Abortion in Belgium

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Abortion in Belgium was fully legalised on 4 April 1990, following the temporary resignation of King Baudouin on grounds of conscience. [1]

Contents

The procedure is legal until 12 weeks after conception (14 weeks after the pregnant woman's last menstrual period). [2] [3] The pregnant woman is required to receive counselling at least six days prior to the abortion and to check in with her doctor to monitor her health in the weeks after the procedure. [3] Later abortions are permitted if there is a serious risk to the woman's health or if a risk of birth defects is identified in the unborn child. [3]

Overview

Hunger strike in Ghent in January 1973 by members of the Dolle Mina group for the right to abortion and against the arrest of Dr. Willy Peers. Hongerstaking in Gent (Belgie) i.v.m. arrestatie dr. Pee die abortussen heeft ge, Bestanddeelnr 926-1702.jpg
Hunger strike in Ghent in January 1973 by members of the Dolle Mina group for the right to abortion and against the arrest of Dr. Willy Peers.

Abortion in Belgium was first prohibited without exception by Articles 348 to 353 of the Belgian Criminal Code of 1867. Abortion was then defined as one of the crimes "against the order of families and against public morality". However, very few prosecutions of abortions took place until 1923, when a bill originally submitted by Henry Carton de Wiart from the Catholic Party in 1913 (but not formally debated until after World War I) was passed by the Belgian Parliament to formally state legal penalties for incitement to abortion as well as advertising and promotion of contraception. [4] 'Therapeutic abortions' took place in 1940 in some hospitals, while others were performed in the 1960s by some family planning centres in the French-speaking regions of Belgium. [5] [6]

In 1970, gynaecologist Dr. Willy Peers (fr; nl) founded the Belgian Society for the Legalisation of Abortion (SBLA). In that same year, the National Council of Belgian Women organised a debate on abortion and networks were being set up to enable women to terminate their pregnancies. The Marie Mineur group in Wallonia connected women with doctors who performed abortions, while the Dolle Mina group in Flanders took women to the Netherlands to seek abortions. In 1971, the Callewaert Law was tabled in an attempt to decriminalise abortion in Belgium for the first time, but was unsuccessful. [7]

On 18 January 1973, Dr. Peers was arrested for performing more than 300 abortions in the Namur region. He spent 34 days in prison; demonstrations for his release and in favour of a revision of the law were attended by several hundred thousand people. The mobilisation gave rise to a 'judicial truce' by which prosecutors agreed not to prosecute doctors for performing abortions.

Between 1974 and 1978 there was a deadlock in political debates about abortion. During the same period, some abortions were unofficially permitted (and even reimbursed by some mutualities) as long as they were registered as 'curettage'. It was estimated that 20,000 abortions were performed each year, and the number of clandestine abortions performed during the same period were also estimated to be as high as 74,000-150,000 (in comparison to 100,000 annual births). [8] New advocacy groups for the legalisation of abortion were created, such as the Committees for the Decriminalisation of Abortion in 1976, the Committee for the Suspension of Legal Proceedings in 1978, and the Action Group of Out-of-Hospital Abortion Centres (GACEHPA) in the same year. The truce was finally ended in 1978 by several prosecutors' offices. A collective trial against several doctors and a psychologist took place in Brussels in 1983.[ citation needed ]

1990 constitutional dispute

Sculpture of King Baudouin outside the Cathedral of St. Michael and St. Gudula, Brussels. Baudouin I of Belgium bust, Brussels 2.jpg
Sculpture of King Baudouin outside the Cathedral of St. Michael and St. Gudula, Brussels.

Due to the influence of the Catholic Church, and the personal faith of King Baudouin, Belgium remained one of a small number of European countries where abortion was illegal after liberal changes in the law in other jurisdictions in the 1960s and 1970s. When the law liberalising abortion was enacted, it was controversial to many Belgians. [9]

A bill to liberalise abortion was first submitted by Senators Lucienne Herman-Michielsens and Roger Lallemand in early 1990, and despite the opposition of the ruling Christian People's Party, the bill was passed with the support of a coalition of the left-wing Socialistische Partij and Parti Socialiste parties, and liberal parties in the Chamber of Representatives.

