ABORTION IN ITALY - PowerPoint Presentation

Slide1

ABORTION IN ITALY and Law No. 194 of 22 May 1978

How the italian law regulated the voluntary termination of pregnancy

Virginia MatteucciSlide2

ITALIAN LAW SINCE 1975BOOK

II TITLE X of italian penal code punished CRIMES AGAINST THE INTEGRITY AND HEALTH OF THE RACEIn particular, the article 546 PROHIBITED ALL ABORTIONSSlide3

ARTICLE 546 pcWhoever

provides, with her consent - a woman's abortion, will be punished with reclusion from 2 to 5

years

.

Same

punishment

will

be

applied

to the woman

w

ho

gave

consent

to the

abortion

.Slide4

The only case where

abortion wasn't punishable

ARTICLE 54 pc:

STATE OF NECESSITY

ABORTION

IS POSSIBLE ONLY IF THERE IS

A

CURRENT

and

IMMINENT

DANGER

MEDICALLY

CERTIFIED

of a

SERIOUS

and

IRREPARABLE DAMAGE

for the womanSlide5

N.B. CURRENT

DANGER  not potential, but a PRESENT, REAL and TANGIBLE danger SERIOUS

and

IRREPARABLE

DAMAGE



SERIOUS

or

PERMANENT

invalidity

or

incapacity

or A

REAL

THREAT

to the

mother’s

LIFESlide6

TURNING POINT FOR ABORTION IN ITALY

Decision of the Italian Constitutional Court (no. 27 of 18th february 1975) article 546

is

UNCONSTITUTIONALSlide7

WHY?Because

it prohibited all abortions, even if the woman had consented to it to

PROTECT HER PHYSICAL, MENTAL and SOCIAL WELL-BEING

because

of a

serious

danger

but

not

IMMINENT (so

without

the

conditions

to

apply

art 54 - state of

necessity

)Slide8

Constitutional judges said that this

article was in contrast with italian constitutional principlesArt

31

Cost



The Republic

protects

mothers

,

children

and the

young

by

adopting

necessary

provisions

.

Art

32

Cost



The

Republic

safeguards

health

as

a

fundamental

right of the

individual

.Slide9

MOST IMPORTANT PRINCIPLE STATEDBY CONSTITUTIONAL COURT

MOTHER’S HEALTH AND LIFE AND FOETUS’ HEALTH AND LIFE ARE NOT AT THE SAME LEVEL Slide10

WHY?Because

Mother’s health and life are real and actual

facts

.

Foetus

’ life

is

a

chance

more

than

a

fact

,

it’s

not

a concrete,

fulfilled

life

.Slide11

LAW 194/1978

In the wake of the judgment of the Constitutional Court, the Italian Parliament adopted Law No. 194 of 22 May 1978 on the

social

protection

of

motherhood

and the

voluntary

termination

of

pregnancy

.Slide12

The main principle behind this law is

the principle stated by Constitutional Court in 1975:Mother’s life and foetus’ life are compared: woman’s life and health are tangible and

real

facts

,

foetus

’ life

is

a

chance

.Slide13

“VOLUNTARY TERMINATION OF PREGNANCY”: HOW IS IT REGULATED?

Pregnancy and motherhood are considered in three different ways as a source of danger for mother’s health and life,

in relation with the

foetal

developement

:

PREGNANCY

DURING

THE FIRST 90

DAYS

PREGNANCY

AFTER

THE FIRST 90 DAYS

WHEN IT IS POSSIBILE THAT THE FOETUS

MAY BE VIABLE

(=

foetus

is

able

to

survive

outside

the

uterus

)Slide14

VTP DURING THE FIRST 90 DAYS (ART 4 L. 194/78)

In order to practice the VTP during the first 90 days, women whose situation

is

such

that

continuation

of the

pregnancy

,

childbirth

, or

motherhood

would

seriously

compromise

their

physical

or

mental

health

, in

view

of

their

state of

health

,

their

economic

, social, or family

circumstances

, the

circumstances

in

which

conception

occurred

, or the chance

that

the

child

would

be

born

with

abnormalities

or

malformations

,

shall

apply

to a public

counselling

centre or to a

fully

authorized

medicosocial

agency in the

region

, or to a

physician

of

her

choice

.Slide15

MAIN FEAUTURES OF THIS REGULATION:

It has to exist a SERIOUS DANGER FOR THE MOTHER’S PHYSICAL OR MENTAL HEALTH (Serious = reasonable, logical)It’s

not

necessary

that

this

serious

danger

is

related

with a SANITARY FACTOR.

This

danger

could

be

caused

also

by

ECONOMIC, SOCIAL, OR FAMILY CIRCUMSTANCES

.

OR

CIRCUMSTANCES IN WHICH CONCEPTION OCCURRED

(

violence

, rape,

incest

)

THE

CHANCE

THAT THE CHILD WOULD BE BORN WITH ABNORMALITIES OR MALFORMATIONS.



It’s

not

necessary

that

these

abnormalities

have

been

diagnosed

.

It

is

sufficient

that

there

is

a

reasonable

chance

that

the

foetus

is

going

to

have

some

abnormalities

of

malformations

. Slide16

Why this regulation

during the first 90 days?Foetus’ life is a chance BUT it’s

not

A CERTAIN FACT

.

