Abortion Laws In Portugal: Understanding The Legal Landscape

Abortion laws in Portugal have undergone significant changes over the years, evolving from a history of illegality to a more liberalised approach. In 2007, a referendum resulted in the decriminalisation of abortion, allowing voluntary termination of pregnancy up to the 10th week of gestation in official health services. This change expanded women's access to abortion procedures, with specific circumstances permitting abortions beyond 10 weeks, including risk to the woman's health, fetal malformation, and cases of rape. While abortion is now legal in Portugal, the journey to this point was marked by referendums, political debates, and a shift in societal perspectives.

Abortion laws in Portugal were liberalised in 2007

Abortion laws in Portugal were liberalised on 10 April 2007, allowing women to have an elective abortion if their pregnancy has not exceeded ten weeks. This came after a referendum in February 2007, in which 59.3% of voters supported the liberalisation of abortion laws.

Prior to 2007, abortion was illegal in Portugal, except in specific cases such as serious maternal and foetal disease, rape, and crimes against sexual self-determination. In 1998, a referendum on the decriminalisation of abortion was held, but the result was not binding as only 31.9% of registered voters participated.

The 2007 referendum resulted in abortion being legalised up to the tenth week of pregnancy when performed in official health services. This change in the law expanded women's access to abortion procedures. Since 2007, abortion laws in Portugal have allowed women to terminate their pregnancies at their own request, as long as the procedure is carried out in official or accredited health services.

The process for obtaining a legal abortion in Portugal involves several steps. Firstly, a pre-abortion consultation is required, during which a health professional provides information and clarifies any doubts. This consultation must take place no more than five days before the abortion procedure. Following this, there is a mandatory three-day reflection period, during which women can seek psychological support and counselling if desired. The abortion procedure can then be carried out, either surgically or medicinally. Finally, a post-abortion consultation is scheduled for two to three weeks after the abortion to ensure the woman's physical and psychological well-being.

Abortions are allowed on-demand during the first ten weeks of pregnancy

Abortion laws in Portugal were liberalised on 10 April 2007, allowing elective abortions to be provided if a woman's pregnancy has not exceeded its tenth week. Abortions are allowed on-demand during the first ten weeks of pregnancy, as long as the procedure is performed in official or officially accredited health services in the country. This change in legislation came about after a referendum in 2007, in which 59% of voters backed reforming the law. This was a shift in opinion from a previous referendum in 1998, which resulted in a narrow "no" vote.

The law was ratified by President Aníbal Cavaco Silva, who recommended that measures should be taken to ensure abortion is the last resort. There is a mandatory three-day reflection period before the procedure, during which women can ask for psychological support and counselling, and the number of days can be extended if desired.

The abortion procedure in Portugal can be either surgical or medicinal, with the latter being the most common, accounting for around 70% of cases. Surgical abortions require a stay in the health unit for one morning or afternoon, while medicinal abortions involve a consultation for the first drug administration, with the second administration taking place at home or at the health service.

The number of abortions carried out in Portugal increased in the initial years after 2007 but has been steadily declining since 2011.

There is a three-day reflection period before the procedure

Abortion laws in Portugal require a three-day reflection period before the procedure can be carried out. This period is mandatory and serves as a "cooling-off" time for women to consider their decision and ensure they are making an informed and responsible choice. During these three days, women are encouraged to seek psychological support and counselling if desired, and this period can be extended beyond three days at the woman's request. This period is also an opportunity for healthcare professionals to provide relevant information and address any doubts or concerns the woman may have.

The three-day reflection period is a crucial aspect of the abortion law in Portugal, aiming to empower women to make a well-informed decision regarding their pregnancy. It is designed to give women time to carefully consider their options and ensure they feel confident and supported in their choice. This period also enables healthcare professionals to provide essential information about the different methods of termination, allowing women to choose the most suitable approach for their situation.

The reflection period is a mandatory step in the abortion process and must be respected before proceeding with the abortion procedure. It is intended to ensure that women have all the necessary information and support to make a decision that aligns with their personal circumstances and beliefs. During this time, women can explore their feelings and thoughts surrounding the termination, discuss their options with professionals, and make an informed choice.

The inclusion of the three-day reflection period in Portugal's abortion law demonstrates the country's commitment to ensuring that women's rights and well-being are at the forefront of the decision-making process. It provides an opportunity for women to reflect, seek support, and make a fully informed choice regarding their pregnancy. This period is designed to respect women's autonomy and ensure their physical and mental health is prioritised.

The mandatory three-day reflection period before an abortion procedure is a distinctive feature of Portugal's abortion law, emphasising the importance of informed consent and emotional support for women facing this difficult decision.

Abortions at later stages are allowed for specific reasons

Abortions at later stages are allowed in Portugal for specific reasons, and restrictions increase gradually at 12, 16, and 24 weeks. These reasons include:

• Risk to a woman's health, including mental health
• Rape and other sexual crimes
• Fetal malformation or serious fetal disease

In 1984, the Assembly of the Republic ruled that abortions could be legally performed in cases of serious maternal and fetal disease, rape, and sexual crimes. In 1997, a new law increased the period in which abortion could be conducted in cases of fetal malformation (from 16 to 24 weeks) and rape (from 12 to 16 weeks).

Since 2007, abortions have been permitted in Portugal at the woman's request up to the 10th week of pregnancy in official or officially accredited health services. However, abortions at later stages are still allowed under specific circumstances. For example, abortions can be performed at any time in cases of non-viable fetal situations.

The abortion law in Portugal outlines several requirements for abortions at later stages, including written consent from the woman, mandatory pre- and post-abortion consultations, and a minimum reflection period of three days between the pre-abortion consultation and the procedure.

Abortion remains a controversial subject in Portugal

In 1984, a new law permitted abortions in specific cases, such as mental or physical health reasons, rape, sexual crimes, and fetal malformation. This marked the first time in Portugal that abortion was exempted from punishment in certain situations. However, obtaining a legal abortion remained challenging due to a stricter interpretation of the law compared to neighbouring countries like Spain.

In 1997, the law was amended again to expand the period for abortion in cases of fetal malformation and rape. Despite these changes, abortion continued to be a contentious issue, with multiple media cases and a visit from a women's rights organisation keeping the debate alive.

The turning point came in 2007, when a referendum approved the liberalisation of abortion laws. This allowed elective abortions until the 10th week of pregnancy and was ratified by President Aníbal Cavaco Silva, who recommended that abortion be considered a last resort. The law also mandated a three-day waiting period before the procedure.

The implementation of the new law faced challenges, with many doctors refusing to perform abortions, citing a conscientious objection clause. Additionally, anti-abortion groups remained active, with one civic platform that promoted the "No" vote in the 2007 referendum later becoming a political party aiming to reverse the abortion law.

In 2015, a petition by a citizen's group called "Right to be Born" proposed several changes to the law, including requiring women to sign an echogram before being allowed to abort and ending the medical payment exemption for abortion. This led to heated discussions in parliament, with pro-choice campaigners arguing that such measures were designed to humiliate women.

While the 2015 bill was ultimately passed, it was later overturned in 2016 by the Portuguese Parliament, which reversed the mandatory counselling and medical payment requirements for women seeking abortions through the public health service.

Despite the legalisation of abortion in Portugal, it remains a divisive issue, with ongoing debates surrounding the accessibility and conditions under which abortions can be obtained.

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