The Episcopal Conference of Belgium, representing the country's Catholic bishops, appealed to the population at large with a public statement that expounded Roman Catholic opposition to the law on, on doctrinal and pastoral grounds. At that time, 75% of the Belgian population was Catholic by baptism although Mass attendance was around 18%. [10]

The bishops warned Belgian Catholics that anyone who co-operated "effectively and directly" in the procurement of abortions was "excluding themselves from the ecclesiastical community." Motivated by the strong stance of the Belgian bishops, and the fact that he and his wife Queen Fabiola had not been able to bear any children themselves, King Baudouin notified the Prime Minister, Wilfried Martens, on 30 March 1990 that he could not sign the law without violating his conscience as a Catholic. [11]

Since the legislation would not have the force of law without the king's signature (royal assent), his refusal to sign created the potential for a constitutional crisis. [12] However, the problem was resolved by an agreement between the King and Prime Minister Martens, by which the Belgian Government used a constitutional mechanism which declared the King unable to govern, assumed his authority and enacted the law “in the name of the Belgian people”, after which Parliament voted to reinstate the King on the following day. [8] [13] [14] [15] [16] [17]

The Holy See described the king's action as a "noble and courageous choice" dictated by a "very strong moral conscience". [18] Liberal critics of King Baudouin have suggested that his action was "little more than a gesture" as he was reinstated as king just 44 hours after he was removed from power. [11] The King's letter on the issue, to Prime Minister Martens, is displayed in the BELvue Museum in Brussels.

Baudouin died in 1993 and Pope John Paul II paid respects at his grave in the Church of Our Lady of Laeken during an official visit to the country in 1995. [18] The legalisation of abortion was followed by the legalisation of euthanasia in 2002.

Current law

Protest for abortion rights in Brussels, 2012. Manifestante FPS sous un parapluie.jpg
Protest for abortion rights in Brussels, 2012.

The current Belgian abortion law dates from 15 October 2018, when the first government of Prime Minister Charles Michel removed abortus provocatus from the Criminal Code and placed it into a separate law. [19] In this revision, while several sanctions would de jure remain in place, the concept of 'emergency' would disappear. With regard to the 'cooling-off period', the six days could be added to the twelve-week period, and would also lapse in the event of urgent medical reasons. Also, a doctor who refused to perform an abortion would be required to refer the patient to another doctor.

This bill was submitted together with a bill on the recognition of miscarriage for civil status, intended to help parents with the psychological suffering caused by a miscarriage.

Opposition parties submitted bills to completely decriminalise abortion and to include abortion in a law on patients' rights. In those proposals, the legal term limit would be increased to 18 weeks and the reflection period would be shortened to 48 hours, compared to six days. [20] Women seeking an abortion after 12 weeks have travelled to neighbouring countries where longer term limits apply such as France (14 weeks) or the Netherlands (24 weeks). However, a 12-week limit, is the norm in most European jurisdictions allowing abortion. [21]

Statistics

In 2009, the abortion rate in Belgium was 9.2 abortions per 1,000 women aged 15–44 years. [22] In 2021, the abortion rate in Belgium was 7.77 abortions per 1,000 women aged 15-44 years. [23] In 2021, 16.701 abortions were carried out, and in 2020 it was 16.585. [24] In 2021 the average age of someone that got an abortion was 29 years old. [24] Belgium has one of the lowest abortion rates with teenage pregnancies. [24]

Public opinion

Mailbox with anti-abortion messages in Antwerp, 2010. Mailbox with anti-abortion messages Antwerpen.JPG
Mailbox with anti-abortion messages in Antwerp, 2010.

In a survey carried out by the secularist group Centre d'action laïque in 2018, 75.4% of respondents stated that abortion should not be a crime, 16.6% disagreed, and 5.7% said they are neither for nor against, and 2.3% were unable or unwilling to provide an answer. [25] An annual March for Life takes place in Brussels. [26]

Related Research Articles

<span class="mw-page-title-main">Baudouin of Belgium</span> King of the Belgians from 1951 to 1993

Baudouin was King of the Belgians from 17 July 1951 until his death in 1993. He was the last Belgian king to be sovereign of the Congo, before it became independent in 1960 and became the Democratic Republic of the Congo.

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

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights in its constitution in 1974.

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

Abortion in the Netherlands was fully legalized on 1 November 1984, allowing elective abortion up to the 24th week of the pregnancy. Abortion for "serious medical reasons" can be performed after 24 weeks. There used to be a mandatory five-day waiting period for abortions done after one's menstrual period is 17 days overdue. However, on 21 June 2022, Dutch parliament approved a law to scrap the mandatory five-day reflection period before undergoing an abortion, saying women with a joint consultation with the doctor, should be able to determine the time before making a decision. The law went into effect in January 2023.

Abortion in Australia is legal. There are no federal abortion laws, and full decriminalisation of the procedure has been enacted in all jurisdictions. Access to abortion varies between the states and territories: Surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later-term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.

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

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 is legal on demand during the first 12 weeks of pregnancy upon condition of mandatory counseling. 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, 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.

An abortion clinic or abortion provider is a medical facility that provides abortions. Such clinics may be public medical centers, private medical practices or nonprofit organizations such as Planned Parenthood.

