COUNCIL OF EUROPE

Not a right, a problem

CoE Resolution: decriminalization of abortion

Decriminalizing abortion in those States where it is still unlawful so as to “ensure the implementation of the right to abortion”; “respecting women’s free choice” overcoming those factual or law-enforced restrictions limiting access to abortion without risks. These were some of the crucial points of the Resolution 1607/2008 adopted with majority-vote on April 16 by the Parliamentary Assembly of the Council of Europe (PACE). The hemicycle debated the issue for four hours analyzing 72 amendments. Finally, the text was approved with 102 ayes and 69 nays. An “authorized” practice which should be “avoided”. PACE, sitting in plenary session at the Palais de l’Europe April 14-18, addressed several issues and welcomed different guests, like the German Chancellor Angela Merkel and the Ukrainian Premier Yulia Tymoshenko . Focus however was on the draft-resolution drawn up by socialist MEP Gisela Wurm (Austria) regarding “access to safe and lawful abortion in Europe”. The Assembly pointed to the fact that “in most Member States of the Council of Europe, abortion is legal in those cases whereby it serves to save the mother’s life”. It is authorized also for different reasons, or within a fixed time-limit in most Countries except for Poland, Ireland, Malta, Principality of Monaco, and Andorra. The text underwent minor amendments by the Assembly members. It affirms that “abortion can in no case be considered as a means for family planning” and “it should be avoided as much as possible”. It equally claims that “all means compliant with women’s rights need to be implemented” to reduce unwanted pregnancies and abortion. Fingers pointed at various Countries. A further remark is necessary: even though it is legal in most States, in many of these “actual access to safe abortion is restricted in many ways”. Furthermore, in those Countries where abortion is legal, the lack of health facilities and of doctors who are willing to practice abortion, along with compulsory health consultation, “make access to abortion much more difficult”. The resolution states that the last choice of resorting to abortion should be made by the woman. According to PACE, prohibiting abortion doesn’t imply its decrease. Rather, “it leads to clandestine abortions which are more dangerous and traumatic”, which increase female mortality and generate the so-called “tourism abortion”. As regards these cases, the preparatory Commission had pointed the finger at Ireland and Poland (according to the Commission for Social Questions in Poland private clinics practice illegal abortion while “the Church and the State turn a blind eye”) Limits and contradictions. The document which had raised tension and division amongst MEPs, solicits CoE States to adopt the “appropriate strategies” in the field of sexual and reproductive health, to make contraceptives available at “accessible costs”, to establish sexual and relational education as compulsory school subjects, and finally, to promote a more positive “family awareness” with the support of targeted campaigns. During the Parliamentary debate, a number of MEPs stressed the “limits” and the “contradictions” of the resolution. In particular, “the right to abortion” was criticized, since “it is not a right, but a problem”. Numerous objections to the text. Among the objections raised by MEPs, emphasis was placed on the fact that the resolution never mentions “the right to life”, which is one of the precepts of the Council of Europe”. Nothing was said of the traumas and the suffering of women who undergo abortion; of the father’s right to express a responsible opinion on the mother’s decision to abort, which would strengthen the couple relationship. The possibility of supporting the couple’s decision to accept an “unwanted” pregnancy, or which might be “at risk”, even with bold policies and services favouring the family is not matter of debate. “The choice – said Socialist MEPs – isn’t between the right to live and the right to abort, but between the right to abort in adequately equipped public health facilities or illegal, risky and sanguinary abortion practices”. Popular and right-wing MEPs (although the issue triggered divisions within the various political groups) reiterated ethical priorities linked to the reception of the new life, the right to conscience objection by doctors and the fact that “abortion doesn’t only concern the woman and her child but also the family and the whole of society”. Remarks were made also on the “respect for State sovereignty as relates to the ethical and moral realms”.