Abortion in Belgium was fully legalised on 4 April 1990, following the temporary resignation of King Baudouin on grounds of conscience. [1]
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]
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 ]
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.
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]
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As of 2009 [update] , the abortion rate in Belgium was 9.2 abortions per 1,000 women aged 15–44 years. [22]
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. [23] An annual March for Life takes place in Brussels. [24]
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.
Abortion in Canada is legal throughout pregnancy and is publicly funded as a medical procedure under the combined effects of the federal Canada Health Act and provincial health-care systems. However, access to services and resources varies by region. While some restrictions exist, Canada is one of the few nations with no criminal restrictions on abortion. Abortion is subject to provincial healthcare regulatory rules and guidelines for physicians. No provinces offer abortion on request at 24 weeks and beyond, although there are exceptions for certain medical complications.
Laïcité is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as the separation of civil society and religious society. It discourages religious involvement in government affairs, especially in the determination of state policies as well as the recognition of a state religion. It also forbids government involvement in religious affairs, and especially prohibits government influence in the determination of religion, such that it includes a right to the free exercise of religion.
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 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.
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 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 2021, around 44% of Argentines support the legalization of abortion on request; other polls showed 50–60% of Argentines opposed the bill.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
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.
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 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.
The official teachings of the Catechism of the Catholic Church promulgated by Pope John Paul II in 1992 oppose all forms of abortion procedures whose direct purpose is to destroy a zygote, blastocyst, embryo or fetus, since it holds that "human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person – among which is the inviolable right of every innocent being to life". However, the Church does recognize as morally legitimate certain acts which indirectly result in the death of the fetus, as when the direct purpose is removal of a cancerous womb. Canon 1397 §2 of the 1983 Code of Canon Law imposes automatic excommunication on Latin Catholics who actually procure an abortion, if they fulfill the conditions for being subject to such a sanction. Eastern Catholics are not subject to automatic excommunication, but by canon 1450 of the Code of Canons of the Eastern Churches they are to be excommunicated by decree if found guilty of the same action, and they may be absolved of the sin only by the eparchial bishop. In addition to teaching that abortion is immoral, the Catholic Church also generally makes public statements and takes actions in opposition to its legality.
Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have 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.
Women in Belgium are European women who live in or are from Belgium. Generation after generation, Belgian women are able to close the "occupational gender gap". In younger generations, this is due to the increasing availability of "part-time jobs in services" for women. In 1999, the average earnings of a Belgian woman was 91 percent of the salary of a Belgian man. When not doing part-time jobs, Belgian women still "do more of the domestic work", depending on the agreement between female and male partners.
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.
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.
Socialist perspectives on abortion vary. In the first world, some socialist individuals believe in the legalisation and right to elective abortion care as a public service, whereas others do not believe abortion should be legal in any circumstances for a number of reasons. In Third World, there are discussions regarding traditionalists, Natalists, Malthusianists, and economics factors within society.
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.
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.
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