Transcript Abortion in Portugal

HEALTH LAW AND BIOETHICS
Abortion
May, 2013
Cristina Sabroso
003055
CONTENT
1. What the abortion is
2. Abortion in Portugal (Law nº 16/2007)
3. The regulation of the abortion in the Portuguese Penal
Code
4. The regulation of the abortion in the Spanish Penal Code
5. Law nº 2/2010
6. The abortion in the minors of age
7. Conscientious objection
8. Comparative Law between Spain and Portugal
9. Abortion debate and conclusions
What the abortion is
• Abortion is the termination of pregnancy by
the removal or expulsion from the uterus of a
fetus or embryo prior to viability.
• An abortion can occur spontaneously, in which
case it is usually called a miscarriage, or it can
be purposely induced.
• Contemporary medicine utilizes medications
and surgical procedures to induce abortion.
Abortion in Portugal
• Abortion laws in Portugal were liberalized on
April 10, 2007 after referendum and is regulated
by Law nº 16/2007
• Allow the procedure to be done on-demand if a
woman's pregnancy has not exceeded its 10
weeks.
• Can be performed in the national health system
or in private hospitals authorized
• There is a three-day obligatory waiting period for
abortions.
Must be guaranteed to women:
 The availability of counseling during the period
of reflection
The availability of support by social worker
during the period of reflection
The information on the conditions for carrying
out and its consequences for women's health
Support conditions that the state can give for
pregnancy and maternity
Law nº 16/2007 17th of April, allow
the abortion:
• Until the 10 week gestation at the request of the
pregnant
• Until the 16 week in case of rape or sexual crime
• Until the 24 week in the case of fetal defects or
incurable syndromes
• At any time in case of risk for pregnant ("danger of
death or serious and irreversible injury to body or
to physical or mental health of the pregnant
woman") or in the case of unviable fetuses
The regulation of the abortion in the
Portuguese Penal Code
Abortion is regulated in the second chapter “Crimes
against intrauterine life” in the following articles:
 Article 140º Abortion
“Whoever, by any
means, without consent of the pregnant woman
to make abortion, is punished with imprisonment
from 2 to 8 years.”
 “The pregnant woman that give consent to the
abortion practiced by third, or that, by her own or
someone else fact, abort, is punished with
imprisonment up to 3 years”
Article 141º CP: Aggravated abortion
Article 142º CP: Non-punishable abortion
cases
Non-punishable abortion requirements:
 Performed by doctor
 Performed in the national health system or
in private hospitals authorized
 With the consent of the pregnant woman in
signed document
 With, at least, 3 days prior to the
intervention
The regulation of the abortion in the
Spanish Penal Code
• Regulated by articles 144º, 145º, 145º bis and
146º in Title II of Spanish Penal Code
• “Who, without the consent of the pregnant
woman, make her to abort is punished with
imprisonment from 4 to 8 years”
• With the pregnant woman consent
from 1 to
3 years
• “The pregnant woman that give consent to the
abortion practiced by third, or that, by her own or
someone else fact, abort, is punished with fine
from 6 to 24 months” (Article 145º)
Organic Law 2/2010
• On March 3, 2010 the Organic Law 2/2010 of
sexual and reproductive health and abortion
was promulgated
• This law is to ensure fundamental rights in the
field of sexual and reproductive health
established by the World Health Organization
(WHO)
• Regulates the conditions of abortion and sets
the corresponding obligations of public
authorities
Organic Law 2/2010
Allow the abortion:
 During the first 14 weeks of pregnancy, the woman can
take a free and informed decision on the termination of
her pregnancy. There will be no third party intervention
in the decision.
 Until 22 weeks in cases of "serious risks to life or health
of the mother or fetus”
 From the twenty-second week, pregnancy may be
interrupted only on two assumptions:
 that "fetal anomalies incompatible with life are
detected"
 that "an extremely serious and incurable disease is
detected within the fetus at the time of diagnosis and is
confirmed by a clinical committee."