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

Abortion in Argentina is legal as an elective medical procedure during the first 14 weeks from conception. The abortion law was liberalized when the Voluntary Interruption of Pregnancy Bill was passed by the National Congress in December 2020. According to the law, any woman can request the procedure at any public or private health facility. Doctors are legally bound to either perform it or, if they are conscientious objectors, refer the patient to another physician or health facility. Only three other Latin or South American countries legalised abortion on request nationwide before Argentina did: Cuba in 1965, Guyana in 1995, and Uruguay in 2012. According to polling in 2020, around 44% of Argentines support the legalization of abortion on request; other polls showed 50–60% of Argentines opposed the bill.

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

Abortion in South Africa is legal by request when the pregnancy is under 13 weeks. It is also legal to terminate a pregnancy between weeks 13 and 20 if the continued pregnancy would significantly affect the pregnant person's social or economic circumstances, poses a risk of injury to the pregnant person's physical or mental health, there is a substantial risk that the foetus would suffer from a severe physical or mental abnormality, or the pregnancy resulted from rape or incest. If the pregnancy is more than 20 weeks, a termination is legal if the foetus' life is in danger, or there is a likelihood of serious birth defects.

Abortion in Italy became legal in May 1978, when Italian women were allowed to terminate a pregnancy on request during the first 12 weeks. A proposal to repeal the law was considered in a 1981 referendum, but was rejected by nearly 68% of voters; another referendum aimed at eliminating the restrictions was rejected by 88.4%.

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

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 regarding abortion in Europe with the law in Malta held to be influenced by Roman Catholic Christianity, which formed part of the identity of 82% of the population according to the 2021 census.

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

Abortion in Colombia is freely available on request up to the 24th week of pregnancy, due to a ruling by the Constitutional Court on February 21, 2022. Later in pregnancy, it is only allowed in cases of risk of death to the pregnant woman, fetal malformation, or rape, according to a Constitutional Court ruling in 2006.

Abortion in Turkey has been legal on request since May 27, 1983. Abortion is legal up to 10 weeks of pregnancy, and in special circumstances the time threshold can be extended if there is danger to the woman's life or the life of the fetus. During the ten weeks, an abortion is allowed for the following reasons: the pregnancy threatens the woman's mental and/or physical health, the fetus would be physically or mentally impaired, if the conception occurred through rape or incest, and economic or social reasons. The woman's consent is required. If the woman is under the age of 18, then parental consent is required. If the woman is married, the consent of the husband is also required. Single women over the age of 18 can choose to have an abortion on their own.

Abortion in Kazakhstan is legal as an elective procedure up to 12 weeks, and special circumstances afterwards. The relevant legislation is based on the laws inherited from the country's Soviet past, when abortion was legally permitted as a contraceptive.

<span class="mw-page-title-main">Voluntary Interruption of Pregnancy Bill (Argentina)</span>

The Voluntary Interruption of Pregnancy Law was approved by the National Congress of Argentina in 2020, legalizing abortion in Argentina. The first draft of the bill was created in 2006 by the National Campaign for the Right to Legal, Safe, and Free Abortion, which sought to have Congress consider it in seven different occasions, to no avail.

Nepal legalised abortion in March 2002, under the 11th Amendment to the Civil Code. The legal services were successfully implemented on December 25, 2003. The high maternal mortality rates in Nepal led to the government legalising it. More than 500,000 women sought abortion between 2004 and 2014. In 2014, 323,100 women in Nepal had the abortion; among this, only 42% of abortions were legal and 19% were treated for abortion complications. Similar study had found the rate of unintended pregnancy as 50%.

Abortion in Queensland, Australia, is available on request in the first 22 weeks of pregnancy, with the approval of two doctors usually required for later terminations of pregnancy. Queensland law prohibits protesters from coming within 150 metres of an abortion clinic and requires conscientiously objecting doctors to refer women seeking an abortion to a doctor who will provide one. The current legal framework was introduced by the Palaszczuk Labor Government with the passage of the Termination of Pregnancy Act by the Parliament of Queensland on 17 October 2018 in a conscience vote. Before the Termination of Pregnancy Act took effect on 3 December 2018, abortion was subject to the Criminal Code and the common law McGuire ruling, which made abortion unlawful unless the abortion provider had a reasonable belief that a woman's physical or mental health was at risk. Availability varies across the state, and is more limited in rural and remote areas outside South East Queensland. In the absence of standardised data collection, it is estimated that between 10,000 and 14,000 abortions occur every year in Queensland.