During

the first 90

days

the

termination

of

pregnancy

isn’t

too

dangerous

for the

women

Physically

and

psychologically

less

traumaticSlide17

VTP AFTER THE FIRST 90 DAYS (ART 6 L 194/78)

Voluntary termination of pregnancy may be performed after the first 90 days:

when

the

pregnancy

or

childbirth

is

a

serious

threat

to the

woman’s

LIFE

when

the

pathological

processes

constitute

a

serious

threat

to the

woman's

physical

or

mental

health

,

such

as

those

associated

with

serious

abnormalities

or

malformations

of the

foetus

,

have

been

diagnosed

.Slide18

MAIN FEAUTURES OF THIS REGULATION:

The most important difference between this article and the 4th is that here physicists

have

to

DIAGNOSE

the

pathological

process

that

cause the

SERIOUS THREAT TO THE WOMAN’S

HEALTH

.

The

main

reason

of

this

legislative

provision

is

that

here

the

foetus

is

OLDER

, and the

pregnancy

is

more

likely

to

carry

successfully

to

term

.

The

abortion

is

more

dangerous

for the woman, and the

foetus

has

more

rights

then

in the case of

abortion

during

the first 90

days

.Slide19

VOLUNTARY TERMINATION OF PREGNANCY WHEN IT IS POSSIBLE THAT THE FOETUS MAY BE VIABLE

When it is possible that the fetus may be viable, pregnancy may be

terminated

only

in the case

referred

to in item 

a)

 of

Article

6

, and the

physician

performing

the

termination

shall

take

any

appropriate

action

to

save

the life of the

foetus

.

So

it

is

possible

ONLY IF

the

pregnancy

or

childbirth

is

a

serious

threat

to the

woman’s

LIFE

Physicians

have

to take

any

appropriate

action

to

save

foetus

’ life.Slide20

AND WHAT ABOUT...?PERMISSIONS

The father does not need to give his authorisation for the termination.If the

pregnant

person

is

a

under 18

years

of

age

,

she

must

have

the

consent

of

either

parents

or

guardians

, or the

decision

can be

deferred

to a

judge

.Slide21

THE PROCESSOnce the decision is made to terminate a pregnancy, the

physician must issue a certificate of consent, sign it and ensure the pregnant woman signs it. Except for

urgent

cases

,

there

is

a

seven-day

period

of

reflection

before

the

termination

can be

carried

out.Slide22

THE CONSCIENTIOUS OBJECTION (art 9 L 194/78)

The possibility for any physician to refuse  to performe abortions because of

religious

or

ethical

reasons

. Slide23

Art 9 of L.194/78

Health personnel shall not be required to assist in the procedures referred to pregnancy

terminations

if

they

have

a

conscientious

objection

,

declared

in

advance

.

The

objection

may

be

withdrawn

at

any

time

Conscientious

objection

shall

exempt

health

personnel

from

carrying

out

procedures

and

activities

specifically

and

necessarily

designed

to

carry

out the

termination

of

pregnancy

, and

SHALL NOT EXEMPT THEM

from

providing

care

BEFORE and AFTER the

termination

.

Conscientious

objection

may

not

be

invoked

by

health

personnel

if

their

personal

intervention

is

essential

in

order

to

save

the life of a woman in

imminent

danger

.Slide24

IS THE ITALIAN LAW FLAWLESS?

On paper, Italy’s law on abortion seems flawless – but reality is much different.

The

most

obvious

loophole

is

that

of

conscientious

objection

.

As

a

result

,

while

Law 194

grants

women

 the right to a

safe

abortion

,

doctors

are

also

allowed

to

refuse

performing

it

.Slide25

In

several italian regions, conscientious

objectors

are

80 – 85%

of the

medical

personnel

qualified

to

perform

abortions

.Slide26

Council of Europe raps Italy over difficulty in

obtaining abortionsThe Council of Europe started to analyse the italian case from a complaint done by

the CGIL,

Italy's

biggest

trade

union

,

which

said

that

the high

number

of

conscientious

objectors

has

made

abortion

extremely

difficult

for some

women

who

want

to

get

access

to the procedure

.

Women

seeking

an

abortion

are

sometimes

forced

to go

elsewhere

in

Italy

or

abroad

, or bypass the

authorities

to

get

a

termination

.

The

Council

said

that

“

t

hese

situations

may

involve

considerable

risks

for the

health

and

well-being

of the

women

concerned

,

which

is

contrary

to the right to the

protection

of

health

”Slide27

Silvana Agatone, a 62-year-old gynecologist in Rome and the founder

of L.A.I.G.A, an italian organization that provides information on how and where to get an

abortion

40% of the

italian

public hospitals

DON’T PRACTISE

TERMINATIONS OF PREGNANCY,

because

they

don’t

have

non-

objectors

doctors

working

there

.

In

most

cases

, non-

objectors

doctors

are

working

in a negative cultural

climate

A case in Campania:

after

a first

termination

of

pregnancy

a nurse

refused

to

clean

and

sterilize

medical

instruments

to

block

other

abortion

surgeries

.

Objection’s

abuse

that

become

a

real

boycottSlide28

What solutions?

Minister of Health just collect data about the number of abortions  Italy

should

make

some

studies

about

the

real

abortions

’

demand

to

see

if

it

is

satisfied

or

not

.

Italy

have

to

save

some

places

for non-

objector

doctors

to be

sure

to

have

medical

personnel

qualified

to

perform

abortions

in

each

public hospital.