Abortion in Andorra

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Nativity scene from a church in Encamp. Encamp - Esglesia de Santa Eulalia Vitrall Naixement-Nadal.jpg
Nativity scene from a church in Encamp.

Abortion in Andorra is illegal in all cases; the Co-Princes of Andorra are the President of France and the Bishop of Urgell, who is required to adhere to Roman Catholic teaching on pregnancy. Around 88% of its population identifies as Roman Catholic.

Contents

Andorra, along with Vatican City, are the only two European countries where abortion is completely illegal. [1]

Law on abortion

The Constitution of Andorra states: [2]

Article 8

1. The Constitution recognises the right to life and fully protects it in its different phases.

2. All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

3. The death penalty is prohibited.

The Penal Code (Code Pénal) prohibits a number of offences against prenatal human life (contre la vie humaine prénatale) alongside offences against independent human life after birth (contre la vie humaine indépendante). [3] Article 107 states, in relation to forced abortion:

Whoever causes the abortion of a woman without her consent must be punished with a prison sentence of four to ten years and disqualification any health profession for up to ten years.

Article 108 outlaws abortion with consent:

Whoever causes the abortion of a woman with her consent must be punished with a prison sentence of three months to three years and disqualification from practising any health profession for a period of up to five years.

Article 109 adds:

Whoever by serious recklessness causes an abortion must be punished with a penalty of arrest or a fine of up to €30,000.

Article 120 protects the unborn child from other forms of assault:

Any person who causes in an implanted embryo or in a foetus a lesion or disease seriously impairing his development or causing him physical or psychological defect persisting beyond birth must be punished with a prison sentence of three months to three years and disqualification from practising any health profession for up to six years.

The law has no explicit exceptions to its prohibitions. [4] However, under the double effect principle in Catholic medical ethics, an intervention which would unintentionally cause the death of an unborn child is permitted where this would save the life of a pregnant woman (for example, in the ending of an ectopic pregnancy). [5] [6] [7]

Proposals

The Stop Violències movement led by the psychologist Vanessa Mendoza Cortés campaigns against gender-based violence and for the legislation of abortion in Andorra. [8] [9]

In 2018, Pope Francis intervened in the debate by stating that the approval of any legalisation would result in the abdication of Bishop Joan Enric Vives Sicília as Co-Prince. [10]

Abortion abroad

Women in Andorra who choose to terminate a pregnancy usually travel to either neighboring Spain or France where abortion is widely available. [11]

Related Research Articles

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

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<span class="mw-page-title-main">Abortion in France</span> Overview of the legality and prevalence of abortions in France

Abortion in France is legal upon request until 14 weeks after conception. Abortions at later stages of pregnancy up until birth are allowed if two physicians certify that the abortion will be done to prevent injury to the physical or mental health of the pregnant woman; a risk to the life of the pregnant woman; or that the child will suffer from a particularly severe illness recognized as incurable. The abortion law was liberalized by the Veil Act in 1975.

Abortion in Germany during the first 12 weeks of pregnancy will not be punished under the law if the condition of mandatory counseling is fulfilled. The same goes later in pregnancy in cases that the pregnancy poses an important danger to the physical or mental health of the pregnant woman. In the case that the abortion is because of a rape mandatory counseling is not mandatory. The woman needs to receive counseling, called Schwangerschaftskonfliktberatung, at least three days prior to the abortion and must take place at a state-approved centre, which afterwards gives the applicant a Beratungsschein.

The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.

The ages of consent vary by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.

<span class="mw-page-title-main">Revised Penal Code</span> Criminal code of the Philippines

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Abortion in Romania is currently legal as an elective procedure during the first 14 weeks of pregnancy, and for medical reasons at later stages of pregnancy. In the year 2004, there were 216,261 live births and 191,000 reported abortions, meaning that 46% of the 407,261 reported pregnancies that year ended in abortion.

<span class="mw-page-title-main">Abortion in Malta</span> Termination of pregnancy in Malta

Abortion in Malta is illegal except in cases where the life of the pregnant woman is at risk. Until 2023, it was illegal without exception. Malta has the most restrictive laws in Europe, alongside Andorra, regarding abortion. Such laws have been said to be influenced by Roman Catholicism, which 82% of Malta's population identified as according to the 2021 census.

<span class="mw-page-title-main">Abortion in Colombia</span>

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Abortion in Liechtenstein is illegal in most circumstances with limited exceptions in cases where the life of the pregnant woman is at risk, or where the pregnancy has resulted from a sexual offence. Religion in Liechtenstein is mainly Roman Catholic, which is reflected in the faith of the ruling Princely House of Liechtenstein and in the country's laws and culture around pregnancy.