Common requirements in both
legislations
1. It is practiced by a doctor or under his
supervision.
2. It takes place in an accredited public or private
health center.
3. It is done with the express written consent of the
pregnant woman or, where appropriate, the legal
representative, in accordance with the provisions
of Law 41/2002, Basic Regulating Patient
Autonomy and Rights and Obligations regarding
information and clinical documentation.
The abortion in the minors of age
 Between 16 and 18 years may decide for
themselves but must inform at least one legal
representative, unless the minor justifies that the
fact of reporting may cause serious conflict (real
danger of family violence, threats, coercion, abuse
or situations uprooting or helplessness)
 Between 12 and 16 years: mandatory hear her
opinion. If the minor has the intellectual and
emotional capacity to understand the
consequences of the intervention, she can consent
but not decide. The adult is who decides.
 Under 12 years: decide their legal representatives
 Above 18 years: the woman decides for herself
Conscientious objection
The right of conscientious objection is just for
the sanitary professionals directly involved in
the abortion
The refusal or rejection must be expressed in
signed document
Professionals are required to provide adequate
health care before or after the interruption of
pregnancy to women who need it
Comparative Law between Spain and
Portugal
SPAIN
Spanish law is more
permissive and wide
because it allows abortion
until 14 weeks of
pregnancy
PORTUGAL
Portuguese legislation is stricter
because abortion is legalized
during the first 10 weeks
Comparative Law between Spain and
Portugal
SPAIN
“The pregnant woman that
give consent to the abortion
practiced by third, or that,
by her own or someone else
fact, abort, is punished with
fine from 6 to 24 months”
(Article 145º.2 Penal Code)
PORTUGAL
“The pregnant woman that
give consent to the abortion
practiced by third, or that,
by her own or someone else
fact, abort, is punished with
imprisonment up to 3
years”
(Article 140.3º Penal Code)
Abortion debate and conclusions
The abortion debate refers to the ongoing
controversy surrounding the moral and legal
status of abortion.
The two main groups involved in the abortion
debate are the self-described:
"pro-choice” movement (emphasizing the
right of women to choose whether they wish
to bring an embryo or fetus to term)
"pro-life” movement (emphasizing the right of
the unborn child to be born).
Some arguments...
Arguments in favor of the right
to abortion
Arguments against the right to
abortion
 Bodily rights
(a woman has a right to control
her own body)
 Discrimination
(abortion involves unjust
discrimination against the
unborn)
 Deprivation
(The argument of deprivation
states that abortion is morally
wrong because it deprives the
fetus of a valuable future)
 Manslaughter
(unintended killing or certain
forms of criminal negligence)
 Religious beliefs
 Sexual emancipation and
equality
(Denying the right to abortion
can be construed from this
perspective as a form of female
oppression under a patriarchal
system, perpetuating
inequality between the sexes.)
Abortion debate and conclusions
• Pro-choice advocates argue that illegalization of abortion
increases the incidence of unsafe abortions, as the availability
of professional abortion services decreases, and leads to
increased maternal mortality.
• The penalization does not solve the problem, due to the
clandestineness contribute to the death of women who
practice abortion in conditions of illegality and insecurity health
- (in 1976, according to the Supreme Court, between 200 and
400 women died from clandestine abortions.)
• The problem of clandestineness fundamentally affect poor
women or with less economic resources due to women in a
better social position sometimes resort, what is known as
"tourism abortion"-travel to other countries to practice induced
abortion
Abortion debate and conclusions
It should be pointed out some of the negative
consequences of abortion legalization:
 The banality of the practice
 Submission to market interests of medical groups
and businesses pharmaceutical industry
 Population decrease
 Devaluation of life
 The increase of post-abortion syndrome cases
 The increase of the sexually transmitted diseases
(STD) cases
Thanks for your attention!