Abortion in San Marino

Last updated

Abortion in San Marino is legal in the first 12 weeks of gestation for any reason. It is also legal until fetal viability if the pregnancy poses a risk to the woman's life, if the fetus has an anomaly that poses a risk to the woman's health, or if the pregnancy is the result of rape or incest. In case of risk to the woman's life after fetal viability, the pregnancy may also be interrupted by attempting a live birth. [1]

Contents

History

Before 2022, articles 153 and 154 of the Penal Code of San Marino imposed a prison sentence for any woman who procured an abortion, any person who helped her, and any person who performed the abortion. Although the law did not explicitly mention any exception, abortions performed to save the woman's life were generally permitted by the legal principle of necessity. [2] [3] [4]

A proposal to liberalize abortion law was submitted during 1974 revisions to the Penal Code, but the government deferred it indefinitely to permit further debate. After neighboring Italy legalized abortion in 1978, women from San Marino could seek an abortion by crossing the border. [2] [5]

In September 2021, a referendum resulted in 77.3% in favor of allowing for the voluntary termination of pregnancy up to the 12th week of gestation, and also thereafter if the pregnancy posed a risk to the woman's life or health, or if the pregnancy resulted from rape or incest. [6] [7] The referendum did not immediately legalize abortion, but required the parliament to make the relevant changes to the law. [5] On 31 August 2022, the parliament approved the law, with 32 votes in favour, 7 against, and 10 abstentions. [8] The law was published in the government gazette on 7 September 2022, and entered into force on 12 September 2022. [1]

See also

Related Research Articles

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

In the United States, abortion is a divisive issue in politics and culture wars, though a majority of Americans support access to abortion. Abortion laws vary widely from state to state.

Late termination of pregnancy, also referred to politically as third trimester abortion, describes the termination of pregnancy by inducing labor during a late stage of gestation. In this context, late is not precisely defined, and different medical publications use varying gestational age thresholds. As of 2015 in the United States, more than 90% of abortions occur before the 13th week, 1.3% of abortions in the United States took place after the 21st week, and less than 1% occur after 24 weeks.

<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.

Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved, as of 2019. The rate of abortion in Israel has steadily declined since 1988, and compared to the rest of the world, abortion rates in Israel are moderate. According to government data, in Israel, abortion rates in 2016 dropped steadily to 9 per 1,000 women of childbearing age, lower than England (16.2) and the United States (13.2). 99% of abortions are carried out in the first trimester. Despite allegations of permitting abortion under limited circumstances, Haaretz noted in 2019 that this is not the case, and abortion is almost always permitted in Israel.

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%.

Abortion in Uruguay is legal on request before twelve weeks of gestation, after a five-day reflection period. Abortion has been legalized in Uruguay since 2012. Uruguay is one of only four countries in South America where abortion is legal on request; the other three are Argentina, Guyana and Colombia.

<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 Namibia is restricted under the Abortion and Sterilisation Act of South Africa (1975), which Namibia inherited at the time of Independence from South Africa in March 1990. The act only allows for the termination of a pregnancy in cases of serious threat to the maternal or fetal health or when the pregnancy is a result of rape or incest. This law has not been updated since, and attempts to liberalise it have been met with fierce opposition from religious and women's groups.

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

Abortion in Denmark was fully legalized on 1 October 1973, allowing the procedure to be done electively if a woman's pregnancy has not exceeded its 12th week. Under Danish law, the patient must be over the age of 18 to decide on an abortion alone; parental consent is required for minors, except in special circumstances. An abortion can be performed after 12 weeks if the woman's life or health are in danger. A woman may also be granted an authorization to abort after 12 weeks if certain circumstances are proved to be present.

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

Abortion laws in Portugal were liberalized on April 10, 2007, allowing an elective abortion to be provided if a woman's pregnancy has not exceeded its tenth week. There is a three-day waiting period for abortions. President Aníbal Cavaco Silva ratified the law allowing abortion, recommending nevertheless that measures should be taken to ensure abortion is the last resort. Despite the liberalization of the laws, as of a 2011 survey, many doctors were refusing to perform abortions – which they are allowed to do under a conscientious objection clause. Abortions at later stages are allowed for specific reasons, such as risk to woman's health reasons, rape and other sexual crimes, or fetal malformation; with restrictions increasing gradually at 12, 16, and 24 weeks.

Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages in cases of risk to the life or health of the woman or serious fetal defects.

Abortion in Greece has been fully legalized since 1986, when Law 1609/1986 was passed effective from 3 July 1986. Partial legalization of abortion in Greece was passed in Law 821 in 1978 that provided for the legal termination of a pregnancy, with no time limitation, in the event of a threat to the health or life of the woman. This law also allowed for termination up to the 12th week of pregnancy due to psychiatric indications and to the 20th week due to fetal pathology. Following the passage of the 1986 law, abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded 12 weeks. In the case of rape or incest, an abortion can occur as late as 19 weeks, and as late as 24 weeks in the case of fetal abnormalities. In case of inevitable risk to the life of the pregnant woman or a risk of serious and continuous damage to her physical or mental health, termination of pregnancy is legal any time before birth. Girls under the age of 18 must get written permission from a parent or guardian before being allowed an abortion.

Foeticide, or feticide, is the act of killing a fetus, or causing a miscarriage. Definitions differ between legal and medical applications, whereas in law, feticide frequently refers to a criminal offense, in medicine the term generally refers to a part of an abortion procedure in which a provider intentionally induces fetal demise to avoid the chance of an unintended live birth, or as a standalone procedure in the case of selective reduction.

<span class="mw-page-title-main">Abortion-rights movement</span> Social movement advocating for legal access to abortion

Abortion-rights movements, also self-styled as pro-choice movements, are movements that advocate for legal access to induced abortion services, including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.

Abortion in Samoa is only legal if the abortion will save the mother's life or preserve her physical or mental health and only when the gestation period is less than 20 weeks. In Samoa, if an abortion is performed on a woman for any other reason, or if a woman performs a self-induced abortion, the violator is subject to seven years in prison.

Communist and Marxist ideologies generally allow state-provided abortion, although there is no consensus among Communist parties and governments about how far into the pregnancy abortion should be allowed.

<span class="mw-page-title-main">Health (Regulation of Termination of Pregnancy) Act 2018</span> Law regulating the availability of abortion in Ireland

The Health Act 2018 is an Act of the Oireachtas which defines the circumstances and processes within which abortion may be legally performed in Ireland. It permits termination under medical supervision, generally up to 12 weeks' pregnancy, and later if pregnancy poses a serious health risk or there is a fatal foetal abnormality.

As of 2024, abortion is illegal in Indiana. It is only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1, 2023, was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. However, on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.

<span class="mw-page-title-main">2021 San Marino abortion referendum</span>

A referendum on the legality of abortion was held in San Marino on 26 September 2021. The result was an overwhelming vote in favour of legalisation.

References

  1. 1 2 "Legge 7 settembre 2022 n.127 – Regolamentazione dell'interruzione volontaria di gravidanza" (in Italian). Consiglio Grande e Generale. 7 September 2022.
  2. 1 2 Abortion Policies: A Global Review. Vol. 3. United Nations Population Division. 2002. Archived from the original (DOC) on 21 March 2016. Retrieved 2 January 2013.
  3. ↑ "World Abortion Policies 2007". United Nations. 2007. Retrieved 21 December 2016.
  4. ↑ "World Abortion Policies 2013". United Nations. 2013. Retrieved 21 December 2016.
  5. 1 2 San Marino voters overwhelmingly back legal abortion, Associated Press, 26 September 2021. "With the 'yes' votes winning, San Marino's Parliament must now draft a bill to legalize the procedure."
  6. ↑ "San Marino. Referendum sull'aborto: si vota il 26 settembre" (in Italian). Libertas. 13 July 2021.
  7. ↑ "QUESITO – Segreteria di Stato per gli Affari Interni – Sito Elezioni". www.elezioni.sm. Retrieved 1 September 2021.
  8. ↑ "Interruzione Volontaria di Gravidanza: approvata la legge a San Marino". RTV San Marino (in Italian). 31 August 2022. Retrieved 1 September 2022.

9. LAW no. 127 of 7 September 2022 REGULATING VOLUNTARY TERMINATION OF PREGNANCY - Republic of San Marino Great and General Council

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.