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Forced abortion is a form of reproductive coercion that refers to the act of compelling a woman to undergo termination of a pregnancy against her will or without explicit consent. Forced abortion may also be defined as coerced abortion, and may occur due to a variety of outside forces such as societal pressure, or due to intervention by perpetrators such as an intimate partner, parental guardian, medical practitioners, or others who may cause abortion by force, threat or coercion. It may also occur by taking advantage of a situation where a pregnant individual is unable to give consent, or when valid consent is in question due to duress. This may also include the instances when the conduct was neither justified by medical or hospital treatment, which does not include instances in which the pregnant individual is at risk of life threatening injury due to unsustainable pregnancy. Similar to other forms of reproductive coercion such as forced sterilization, forced abortion may include a physical invasion of female reproductive organs, therefore creating the possibly of causing long term threat or injury preventing viable future pregnancies. Forced abortion is considered a human rights violation by the United Nations due to its failure to comply with the human right to reproductive choice and control without coercion, discrimination, and violence.

Abortion in Guatemala is illegal, except when needed to save the woman's life. Abortion was illegal without exception prior to 1973. Congressional Decree 17-73 altered the penal code to allow abortion in cases in which the pregnant woman's life is endangered in September 1973. The procedure must be done by a physician and approved by a second doctor.

Abortion in Egypt is prohibited by Articles 260–264 of the Penal Code of 1937. However, under Article 61 of the Penal Code, exceptions may be granted in cases of necessity, which has typically been interpreted to permit an abortion necessary to save the life of the pregnant woman. In some cases, this exception has been extended to cases where the pregnancy poses dangers to the pregnant woman's health, and to cases of foetal impairment. A physician can only perform an abortion in such cases when two specialists approve, unless the woman's life is in imminent danger.

<span class="mw-page-title-main">Abortion in South Korea</span> Overview of the legality and prevalence of abortions in South Korea

Abortion in South Korea was decriminalized, effective 1 January 2021, by a 2019 order of the Constitutional Court of Korea.

Abortion in Malaysia is generally legal to save the life of the mother or in cases where their physical or mental health is at risk, for the first 120 days of gestation, as regulated under Sections 312–316 of the Penal Code. However, specific legislation varies by state. Access to abortion in Malaysia has been hampered by religious, cultural and social stigmas against abortion, poor awareness of abortion legislation among health professionals and the high cost of abortion services in the private health sector. As a result, risky unsafe abortions are prevalent in Malaysia.

Vanessa Mendoza Cortés is a human rights activist and psychologist from Andorra. She is the president of Stop Violències, an organisation that campaigns against gender-based violence and campaigns for the decriminalisation of abortion in Andorra.

References

  1. "Only Malta and Andorra prohibit abortion under any circumstances".
  2. Constitution of the Principality of Andorra. Andorra: Consell General. 1993. p. 14. Retrieved 28 February 2023.
  3. "Nouveau Code Pénal" (PDF). www.legislationonline.org. OSCE. Retrieved 27 February 2023.
  4. "Facts and figures about abortion in the European Region". World Health Organization, Europe. World Health Organization. Archived from the original on 14 August 2014. Retrieved 13 August 2014.
  5. "Only Malta and Andorra prohibit abortion under any circumstances".
  6. Bernhard, Meg (2019-10-22). "Andorra's abortion rights revolution". POLITICO. Retrieved 2021-04-25.
  7. "Penal Code of 11 July 1990. (Butlletí Oficial del Principat d'Andorra, Vol. 2, No. 21, 21 July 1990, pp. 378-96.)". 1990. Retrieved 25 March 2014.
  8. "Vanessa Mendoza Cortés | Front Line Defenders". 2021-11-19. Archived from the original on 2021-11-19. Retrieved 2021-11-19.
  9. "Ms. Q&A: Vanessa Mendoza Cortés on Ending Violences". msmagazine.com. 9 April 2018. Retrieved 2021-11-19.
  10. Vella, Ricard Poy, Andorra la (November 5, 2018). "El Vaticà avisa que l'avortament faria abdicar el Copríncep". DiariAndorra.ad.{{cite web}}: CS1 maint: multiple names: authors list (link)
  11. White, Christna (9 April 2018). "The Ms. Q&A: Vanessa Mendoza Cortés is Demanding a Better Future for Women in Andorra". Ms.blog.