA6LuaI pic.twitter.com/dCqT8sVEsb
— franceinfo (@franceinfo) May 17, 2022
And yet, we cannot say that this question has a consensus within the political class. To begin with, the conservative government of Mariano Rajoy in its time developed the reform of its socialist predecessors, essentially to restore the obligation of parental consent for young women aged 16 and 17. And the current government, that of Pedro Sánchez, on the left, wants to once again facilitate access to abortion for minors and also eliminate the preliminary information appointment.
Beyond the reforms and counter-reforms, the pro-life lobby is well organized in Spain. It regularly organizes demonstrations, such as Sunday June 26 in Madrid. It also enjoys wide coverage. Monday, a photo of this demonstration, which was far from a human tide, covers for example three quarters of the front page of the right-wing daily ABC.
In the Netherlands, the abolition of the reflection period
Abortion has been legal since 1984 in the Netherlands. A woman can abort up to 24 weeks of pregnancy. It is one of the longest delays in Europe with Great Britain. Many patients from neighboring countries therefore choose to use it in the Netherlands. On average 400 Belgian women per year travel to the country to terminate their pregnancy beyond the legal 12 weeks in Belgium. The Netherlands also has one of the lowest abortion rates on the continent. This is explained by culture, access to means of contraception and sex education given without false modesty at secondary school.
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The Netherlands go further by removing the constraint of the cooling-off period for carrying out the act. A five-day delay was mandatory between a first appointment with a doctor and the actual abortion. But the lower house of parliament voted to abolish this cooling-off period last February. Objective: to guarantee greater freedom of decision to women.
The Senate confirmed the vote a week ago. A termination of pregnancy can now be carried out on the day of the first consultation. This amendment “does justice to the autonomy of women and their right to self-determination”underlines the Parliament.