Struggle Over European Abortion Politics
Yesterday the Beeb featured an online fact sheet compiled from an Alan Guttmacher Institute survey of the status of abortion across Europe. The survey is interesting, but paints an overly rosy picture of the status of reproductive choice in Europe.
With a few exceptions, nearly all the countries in the map are given green
status for reproductive choice, meaning that abortion is permitted on request
. However, this needs some serious qualifications. Countries which are counted as abortion on demand
can still have extensive regulations and red tape banning abortions after a certain period of time, mandating waiting periods and government-specified counselling
, and similar standard measures from the anti-choice Right’s toolbox for chipping away at access to abortion. By the standards of this survey, every one of the 50 United States counts as green—whether they rank as an A
or an F
in NARAL‘s rankings of abortion access. The only way for a nation to not be counted as being in the most liberal category vis-a-vis abortion is to return to the state of affairs in the pre-Roe United States. For example, Greece has had on demand
abortion laws for the first trimester since 1986, but illegal abortions remain prevalent because of lack of public awareness and extensive delays and red tape imposed by government regulations. Turkey is listed as on demand
even though a woman must have the consent of her male partner to be able to legally obtain an abortion (!). Worse, Latvia is inexplicably listed as an on demand
country, because abortions can be approved for any reason–never mind that every abortion in this liberalized
state must be approved by a committee of bureaucrats.
Unfortunately, Alan Guttmacher Institute’s report, as most of their reports, is fundamentally a document on family planning
rather than women’s right to choose. Just who holds the reins of power over a woman’s body is irrelevant in this survey; what is relevant is whether or not someone has the right to authorize an abortion. What they are talking about, all in all, is a doctor’s rights to perform abortions, not a woman’s rights to choose whether or not to have an abortion. To those of us who fight for abortion rights on the basis of pro-choice feminism, however, we have to worry just as much about the arbitrary veto power over a woman’s body that is given to a husband or a committee bureaucrat, as we do about blanket bans in countries such as Ireland or Malta.
However, while the report is overly rosy about the state of choice in Europe, not all is gloom and doom. There have been key victories across Europe, and many signs of hope:
France: in 2001, the French government liberalized abortion laws by extending the period of time in which a woman may have an abortion from 10 weeks of pregnancy to 12 weeks (this brings it up to the standard of the US, where Roe categorically protects the right to abortion in the first trimester).
Ireland: a referendum to tighten Ireland’s ban on abortion, which is already one of the harshest laws in Europe was narrowly defeated in spite of heavy lobbying by the Catholic Church and the ruling party in favor of the amendment. This was merely
holding the line
rather than an advance to take back choice, but the failure of slippery-slope anti-choice arguments, and the lopsided vote in urban districts (61% of Dublin voters rejected the amendment), augurs well for future progress in Ireland.Poland: after the fall of Communism, the influence of the Catholic Church caused Poland to pass some of the toughest anti-abortion laws in Europe in the 1990s, and doctors in some hospitals began to use the anti-choice climate in the government to stonewall and illegally refuse some abortions which were still permitted under Polish law. However, the 2001 victory of the pro-choice Democratic Left Party (mostly former Communists) and the public debate over abortion may begin to roll back the tide of anti-abortion legislation in Poland.
Portugal: also saddled with intensely anti-choice laws, a referendum in 1998 only upheld Portugal’s present anti-abortion restrictions by the razor-thin margin of 51% to 49%. The President of Portugal, Jorge Sampaio, favors liberalizing abortion laws and has indicated he will work to hold another referendum on the issue.
Switzerland: Switzerland was also a member of the
worst abortion laws in Europe
club, until the the Swiss Parliament finally voted to legalize first trimester abortions in 2001. Right-wingers attempted to delay and possibly derail the passage of the law by forcing it to go to a referendum. However, the tactic failed: just yesterday, Swiss voters blew away Switzerland’s abortion restrictions in a landslide, with 82% rejecting an opposing referendum which would have made Switzerlands laws even tougher (banning abortions even in the case of rape), and 72% of Swiss voters supporting the decriminalization of abortion in the first trimester. The new law will go into effect in October.The European Union: as EU legislation reduces border restrictions between European countries more and more, it is becoming harder and harder for anti-choice governments to control European women’s efforts to secure abortions. For example, despite Ireland’s blanket ban on abortions, nearly 7,000 Irish women receive abortions each year by crossing the Irish Sea to clinics in the UK. EU immigration protections prevent the Irish government from stopping these women from leaving the country.
The High Seas: Women on Waves, founded in May 1999 by Dutch clinician Rebecca Gomperts, sails to countries where abortion is illegal (in particular, Ireland) to provide legal counseling and reproductive health services while in port, and delivery of professional, safe, and legal abortion services offshore outside territorial waters.
The situation in Europe offers no room at all for complacency, but a lot of room for hopeful struggle. We will win this one if we fight for it.
