Abortion Law In Italy: Understanding The Legal Landscape

Abortion law in Italy has been a topic of debate for many years, with the country's legislation changing over time. In 1978, Italy passed a law that legalised abortions, allowing women to terminate their pregnancies during the first 90 days or 12 weeks for various reasons, including health, economic, social, or familial concerns. This law, known as Law 194, also established a surveillance system to monitor legal abortions and provided for counselling centres to assist pregnant women. However, the influence of the Catholic Church and shifting political landscapes have continued to shape abortion access and reproductive rights in Italy.

Abortion law history in Italy

Abortion in Italy was legalised in May 1978, when Italian women were permitted to terminate a pregnancy on request during the first 12 weeks. The law, passed against the will of the Christian Democrat party and the Vatican, is the most liberal in Western Europe.

Before the law was passed, abortion was considered a crime against the integrity and the bloodline, as stated in the Criminal Code book 2 Title X. Article 546 prohibited all types of abortions, with penalties of 2-5 years in prison. The only exception was a "state of necessity", which entailed a current and imminent danger to the woman.

The turning point for the abortion debate was decision number 27 of the Italian Constitutional Court on 18 February 1975, which stated that Article 546 was unconstitutional. The Court ruled that Article 546 was contradicted by Article 31 of the Italian Constitution, which "protects maternity, infancy and youth, promoting the institutions necessary thereto".

In the early 1970s, two bills originating from the radical left aimed to legalise therapeutic abortion. These bills did not reach the discussion stage before the dissolution of parliament and the calling of new elections. After the 1976 election, the pro-abortion majority was committed to legalisation, and nine different bills were presented from June 1976 until April 1978. Finally, a bill was passed and published on 22 May 1978.

The influence of feminism was also significant in the abortion debate. From the end of the 1960s, feminist groups united to fight for abortion rights, with mass mobilisation taking place between 1974 and 1976.

Since the legalisation of abortion in 1978, there has been a steady decline in the number of abortions performed in Italy. In 1982, there were 234,000 abortions performed, while in 1999, this number had dropped to 139,000. This represents a decline of 42% in the abortion rate and 30% in the abortion ratio over a 15-year period.

Abortion law provisions

Abortion in Italy was legalised in May 1978, and women were allowed to terminate a pregnancy on request during the first 12 weeks. The Italian Senate passed the law against the will of the Christian Democrat Party and the Vatican, and it is considered the most liberal abortion law in Western Europe.

The law, known as Law 194, allows for abortion on request in the first 12 weeks of pregnancy, or later if the woman's health or life is in danger. It also permits termination in the second trimester if there is a grave danger to the woman or deformation of the fetus. The law sets out provisions for women to request an abortion for health, economic, social, family, or psychological reasons.

To obtain an abortion during the first 90 days of pregnancy, a woman must apply to a public counselling centre, a fully authorised medical-social agency, or a physician of her choice. The woman must provide a certificate attesting to the state of her pregnancy, which can be obtained from her general practitioner, a private physician, or a public maternal-child health clinic. If termination is deemed urgent, it may be performed immediately. If a request is denied, the woman can make another request after seven days.

The law also outlines the responsibilities of counselling centres and medical-social agencies. They are required to provide the necessary medical examinations and counsel the woman on possible alternatives to abortion. If the woman still wishes to terminate her pregnancy, the physician will issue a certificate of urgency, and the procedure can be carried out at an authorised establishment.

In cases where termination is not deemed urgent, the physician will issue a document signed by themselves and the woman, attesting to the pregnancy and the request for termination. After a waiting period of seven days, the woman can present this document to an authorised establishment to have the procedure carried out.

The law also addresses the role of healthcare personnel and their right to conscientious objection. Physicians who object on moral grounds must declare this in advance and register as conscientious objectors. However, they are still required to provide care to women before and after an abortion and cannot deny a woman access to the procedure in cases of imminent danger to her life.

Law 194 also includes provisions for minors under 18 years of age. Parental consent is required for abortion, but if there are serious reasons why consent cannot be obtained, or the legal guardian refuses, the minor can request the intervention of a judge. The judge must make a decision within five days of the request. Additionally, parental consent is not required for minors in urgent situations or after 90 days of pregnancy.

The law also covers the voluntary termination of pregnancy after the first 90 days. Termination is permitted if the pregnancy or childbirth poses a serious threat to the woman's life or if there are serious abnormalities or malformations of the fetus that endanger her physical or mental health. In such cases, the procedure must be performed by a physician in the department of obstetrics and gynaecology of a general hospital.

The Italian government is responsible for submitting an annual report to Parliament on the implementation and effects of the law, including references to the prevention of abortion.

Abortion law and conscientious objection

Abortion was legalised in Italy in 1978, allowing women to terminate their pregnancies during the first trimester (the first 90 days of gestation) for health, economic, social, familial, or psychological reasons. After this period, abortions are only permitted if the mother's life or health is at risk or if there are serious foetal pathologies.

The law permits physicians to register as conscientious objectors and refuse to perform abortions based on religious or moral beliefs. While conscientious objectors are not permitted to deny a woman care before and after her abortion, their prevalence has been shown to limit abortion access, particularly at a local level. This has resulted in longer waiting times and women travelling to other cities or regions, or even abroad, to access abortion services.

