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the abortion rate among adolescent women was low at both times 7 6 per 1 000 in 1981 and 4 6 per 1 000 in 1991 these data are based only on reported legal abortions the number of clandestine abortions remains unknown a phenomenon to emerge in recent years has been an increase in the number of abortions requested by immigrant women among the 138 357 abortions performed in 1993 13 826 10 involved foreign residents an increase from 9 850 in 1996 this increase is most likely due to the rising number of immigrant women in italy the resident permits for example according to the data of the national statistics institute istat have increased from 678 000 in 1995 to 1 100 000 in 1999 based on estimates of the population of immigrant women 18 49 years of age istat has calculated that the ar for immigrant women was 28 7 1000 in 1998 approximately three times higher than that observed in italian citizens indeed the increase in the numbers of immigrant women may be the main cause of the leveling off of the abortion rate in italy if the analysis of trends is limited to 1996 1998 years for which information is most complete on residency status the number of abortions in italian women declined from 127 700 in 1996 to 123 728 in 1998 abortion incidence edit in 1993 approximately 140 000 induced abortions were performed in italy in comparison the average annual number during the period 1982 1984 was more than 230 000 similar patterns can also be seen in abortion rates after legalization abortion rates rose modestly increasing from 13 7 abortions per 1 000 women aged 15 44 in 1979 to a peak of 16 9 per 1 000 in 1982 and 1983 during the period 1982 1984 italian abortion rates stabilized and this period was followed by a steady decline by 1986 the rate had dropped to 14 0 abortions per 1 000 women and by 1990 it had reached 11 1 per 1 000 by 1993 the abortion rate had decreased to 9 8 per 1 000 10 as of 2010 update the abortion rate was 10 0 abortions per 1000 women aged 15 44 years 11 legislation edit abortion law italian parliament long title provisions regarding the social protection of motherhood and the voluntary termination of a pregnancy citation law no 194 of 1978 enacted by chamber of deputies enacted by senate of the republic signed by giovanni leone signed 22 may 1978 commenced 5 june 1978 legislative history initiating chamber chamber of deputies introduced by vincenzo balzamo passed 13 april 1978 voting summary 308 voted for 275 voted against revising chamber senate of the republic passed 18 may 1978 voting summary 160 voted for 148 voted against status current legislation demonstration for abortion in milan 1975 historical background edit before the approval of the law in 1978 abortion was considered to be a crime against the integrity and the bloodline as stated in the criminal code book 2 title x 12 in particular article 546 prohibited all types of abortions with penalties of 2 5 years in prison 13 the only exception was so called state of necessity which entails a current and imminent danger to the woman the turning point for the abortion debate was decision number 27 of the italian constitutional court on 18 february 1975 that stated that article 546 is unconstitutional 14 indeed the court ruled that article 546 was contradicted by article 31 of the italian constitution which protects maternity infancy and youth promoting the institutions necessary thereto 15 moreover article 546 was found to be precluded by article 32 of the constitution which specified that the republic safeguards health as a fundamental right of the individual 15 the italian magazine panorama in 1974 found out that a significant number of illegal abortions were performed every year and it suggested that all women had either had an abortion or knew a friend who had one 16 parliamentary debate edit in the early seventies two bills originating from the radical left aimed to legalize therapeutic abortion these bills did not reach the discussion state before the dissolution of parliament and the calling of new elections 17 in 1973 the fight to legalize abortion was begun with the fortuna first bill 18 fortuna s law provided for the possibility of therapeutic abortions but required the agreement of three doctors and precluded abortion unless the woman was seriously ill or insane it also demanded the consent of parents for girls under 18 after the election in 1976 the pro abortion majority was committed to legalization and nine different bills were presented from june 1976 till april 1978 finally a bill was passed and published on 22 may 1978 16 the influence of feminism edit from the end of the 1960s feminism played a leading role in reorganizing the terms of the debate about women and their condition abortion has united feminist groups which have fought to demand abortion rights 19 the peak was reached between 1974 and 1976 with the mass mobilization this coincides with the political struggle for abortion but