<span class="mw-page-title-main">Socialist perspectives on abortion</span>

Socialist perspectives on abortion vary. In first world regions such as North America, Europe and Australia, some socialist representatives and activists believe in the legalisation and right to elective abortion care as a public service, whereas others believe that abortion should be limited or not permitted for a number of reasons. In the Third World, there are discussions regarding traditionalists, natalists, Malthusians, and economic voices within society regarding whether abortion should be permitted.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

<span class="mw-page-title-main">Abortion in Europe</span> Comparative overview of abortion law and practice

Abortion in Europe varies considerably between countries and territories due to differing national laws and policies on its legality, availability of the procedure, and alternative forms of support for pregnant women and their families.

References

  1. ↑ Montgomery, Paul L.; Times, Special To the New York (5 April 1990). "Belgian King, Unable to Sign Abortion Law, Takes Day Off". The New York Times. Retrieved 31 March 2023– via NYTimes.com.
  2. ↑ "L'Interruption volontaire de grossesse (IVG/Avortement)". Archived from the original on 29 June 2017. Retrieved 20 January 2016.
  3. 1 2 3 "Termination of Pregnancy/Abortion in Belgium". Angloinfo Brussels. Angloinfo. Archived from the original on 1 July 2016. Retrieved 8 June 2016.
  4. ↑ "La contraception et la Loi". perso.helmo.be. Retrieved 31 March 2023.
  5. ↑ "L'Évolution de la législation sur l'IVG en Belgique et dans quelques pays d'Europe".
  6. ↑ l’avortement et le code penal en belgique laicite.be (in French) Retrieved 31 March 2022
  7. ↑ "Histoire". Archive.wikiwix.com. Archived from the original on 2 January 2021. Retrieved 28 September 2022.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  8. 1 2 Belien, Paul (2005). A Throne in Brussels: Britain, the Saxe-Coburgs and the Belgianisation of Europe. Devon: Imprint Academic. pp. 292–293. ISBN   1-84540-033-X.
  9. ↑ Montgomery, Paul L.; Times, Special To the New York (30 March 1990). "Belgium Eases Its Abortion Law". The New York Times. Retrieved 31 March 2023– via NYTimes.com.
  10. ↑ "Kerkpraktijk In Vlaanderen Table 1 page 115 PDF document in Dutch" (PDF). Soc.kuleuven.be. Archived from the original (PDF) on 6 February 2012. Retrieved 18 March 2014.
  11. 1 2 Hubert, Vivian; Green, Howard (1 March 2000). New History of Christianity. Continuum International Publishing Group. p. 389. ISBN   978-0-8264-1227-0 . Retrieved 7 January 2012.
  12. ↑ Barker, Eileen (15 April 2010). The Centrality of Religion in Social Life. Ashgate Publishing, Ltd. p. 76. ISBN   978-1-4094-0343-2 . Retrieved 7 January 2012.
  13. ↑ Wilsford, David (1995). Political Leaders of Contemporary Western Europe . Greenwood Press. p.  30. ISBN   978-0-313-28623-0.
  14. ↑ Roberts, Geoffrey K.; Hogwood, Patricia (2003). West European Politics . Manchester University Press. p.  84. ISBN   978-0-7190-5421-1.
  15. ↑ Witte, Els; Craeybeckx, Jan; Meynen, Alain (2010). Political History of Belgium. VUB University Press. p. 266. ISBN   978-90-5487-517-8.
  16. ↑ Encyclopedia of World Constitutions. Facts on File. 2006. p. 92. ISBN   978-0-8160-6078-8.
  17. ↑ "Obama's Pick for Vice President Is Catholic. But the Bishops Deny Him Communion". chiesa.espresso.repubblica.it. Retrieved 31 March 2023.
  18. 1 2 "Pope Prays at Tomb of Abortion Foe". Associated Press. 4 June 1995. Archived from the original on 13 December 2013.
  19. ↑ Act of 15 October 2018 on voluntary termination of pregnancy, repealing Articles 350 and 351 of the Criminal Code, amending Articles 352 and 383 of the same Code and amending various legal provisions, Belgian Official Decree of 29 October 2018.
  20. ↑ "Belgium moves to relax abortion law". 19 April 2023.
  21. ↑ See comprehensive listing of countries and policies in the Abortion in Europe article.
  22. ↑ "World Abortion Policies 2013". United Nations. 2013. Retrieved 3 March 2014.
  23. ↑ "Verlsag nationale evaluatie zwangerschapsafbreking" (PDF). 1 January 2020 – 31 December 2021. Retrieved 9 June 2024.
  24. 1 2 3 "Abortus en ongeplande zwangerschap in België: cijfers". www.sensoa.be (in Dutch). Retrieved 9 June 2024.
  25. ↑ laïque, Centre d'action (2018). "Les Belges, l'IVG et la loi". laicite.be. Archived from the original on 25 September 2021. Retrieved 12 September 2021.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  26. ↑ "The MARCH FOR LIFE will take place on April 2, 2023 at Place Poelaert". CLARA Life. Retrieved 25 December 2023.
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