Abortion in Italy

Before the approval of the law, in 1978, abortion was considered to be a crime against the integrity and the bloodline, as stated in the Criminal Code book 2 Title X.[11]

In particular, Article 546 prohibited all types of abortions, with penalties of 2–5 years in prison.[12] The only exception was so-called state of necessity, which entails 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 that stated that Article 546 is unconstitutional.[13] Indeed, 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".[14] Moreover, Article 546 was found to be precluded by Article 32 of the Constitution, which specified that the Republic safeguards health as a fundamental right of the individual.[14]

The Italian magazine Panorama, in 1974, found out that a significant number of illegal abortions were performed every year, and it suggested that all women had either had an abortion or knew a friend who had one.[15]

In the early seventies, two bills originating from the radical left aimed to legalize therapeutic abortion. These bills did not reach the discussion state before the dissolution of parliament and the calling of new elections.[16] In 1973 the fight to legalize abortion was begun with the Fortuna first bill.[17] Fortuna's law provided for the possibility of therapeutic abortions but required the agreement of three doctors and precluded abortion unless the woman was seriously ill or insane. It also demanded the consent of parents for girls under 18. After the election in 1976, the pro-abortion majority was committed to legalization and nine different bills were presented from June 1976 till April 1978. Finally, a bill was passed and published on 22 May 1978.[15]

From the end of the 1960s, feminism played a leading role in reorganizing the terms of the debate about women and their condition. Abortion has united feminist groups which have fought to demand abortion rights.[18] The peak was reached between 1974 and 1976 with the mass mobilization. This coincides with the political struggle for abortion, but, by the time the abortion law was passed in 1978, the major moment of activity had passed.[19][20]

The power and strength of the Vatican and the organized church is exerted in economic and political terms, but it is also exercised at a more local level through its strength in the provision of social services and neighborhood organization. The church statement on sexuality and the family is a highly significant public statement to the faithful. It is a central doctrinal area and one through which the church is intent on reinforcing and extending its control.[19] For the church, abortion involves the destruction of human life and can never be accepted regardless of the difficulties this position imposes. This means that the church cannot admit the possibility of legal abortions.[21] The Christian Democratic Party had governed Italy since 1948, together with the Italian Communist Party's interpretation of the importance of Catholicism for any analysis of the balance of forces. The council of Italian bishops issued a statement confirming the church's position on abortion and arguing against its legalization.[19]

The law 194 on the adoption of social protection of motherhood and the voluntary termination of pregnancy.[22]

Art. 1 stated that the State guarantees the right to responsible and planned parenthood, recognizes the social value of motherhood, and shall protect human life from the beginning.[23]

Moreover, the voluntary termination of pregnancy as covered by this law shall not be a means of birth control.

Art. 2 regards the function of family counseling center (consultori familiari) and what it is their role in relation to the law. Family counselling centers shall assist any pregnant woman:

• By informing her of her rights under State legislation and of the social, health and welfare services actually available from agencies.
• By informing her of appropriate ways to take advantage of the provisions of labor legislation design to protect any pregnant women
• By suggesting to the local agencies solution to problem relate to motherhood
• By helping to overcome the factors which might lead the woman to have her pregnancy terminated.

The law presents two different scenarios:[24]

1) Pregnancy during the first 90 days (Art. 4)[23]

In order to practice the termination of pregnancy 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 center or to a fully authorized medical-social agency in the region, or to a physician of her choice.[23]

Art. 5 extends the explanation of family counselling centre when economic, social or family circumstances motivate the reasons to interrupt the pregnancy.[23]

2) Pregnancy after the first 90 days (Art.6)[23]

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 or 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 fetus, have been diagnosed.[23]

Furthermore, there is the need for guardian's approval if a girl that is under 18 years old or the woman that is interdicted in order to carry out abortion (Art. 12 and Art. 14).[23] Articles 18 and 19 cover the consequences for any person inducing a termination without the consent of the woman.

VTP movements in Italy during 2021

Geographical distribution of conscientious objectors in Italy[25]
  Italy   North   Centre   South   Sicily and Sardinia

Abortions per gynecologist in Italy per working week in 2016 (data for Lombardia is of 2016)[25]

The law gives the option for health professionals to claim the right to refuse to perform abortion. If the health personnel demands to be conscientious objector, they have to declare it in advance (Art.9). However, conscientious objection may not be invoked by health professionals if the personal intervention is essential in order to save the life of a woman in imminent danger.[23]

Italy keeps a record of the objecting doctors. According to data from the Ministry of Health, between 1997 and 2016 there was a 12.9% increase in the number of gynecologists who refuse to perform abortions on moral grounds, from 62.8% to 70.9%, the highest percentage ever recorded. As of 2016 the percentage is higher than the national average in Southern Italy (83.5%) and Sicily and Sardinia (77.7%), and lower in Central (70.1%) and Northern Italy (63.9%). The percentage is growing in all the macroregions except the North. As a result, voluntary abortion is performed only in 60% of the hospitals of the country. Also, non-objecting doctors suffer discrimination, and—in some provinces—need to perform record numbers of abortions, up to 15.8 per week in the province of Taranto (Apulia) or 12.2 in the province of Catania (Sicily).[25]

A resolution by the Council of Europe has found several violations of the European Social Charter in the situation:

• right to protection of health (art. 11) of women seeking abortion;
• right to work (art. 1) and to dignity at work (art. 26) of non-objecting medical practitioners, because of different treatment and moral harassment.[26][27]