HEALTH-CZECH REPUBLIC: Abortions Take Centre Stage

By Pavol Stracansky Reprint | | Print |

Pavol Stracansky

PRAGUE, Jun 11 2004 (IPS) - Pro-life politicians have launched a two-pronged assault on existing abortion legislation just months after failing in a bid to have abortions banned almost completely.

The Czech Christian Democrats and People’s Party alliance (KDU-CSL) have pledged to go to the Constitutional Court to argue that abortions in the Czech Republic are in some cases carried out in contradiction with the constitution.

They are also proposing new legislation that would see abortions allowed only up until the 12th week of pregnancy and new conditions under which abortions could be granted.

At present abortions are allowed up to the 24th week if the mother’s life or health is endangered or there is a risk of foetal impairment under a special regulation issued by the Health Ministry.

The KDU-CSL maintains that the Health Ministry guideline breaks constitutional law in that the constitution only allows for abortions until the 12th week of pregnancy but that in fact they can be carried out until much later than that.

"We find the Health Ministry regulation contradictory to the law," People’s Party MP Jiri Karas, who had proposed previous legislation that demanded doctors be jailed for five years for carrying out any abortions, told the Czech newspaper Mlada fronta Dnes.

Legislation on abortion in European countries differs widely but many states allow abortion up to 12 weeks into pregnancy on request and to varying periods, sometimes unlimited, after that for medical reasons.

But legislation runs from one extreme to another in various countries in Europe.

According to data from the United Nations and the International Planned Parenthood Federation abortion is allowed essentially on request until the 24th week under loosely worded legislation and its liberal application. Illegal abortion is practically non-existent.

But in Ireland abortion remains illegal even though women can legally travel to Britain to have abortions. Also strongly Catholic Poland abortion legislation has been a source of huge debate and legal challenges for decades.

Abortion is not available on request there and can only be carried out after the first 12 weeks of pregnancy if the life or health of the pregnant woman is in danger.

The KDU-CSL legal challenge is identical to one launched by the Christian Democratic party (KDH) in neighbouring Slovakia.

Under Slovak law abortions can be carried out until the 12th week of pregnancy on request and up to 24 weeks for medical reasons under a Health Ministry guideline.

The KDH has also appealed to the Constitutional Court with the same argument that carrying out abortions after 12 weeks runs against the Slovak constitution. The Slovak Constitutional Court last September said that it needed time to consider the case and that it would rule on it this year. It has yet to do so..

Some medical doctors in the Czech Republic have criticized the KDU- CSL’s legal bid. "Abortions between the 12th and 24th week of pregnancy constitute a mere one per cent of all abortions carried out in my surgery. Moreover, the decision on abortion in this phase of pregnancy is always taken by the doctor, never by the woman herself," Zdenka Kravarova, a Czech gynaecologist, told Mlada fronta Dnes.

The KDU-CSL has 21 seats in the Czech parliament, but needs only 25 votes to be able to take its argument to the Constitutional Court. MPs from other parties have already signaled their pro-life stance and appear ready to support the KDU-CSL bid.

But the KDU-CSL is also proposing new legislation that some MPs in the Czech Republic have dubbed simply a "softer" version of legislation that failed to get through parliament in March.

The rejected legislation proposed a ban on all abortions except in the case of rape or if the mother’s life was in danger from the pregnancy. It also called for a jail sentence of five years for any doctor performing an abortion.

The legislation caused massive media debate and even led to some angry scenes in parliament where a female MP, Eva Dundackova of the opposition Civic Democrats (ODS), who had opposed the legislation, said only women MPs should vote on the proposals.

Opponents said that the KDU-CSL’s planned legislation could lead to more illegal abortions that could put women’s lives in danger.

According to figures from the Czech State Health Information Institute abortions have been falling since the fall of communism. In 1990 there were just over 107, 000 abortions performed.

The figure in 2002 was 28, 850. Experts have suggested that improved family planning, wider availability of contraception and better sex education are behind the falling figures.

Under the new planned proposals though the KDU-CSL would allow abortions up to 12 weeks but banned after that. It also wants the father’s consent for the procedure to be carried out. At present only the mother’s approval is required.

"We were determined to come back on this," said Karas.