HEALTH LAW AND BIOETHICS Abortion May, 2013 Cristina Sabroso

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/ 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/ th 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 SPAINPORTUGAL Spanish law is more permissive and wide because it allows abortion until 14 weeks of pregnancy 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  Bodily rights (a woman has a right to control her own body)  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.) Arguments against the right to abortion  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

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!