by the time the abortion law was passed in 1978 the major moment of activity had passed 20 21 catholic church edit the power and strength of the vatican and the organized church is exerted in economic and political terms but it is also exercised at a more local level through its strength in the provision of social services and neighborhood organization the church s stance on sexuality and the family is a highly significant public statement to the faithful it is a central doctrinal area and one through which the church is intent on reinforcing and extending its influence 20 for the church since abortion involves the destruction of human life it can never be accepted regardless of the difficulties this position imposes this means that the church cannot admit the possibility of legal abortions 22 the christian democratic party had governed italy since 1948 together with the italian communist party s interpretation of the importance of catholicism for any analysis of the balance of forces the council of italian bishops issued a statement confirming the church s position on abortion and arguing against its legalization 20 the content of law n 194 edit the law 194 on the adoption of social protection of motherhood and the voluntary termination of pregnancy 23 art 1 stated that the state guarantees the right to responsible and planned parenthood recognizes the social value of motherhood and shall protect human life from the beginning 24 moreover the voluntary termination of pregnancy as covered by this law shall not be a means of birth control art 2 regards the function of family counseling center consultori familiari and what it is their role in relation to the law family counselling centers shall assist any pregnant woman by informing her of her rights under state legislation and of the social health and welfare services actually available from agencies by informing her of appropriate ways to take advantage of the provisions of labor legislation design to protect any pregnant women by suggesting to the local agencies solution to problem relate to motherhood by helping to overcome the factors which might lead the woman to have her pregnancy terminated the law presents two different scenarios 25 1 pregnancy during the first 90 days art 4 24 in order to practice the termination of pregnancy during the first 90 days women whose situation is such that continuation of the pregnancy childbirth or motherhood would seriously compromise their physical or mental health in view of their state of health their economic social or family circumstances the circumstances in which conception occurred or the chance that the child would be born with abnormalities or malformations shall apply to a public counselling center or to a fully authorized medical social agency in the region or to a physician of her choice 24 art 5 extends the explanation of family counselling centre when economic social or family circumstances motivate the reasons to interrupt the pregnancy 24 2 pregnancy after the first 90 days art 6 24 voluntary termination of pregnancy may be performed after the first 90 days when the pregnancy or childbirth is a serious threat to the woman s life or when the pathological processes constitute a serious threat to the woman s physical or mental health such as those associated with serious abnormalities or malformations of the fetus have been diagnosed 24 furthermore there is the need for guardian s approval if a girl that is under 18 years old or the woman that is interdicted in order to carry out abortion art 12 and art 14 24 articles 18 and 19 cover the consequences for any person inducing a termination without the consent of the woman conscientious objection edit see also conscientious objection to abortion geographical distribution of conscientious objectors in italy 26 italy north centre south sicily and sardinia abortions per gynecologist in italy per working week in 2016 data for lombardia is of 2016 26 the law gives the option for health professionals to claim the right to refuse to perform abortion if the health personnel demands to be conscientious objector they have to declare it in advance art 9 however conscientious objection may not be invoked by health professionals if the personal intervention is essential in order to save the life of a woman in imminent danger 24 italy keeps a record of the objecting doctors according to data from the ministry of health between 1997 and 2016 there was a 12 9 increase in the number of gynecologists who refuse to perform abortions on moral grounds from 62 8 to 70 9 the highest percentage ever recorded as of 2016 the percentage is higher than the national average in southern italy 83 5 and sicily and sardinia 77 7 and lower in central 70 1 and northern italy 63 9 the percentage is growing in all the macroregions except the north as a result voluntary abortion is performed only in 60 of the hospitals of the country also non objecting doctors suffer discrimination and in some provinces need to