Historical background 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. In particular, Article 546 prohibited all types of abortions, with penalties of 2–5 years in prison. 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. 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". 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.
Parliamentary debate 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. In 1973 the fight to legalize abortion was begun with the Fortuna first bill. 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. 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.
Catholic church 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. 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. 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. 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. 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: 1) Pregnancy during the first 90 days (Art. 4) 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.
Access to abortion clinics 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. 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. 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. ==See also==