After Roe vs Wade got overturned by the American Supreme Court in June 2022, all countries around the world have been pushed to look thoroughly at their legal situation concerning abortion rights. It was particularly the case in Italy, when the right coalition, who was running for and most likely to win the upcoming elections on 25th September 2022, was known to have controversial— to say the least— opinions on the topic.
The Italian case –
Abortion has been legal in Italy since 1978, when the Parliament approved law 194, allowing women to get an abortion within 90 days of becoming pregnant. This represented a major conquest in the field of civil rights which came after year-long campaigns fought by leftist Radicals, feminist movements, and several leaning left parties. Law 194 contributed heavily to undermining the conservative and Catholic cultural environment, which had hindered its approval until then; up until the 60s, getting an abortion was considered a criminal offense for which both the doctor performing the abortion and the woman getting an abortion could face charges up to five years of prison. Because of this, many women had to resort to illegal abortions even though that meant putting their health and lives at risk. Initial progress was made when in 1975 when abortion became partially legal in case of danger to the woman’s health, recognizing for the first time the impossibility to compare the health of the mother and the fetus. Then, finally, things changed in 1978 with the approval of law 194/78 which guaranteed every woman the right to get an abortion.
Why is abortion still a matter of interest? –
Nevertheless, abortion rights have never stopped being an issue. When law 194 was approved, it guaranteed access to abortion, but it also guaranteed the so-called conscientious objection, through which doctors can refuse to perform this practice and direct their patients to other colleagues. This right— exercised also in other fields such as the military one, where for example young people appealed to it to avoid compulsory military service— served the purpose of preserving the spiritual and religious freedom of anyone involved in the process.
The worrying element to the situation though, is that in several Italian hospitals, the percentage of objectors has reached nearly 100% over the years, meaning that, in some regions, it is practically impossible to undergo the procedure as the few non-objector doctors are overwhelmed by excessive work. In addition to this, the party +Europe has recently proposed as part of their electoral campaign to conduct a thorough analysis of the situation of public hospitals to verify that the right to abortion is guaranteed in each and every hospital.
On top of practical issues complicating access to abortion, the law has never stopped being attacked by several motions put in action in an attempt to dismiss it. Coming generally from right-wing parties, this kind of attempt embodies the more conservative mindset of the country and is normally very appealing to the numerous devout Italian Catholics that are openly anti-abortion and reject this right. For instance, two referendums to repeal law 194 were held in 1981 but they both ended up being dismissed by the voters.
Giorgia Meloni, leader of the right coalition front-runner party Fratelli d’Italia, has declared that in case of victory, her party has no intention of dismissing law 194, a law that safeguards abortion but also clearly states that the state should offer social and economical support to pregnant women as much as possible to allow them to carry on with their pregnancies if they desire so. Instead, Fratelli d’Italia claims they want to guarantee every woman a fair alternative to abortion.
However, this statement has recently been contradicted by declarations of a few members of FDI’s party, who have come up with a series of proposals that seem to have as their only aim denigrating women who decide to end their pregnancies. Among those, for example, the dubious proposition to create fetus cemeteries— where unborn babies should be buried even without the consent of their parents— to “dignify life at every stage”. Far from having any social or emotional benefit, this suggestion seems aim towards criminalizing women for their choice, which on the contrary is legal and legitimated by the law.
This kind of proposal can be explained by looking at the ideological and cultural background of conservatives, who promote the idea of natural reproduction, conception, and family (for instance, they do not support same-sex marriages or any measure in the interest of the LGBT community).
What can we expect in the future? –
There is no certainty regarding the future of abortion rights in Italy. Law 194 is not at risk at the moment, but if the American experience has taught us anything, it is that we always have to be careful not to have our fundamental rights taken away from us. One thing we know for sure is that the national elections of 25th September will be a turning point in Italian history. Hold on for a difficult historical period, it will enormously impact future political and cultural developments such as— hopefully not— abortion rights.
— Written by: Giulia Pession
National Editor Gulia can be reached at pession.giulia@gmail.com.
Follow her on Instagram @giuliapession and Facebook at Giulia Pession.
— Edited by: Sirichada Wattanasiritanawong
Editor Sirichada can be reached at sirichada.w@gmail.com
Follow them on Instagram @sirisaysnya