perform record numbers of abortions up to 15 8 per week in the province of taranto apulia or 12 2 in the province of catania sicily 26 a resolution by the council of europe has found several violations of the european social charter in the situation right to protection of health art 11 of women seeking abortion right to work art 1 and to dignity at work art 26 of non objecting medical practitioners because of different treatment and moral harassment 27 28 access to abortion clinics edit in april 2024 italy s parliament approved a legislation proposed by the government of giorgia meloni to give anti abortion groups access to abortion facilities where they can try to convince women seeking abortion the legislation will be funded by european union s post pandemic recovery fund 29 30 meloni cited law 194 to introduce the package arguing that women should be fully informed of their decisions medical practitioners criticized the legislation saying they will allow unqualified and anti abortion groups to have access to women seeking the service 30 access to abortion facilities have already been restricted in italy because of the high number of gynaecologists who morally object to perform the procedure who in 2021 accounted for 63 of the total 29 see also edit catholic church and abortion notes edit law no 194 of 22 may 1978 on the social protection of motherhood and the voluntary termination of pregnancy pdf www columbia edu gazzetta ufficiale della repubblica italiana 22 may 1978 pp 3642 3646 retrieved 30 june 2024 ccies at the kinsey institute italy archived from the original on 2012 02 18 retrieved 2011 11 05 standards for social protection of motherhood and on abortion 194 italy 1978 http www urich edu jolt vlil burk html permanent dead link italian language decreto del presidente della repubblica dpr n 396 2000 article 30 in italian parto in anonimato anonymous childbirth and entrustment to healthcare structure for a third party adoption in italian italian ministry of health april 17 2019 cite web cs1 maint deprecated archival service link l ivg in italia nel 2018 in italian istituto superiore di sanità unintended pregnancy and abortion guttmacher institute retrieved november 4 2022 historical abortion statistics italy johnston s archive relazione del ministro della salute sulla attuazione della legge contenente norme per la tutela sociale della maternità e per l interruzione volontaria di gravidanza legge 194 78 pdf report in italian ministry of health italy salvini bettarini silvana induced abortion in italy levels trends and charastics guttmacher institute 6 nov 1996 family planning perspectives http www guttmacher org pubs journals 2826796 html world abortion policies 2013 united nations 2013 retrieved 3 march 2014 lalli c 2011 c è chi dice no dalla leva all aborto come cambia l obiezione di coscienza vol 747 il saggiatore isbn 9788865761465 art 546 codice penale aborto di donna consenziente mondo diritto retrieved 2018 05 18 consulta online sentenza n 27 del 1975 www giurcost org retrieved 2018 05 18 1 2 constitution of italy 1 2 scirè g 2011 l aborto in italia storia di una legge mondadori isbn 9788861595231 flamigni carlo 2008 l aborto storia e attualità di un problema sociale pendragon isbn 9788883426360 la proposta di legge fortuna sull aborto in italian archived from the original on 2018 06 13 retrieved 2018 05 18 kuhn annette wolpe annmarie 2012 10 11 feminism and materialism women and modes of production routledge isbn 9780415635059 1 2 3 caldwell lesley 1981 abortion in italy feminist review 7 49 63 doi 10 2307 1394759 jstor 1394759 caldwell lesley 1991 italian feminism some considerations women and italy university of reading european and international studies palgrave macmillan london pp 95 116 doi 10 1007 978 1 349 21260 6_5 isbn 9780333455777 the battle against reproductive rights the impact of the catholic church on abortion law in both international and domestic areas heinonline org retrieved 2018 05 18 normattiva www normattiva it retrieved 2018 05 18 1 2 3 4 5 6 7 8 law 194 pdf columbia italian legislation retrieved 2018 05 18 abortion legislation in europe www loc gov acosta luis yatsunska poff olena zeldin wendy boring nicolas hofverberg elin feikert ahalt clare figueroa dante soares eduardo roudik peter rodriguez ferrand graciela january 2015 retrieved 2018 05 18 cite web cs1 maint others link 1 2 3 tamma paola 24 may 2018 even where abortion is legal access is not granted voxeurop edjnet retrieved 22 august 2018 resolution cm reschs 2016 3 council of europe retrieved 22 august 2018 european social charter revised council of europe retrieved 22 august 2018 1 2 giuffrida angela 2024 04 16 italy passes measures to allow anti abortion activists to enter abortion clinics the guardian issn 0261 3077 retrieved 2024 04 26 1 2 italy permits pro life groups access to abortion clinics euronews 2024 04 24 retrieved 2024 04 26 references edit wikimedia commons has media related to abortion in italy spinelli angela gr...