In Italy, around 70% of gynaecologists are registered as conscientious objectors, with some regions reporting even higher percentages. For example, in Molise, 93% of gynaecologists are conscientious objectors, while in Sicily and Lazio, this figure exceeds 80%. This has led to concerns about the impact on women's health and rights, with the social rights committee of the Council of Europe stating that women's rights are being violated in Italy due to limited access to safe abortion services.

The high number of conscientious objectors has been attributed to various factors, including the influence of the Catholic Church, the stigma associated with abortion, and career-related disadvantages for non-objecting physicians. Some have suggested that the legislator in 1978 could not have anticipated such a high rate of conscientious objection, and that this has resulted in constrained access to abortion services.

Abortion law and immigrant women

Italy's abortion law, passed in 1978, allows women to terminate a pregnancy on request during the first 90 days of gestation. This law applies to all women, including immigrants, who are eligible to request an abortion for health, economic, social, or familial reasons.

Since the law was passed, there has been an increase in the number of abortions requested by immigrant women. Among the 138,357 abortions performed in 1993, 13,826 (10%) involved foreign residents, an increase from 9,850 in 1996. This increase is likely due to the rising number of immigrant women in Italy. According to the National Statistics Institute (ISTAT), resident permits for immigrants increased from 678,000 in 1995 to 1,100,000 in 1999.

Based on ISTAT estimates of the population of immigrant women aged 18-49, the abortion rate for immigrant women was 28.7/1000 in 1998, approximately three times higher than that of Italian citizens. This increase in the number of immigrant women may be the main cause of the levelling-off of the abortion rate in Italy.

While the law applies to all women, including immigrants, there may be additional challenges for immigrant women seeking abortions in Italy. Language barriers, cultural differences, and a lack of familiarity with the healthcare system may make it more difficult for immigrant women to navigate the process of requesting and obtaining an abortion.

Additionally, social and economic factors may also play a role. Immigrant women may have less access to reproductive health services, family planning resources, and social support systems, which could impact their ability to access abortion services.

Furthermore, the process of obtaining an abortion in Italy typically involves interacting with healthcare professionals, such as general practitioners, private physicians, or public maternal-child health clinics. Immigrant women may face additional barriers in accessing these services, such as discrimination, cultural misunderstandings, or a lack of interpretation services.

It is important to note that the abortion law in Italy allows for abortions beyond the 90-day mark if there are serious fetal abnormalities or if the mother's life or health is at risk. This "therapeutic" abortion option is available to all women, including immigrants, but the process for obtaining such an abortion may be more complex and involve additional medical evaluations and approvals.

Overall, while Italy's abortion law applies equally to immigrant women, there may be unique challenges and barriers that they face in accessing abortion services, which could impact their ability to exercise their legal right to abortion.

Abortion law and the Catholic Church

Abortion in Italy has been legal since 1978, when the Legge 194 law was passed. This law allows women to receive abortions during the first 90 days of pregnancy, after getting counselling in a public medical facility. Beyond 90 days, abortion is permissible when the pregnancy or childbirth poses a serious danger to the woman's life or when there are serious abnormalities or malformations of the fetus that would cause a serious threat to the physical or mental health of the woman.

The Catholic Church in Italy has had a significant influence on the country's abortion laws and continues to be a prominent opponent of abortion. The Church's official teachings, as promulgated by Pope John Paul II in 1992, oppose all forms of abortion procedures that aim to destroy a zygote, blastocyst, embryo or fetus. The Church holds that "human life must be respected and protected absolutely from the moment of conception" and that a human being has the "right to life" from the "first moment of his existence".

Canon 1397 §2 of the 1983 Code of Canon Law imposes automatic excommunication on Latin Catholics who procure an abortion, if they fulfill the conditions for being subject to such a sanction. Eastern Catholics are not subject to automatic excommunication but are to be excommunicated by decree if found guilty of the same action. The Church also generally makes public statements and takes actions in opposition to the legality of abortion.

Despite the Church's official stance, many Catholics hold views on abortion that differ from its official position. A range of opinions exist, from anti-abortion positions with some exceptions to acceptance of the general legality and morality of abortion. A correlation has been observed between Mass attendance and agreement with the Church's teaching on abortion, with frequent Mass-goers more likely to be anti-abortion.

The influence of the Church on abortion laws in Italy has waxed and waned over time. In 1975, the Italian bishops' conference issued a document reiterating traditional Catholic teaching on abortion but also indirectly critiquing the Fascist-era concept of abortion as a crime against the integrity of race or lineage. This was followed by national elections in 1976, which brought about significant gains for the Communist Party due in part to Catholic voters, and ended the anti-abortion majority in Parliament. As a result, a consensus bill on abortion was drafted and passed in 1978, despite opposition from the neo-fascist party and the Christian-Democratic party, which was composed mostly of Catholics.

In 1981, a referendum that included two questions on abortion was put to Italian voters. One question, proposed by the Movement for Life (a largely Catholic organisation), called for the repeal of Legge 194 and was rejected by 68% of voters. The other question, advanced by the Radical Party, called for further liberalisation of abortion law and was rejected by 88% of voters.

In recent years, there has been a political shift that could threaten the existence of Legge 194. This shift is evident in the city of Verona, which has branded itself as "pro-life" and passed a motion allowing public funds to finance anti-abortion programs. This motion has inspired similar proposals in other cities, although none have passed. Additionally, the right-wing government led by Giorgia Meloni has passed legislation allowing pro-life groups access to abortion clinics, despite criticism from medical professionals who question the wisdom of allowing medically unqualified, anti-abortion groups access to women considering abortion.

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