Austria And Italy's Abortion Laws: Justifying The Unjustifiable

Abortion laws vary across the globe, with some countries having more restrictive legislation than others. In Austria and Italy, abortion has been a contentious issue, with both countries having to navigate the complex relationship between church and state. While Italy is an overwhelmingly Catholic country, Austria has historically had a strong women's movement. This paragraph aims to explore how these two countries justify their abortion laws and the impact they have on women's reproductive rights.

Abortion in Austria is legal in the first trimester

Abortion in Austria is legal during the first trimester of pregnancy, which is defined as the first three months from the beginning of pregnancy or from the moment of nidation. This has been the case since the 1st of January 1975, following the adoption of sections 96, 97 and 98 of the Penal Code in January 1974.

The legalisation of abortion during the first trimester was proposed by female social democratic MPs of the Austrian Social Democratic Party in 1920. The party brought forth a proposal in 1924 to allow abortion for medical, social, or eugenic grounds, and recommended improved sex education and the construction of information centres.

Abortions during the first trimester must be performed by a physician and only after a previous medical consultation. The pregnant woman must consent to the procedure, and it is a criminal offence to perform an abortion without the woman's consent. The woman's consent must be given before the procedure and can be submitted in writing.

Abortions can be performed after the first trimester if there is a physical or mental health threat to the pregnant person, if there is an incurable problem with the development of the foetus, or if the pregnant woman is under the age of 14. In these cases, the abortion must still be performed by a physician, and the consent of a parent or legal guardian is required if the pregnant woman is under 14.

Abortion is allowed after the first trimester if the mother's life is at risk

In Austria, abortion laws have been liberalized since 1 January 1975, when abortion was decriminalized during the first three months of pregnancy. After the first trimester, abortion is allowed if there is a physical or mental health threat to the pregnant person, if there is an incurable problem with the development of the fetus, or if the patient is under the age of 14.

Doctors are not obliged to perform or assist in an abortion unless it is required to save the pregnant woman's life. The same provisions apply to all staff working in legally regulated health professions. There is no punishment for doctors who choose not to perform abortions based on personal or religious convictions, except if the life of the woman is at stake and her death would result from a lack of abortion. In such cases, the 1975 law protects doctors who perform abortions.

In Italy, abortion was legalized in May 1978, allowing women to terminate a pregnancy on request during the first 12 weeks and 6 days (90 days). After the first trimester, abortion is permitted when carrying the pregnancy to term would put the woman's life at risk, or when the fetus carries genetic or other serious malformations that would put the mother at risk of serious psychological or physical consequences.

The law also allows for termination in the second trimester when a serious threat to the woman's life or physical or mental health arises from pathological processes associated with abnormalities or malformations of the fetus. The law states that a period of seven days, not compulsory, should occur between medical authorization and the effective date of termination, unless a state of emergency requires immediate intervention.

Doctors in Austria can refuse to perform abortions due to personal or religious beliefs

Abortion laws in Austria have gone through various changes over the years. Since 1 January 1975, abortion has been decriminalised during the first three months of pregnancy, following a medical consultation. This is known as the "Fristenlösung". However, abortion remains the only medical procedure regulated under the penal code, and performing or receiving an abortion is generally considered a criminal offence.

Doctors in Austria are not obliged to perform abortions and are protected by law if they choose not to do so based on personal or religious convictions. The 1975 law specifically states that no physician is required to perform or assist in an abortion unless it is necessary to save the pregnant woman's life. This exception also applies to other health professionals, such as paramedical, medico-technical, or auxiliary staff.

The Austrian abortion policy allows doctors to refuse to terminate a pregnancy without facing punishment, except in cases where the woman's life is at stake, and their refusal results in her death. This conscious clause is a direct result of societal stigmatisation surrounding abortion. As a consequence, there are very few abortion clinics or hospitals with abortion capabilities outside major cities, making it extremely difficult for women in rural areas to access abortion services.

The lack of abortion services in rural areas is further exacerbated by the absence of abortion education in medical schools and the stigmatisation by health professionals, who often refuse to speak out in support of abortion rights. This has resulted in a shortage of doctors who provide abortions, even in the private health sector. While organisations like Doctors for Choice, an association of pro-choice gynecologists and activists, are working to address this issue, the scarcity of abortion providers remains a challenge in ensuring abortion accessibility throughout Austria.

Italy allows abortion on request in the first trimester

In Italy, abortion has been legal since 1978, when women were granted the right to terminate their pregnancy on request during the first 12 weeks and 6 days (90 days) of pregnancy. This right was preserved following a 1981 referendum, in which 68% of voters rejected a proposal to repeal the law.

The Italian law, known as Law 194, allows for publicly funded counselling centres to advise pregnant women of their rights and services offered if they wish to terminate their pregnancies. The law also permits health care personnel to register as conscientious objectors and refuse to perform abortions, which can make accessing abortions more difficult for women, as they may have to travel further to receive the procedure.

Abortion in Italy is also available after the first trimester if the woman's health or life is in danger or if the fetus carries genetic or other serious malformations that would put the mother at risk of serious psychological or physical consequences.

In Austria, abortion has been legal during the first trimester since 1975, following a previous medical consultation. Abortions can be performed after the first trimester if there is a physical or mental health threat to the pregnant person, if there is an incurable problem with the development of the fetus, or if the patient is under the age of 14.

Italy's abortion law includes provisions to prevent the procedure and support motherhood

Italy's abortion law, known as Law 194, was passed in 1978 and allows women to terminate their pregnancy on request during the first 12 weeks. The law also permits terminations in the second trimester if the woman's life is at risk or if the foetus has serious malformations that would put the mother at risk of serious psychological or physical consequences.

Law 194 includes provisions to prevent the procedure and support motherhood. This includes publicly funded counselling centres to advise pregnant women of their rights and services offered if they want to terminate their pregnancies. The law also allows health care personnel to register as conscientious objectors and refuse to perform abortions.

In April 2024, Italy's parliament approved legislation to give anti-abortion groups access to abortion facilities. The government, led by Prime Minister Giorgia Meloni, argued that this would ensure women are fully informed of their decisions. However, this move has been criticised by some in the medical profession, who question the wisdom of allowing medically unqualified, anti-abortion groups access to women considering abortion.

Italy's birth rate is one of the lowest in the world and has been steadily declining for about 15 years. Meloni has prioritised encouraging women to have babies to address this demographic crisis.

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