Italian abortion law

After years of struggle a new law on abortion has been passed in Italy. It is due to the strength of the Italian Women's movement that Italy has gone from a fascist law which condemns abortion, under any circumstance, as a crime against the race to what is being called the "most liberal abortion law in Europe'~ Why, then, is much of the Italian women's movement dissatisfied with the new law? Why is it not being celebrated as a great victory for women? Because, in the course of their struggle, Italian women have come to see abortion in a larger context: woman's right to self determination, which includes not only the right to control her own body but the economic and political possibilities to decide about her own life. And because the new law may very well tum out to be inoperable and ineffective in practice.

The new abortion law reaffirms state and patriarchal control over the bodies of women. Moreover, the public health structures are inadequate to cope with the estimated one million women who have abortions in Italy every year. The hospitals are already overcrowded and the personnel already overworked. Many of the health structures and workers are under the control of the Roman Catholic Church which is doing everything in its power to render the law ineffective. At present, the Church is putting pressure on hospitals and health workers to invoke the "conscientious objection" clause in the law to refuse to perform abortions. There are indications that much of the medical establishment will use "conscientious objection" as a means to boycott the law. The reasons for this are economic. Illegal abortion has been big business in Italy and an enormous source of income for doctors. They risk losing a profitable business if abortion really becomes obtainable through the public health structures.

In spelling out the procedure to obtain an abortion, the law states that a woman may consult a community health clinic (consultorio) which has the duty to counsel the woman and try to find another solution to her "problem" other than abortion. This clause in the law has been promoted by the left as an attempt to "socialize" maternity. It is the left's answer to women's cry for self-determination and under the present circumstances can only mask the desire to maintain control over women. If the left really wants to "socialize" maternity why are they not fighting male-domination and privilege within their own ranks? Why are they not in the forefront of the battle for the socialization of housework, for child care facilities? It is a farce to talk about collective decision-making about reproduction when in fact women bear almost the full burden of child-bearing and child-raising and when men effectively control the political and economic interests and positions of power. Italian feminists have been working for years to set up women-run consultori (which, of course, are not recognized by the state) and to try to get community control over the public consultori. They have had some success here and there, but the battle is far from won. 

We are presenting here a summary of the main provisions of the abortion law and a statement by the Italian women's movement on the law.

MAIN PROVISIONS OF THE ITALIAN LAW ON ABORTION

1. Abortion is permitted within the first 90 days of pregnancy when there exists "a serious danger to the physical or psychological health of the woman" related to a) her state of health ; b) her economic, social or family condition; c) the circumstances under which conception took place (e.g. incest, or rape) ; d) the malformation of the fetus.
2. Abortion is permitted after 90 days when the life of the mother is in danger or when malformation of the fetus has been ascertained which endangers the physical or psychological health of the mother. 
3. In order to obtain an abortion, the woman must go through the following procedure (failure to follow the procedure or obtaining an abortion through other means is punishable by a fine or imprisonment) : The woman must consult a doctor of her choice or a public health clinic (consultorio) or other public health structure. The doctor has the duty to evaluate with the woman and with the father ("if the women consents") her reasons for wanting an abortion . The public health structures have the duty to counsel the woman and try to find other possible solutions to her problem in order to avoid an abortion. In case of emergency, the doctor or health structure can issue a certificate to the woman with which she may obtain an abortion immediately from those institutions authorized by the state to perform abortions. Otherwise the woman has to think about her decision for seven days. At the end of that time, if she still wants an abortion, she may obtain one from an authorized institution. 
4. Abortions may only be performed by a medical doctor in obstetrical-gynecological service in public hospital and private clinics authorized by the state.
5. Doctors and medical personnel may refuse to perform abortions because of "conscientious objection". However, they must register this objection and are obliged to perform an abortion in the event that the life of the mother is in immediate danger. Hospitals must provide the possibility for the law to be carried out. 
6. Abortions are free of charge. The cost is borne by the health insurance or the state.
7. Women under the age of 18 must have the permission of their parents or guardians for an abortion.

THE ITALIAN WOMEN'S MOVEMENT AND THE ABORTION LAW

The following statement on abortion was issued by the Italian women's movement in February 1978 when the passage of the law on abortion was imminent. 

The meaning of the abortion struggle which we, the women's movement of Italy, have been carrying out is the affirmation of women's right to decide about her own body, her own sexuality and maternity and about her own life. We feel it is necessary to reopen the debate and the struggle in every city, in every collective on the issue of abortion and sexuality in order to affirm our conception of woman as a completely autonomous person.

The main point of this struggle is to affirm the principle of self-determination of women in all fields. In regard to abortion this means that the women's movement rejects any law which establishes controls on women and on her right to decide about her own life. We affirm that abortion must be performed in all public hospitals as an emergency operation whenever it is requested by a woman. We will fight so that all the personnel in all the public health structures will have to cooperate and carry out abortions. Women will be opening the struggle in the individual cities and hospitals. The first step towards a different kind of medicine, towards a sexuality of life and not of death will be uncovering and denouncing .repressive attitudes and actions on the part of individual health workers.

We propose for ourselves and for all women to organize and struggle against the law presented by the"movement for life" which aims at affirming a conception of woman as an object for child-bearing. We also reject the law presented by the secular parties which does not include the affirmation of women's self-determination and which sanctions the control of the state over the bodies of women. We refuse to give any party the right to legislate for women and on the bodies of women, all the more so today when this has become a matter of bargaining in order to sell the contents of the women's movement in the name of a political equilibrium between the Communist Party (PCI) and the Christian Democrat Party (DC), that is patriarchal power.

We affirm the necessity to obtain immediate and full depenalization of abortion, by means of a referendum if necessary. In regard to the public "family" health clinics (consultorio): it has become evident that these have been established by the government and by the parties as a negative response to the demands of the women's movement. Therefore, our relationship with these remains a relationship of conflict, for the purpose of turning them into public health clinics for women using the practice and content of the women's movement and under the real control of women. The women-run health clinics and abortion and self help are essential elements of the movement and should be continued and expanded in all situations, not as a solution given by women to the problem of abortion , but as a phase in the struggle and in the reappropriation of knowledge for women's medicine. The correct way to pose the problem of contraception is based on profound reflection about sexuality, making clear that the fundamental objective is to separate the moment of reproduction from that of sexuality.

 In this regard, the need has emerged to organize on a national level with groups in each city to carry out study, statistics and research for a real reappropriation of all the instruments of knowledge which together with our control and with our struggle will finally lead to the development of secure, safe and reversible contraceptives for men and for women.