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ASSEMBLY OF THE REPUBLIC

Parliamentary Party of the Socialist Party

DRAFT LAW NO. 19 /X

"On the Exclusion of Ilicitude of Voluntary Termination cases of Gravity"

By decision of the PR, under the proposal of the AR (Resolution No. 16/98, DAR I-A, 31-3) and

after mandatory preventive supervision of constitutionality and the legality of the

proposed referendum, the citizen voters census on the national territory

were called to pronounce on June 28, 1998 on the question

next:

" Agrees to the plummeting of the voluntary disruption of the

pregnancy, if performed, by choice of woman, in the first ten

weeks, in legally authorized health establishment? ".

This question was answered in a negative way by the majority of citizens

voters, but without binding efficacy, as the number of voters did not

higher than half of the voters enrolled in the census. AR opted not to

pursue legislative work, much though it did not have a duty to not act.

Right is that in the years decorated since then the personal and social drama of abortion

stood, was liberalized in the worst way, without deadlines, without rules, without

security, in a squalid clandestine network where invariably the women of

smaller resources are the main victims.

Despite the efforts made, in distinct historical moments, in the sense of the

adoption of measures that contribute to the elimination of the scourge of abortion

clandestine, the problem subsists as a serious public health issue and Portugal

distinguishes itself in the European framework by its legal order enshrining a limited

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plummeting of the voluntary termination of pregnancy. The comparative right of the

Member States of the European Union situates Portuguese legislation among the least

comprehensive, either in the case for the reasons, or in relation to the deadlines for

IVG.

Even when we report to cases previously comparable to that of the order

legal and cultural national, such as that of Suiça and Ireland, we have found a

considerable advancement in this field by these countries and a total immutability

as far as the Portuguese case is concerned.

They multiply the voices, from diverse squares, recognizing the consequences

perversins of the legal framework and the need for initiatives that invert the current

situation, strongly penalizer of the woman.

In honour of all the women who have suffered in the skin this scourge and who

during all these years turn out to be inhibited of any protection, presents itself

now, on behalf of the Socialist bench, the present draft law targeting the

decriminalization of IVG, which reproduces the constant solutions of the base of

work propited by the legislative initiative prepared by JS, following the

presentation of the draft law No. 451 /VII, as well as the solutions advocated

by the draft-law No 405 /IX. It is intended to be Parliament, par excellence, the

take on the responsibilities of guarantor of democratic space and freedom.

The project that the signatories now submit the assessment of the Assembly of

Republic advocates for the plummeting of voluntary termination of pregnancy in

certain cases today unforeseen, for preservation of moral integrity, dignity

social and conscious motherhood.

It is fixed in ten weeks the time frame within which this may occur, solution more

restrictive than the one presented in 1997, but constant of other ordinances

legal, assents in a valorisation of the state of medical knowledge to which

many social sectors are sensitive.

It was, unambigually and transparently, to extend also by that route.

consensus that one wishes to establish around a future law.

We do not lose sight of the essential goal to be achieved: ensuring plummeting

of situations of voluntary termination of pregnancy at the request of the woman and in a

appropriate minimum term in which the indispensable advice is provided and

the convenient health care.

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Giving strict compliance to the applicable legislation, PS presents simultaneously

a draft resolution calling for a popular referendum on abortion and the

present draft law that defines with precise legal contours the solution

on which the electorate should be asked.

So, in the applicable regimental and constitutional terms, the Deputies below-

signed present the following

DRAFT LAW

Article 1.

(Amendments to the Criminal Code)

Article 142 of the Criminal Code, with the amendments brought to it by the

Decree-Law 48/95, of 15/3 and by Law No. 90/97 of July 30, passes to

following wording:

Article 142 °

Interruption of unpunishable pregnancy

1-It is not punishable to terminate the pregnancy carried out by doctor or under its

direction, in official or officially recognized establishment with the

consent of the pregnant woman, in the following situations:

a) at the request of the woman and after a consultation at a Family Reception Centre,

in the first ten weeks of pregnancy, for preservation of its integrity

moral, social dignity or conscious motherhood;

b) (current point (a);

c) if shown to be indicated to avoid danger of death or serious and lasting injury

for the body or for physical or mental health, of the pregnant woman,

specifically for reasons of an economic or social nature, and is carried out in the

first 16 weeks of pregnancy;

d) (current point c);

e) (current point d).

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2-In cases of points (b) to e), the verification of the circumstances that make it not

punishable termination of pregnancy is certified through medical attestation, written

and signed prior to the intervention, by physician other than that by whom, or under

whose direction, the interruption is carried out.

Article 2.

A Article 140-A to the Criminal Code is added, with the following:

Article 140-The

Illegal advertising for voluntary termination of pregnancy

Who, in any way, makes illegal advertising of product, method or service,

own or to outrain, as a means of inciting to the voluntary termination of pregnancy,

will be punished with imprisonment up to 2 years or penalty of a fine of up to 240 days.

Article 3 °

(Public family counseling network)

1-Must be developed in the public health care network the valence of

family counseling, to which must be composed of at least one Centre of

Family Counseling (CAF) by district.

2-CAF are to be found in the primary health care network, owing to their

constitution and internal organisation being regulated by the Government.

Article 4 °

(Health of Family Counselling Centres)

1-CAF should be of easy access to all pregnant women who wish to

carry out a voluntary termination of pregnancy or who have already practiced it.

2-Consultations held in the CAF are free of charge, confidential, held under

anonymity, in case that is the will of the pregnant woman.

Article 5 °

(Competences)

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It is incumbent upon the CAF to provide the necessary advice and support to the pregnant woman, with

objective of overcoming pregnancy-related problems, contributing

for a responsible and conscious decision, to be given, inter alia:

To advise, inform and raise awareness among women about the most appropriate form

of organization of their family planning;

a) Susciting, if necessary, the intervention of the social services that operate in the

sector, looking at the possibility of such intervention solving the

problems of social order arising from motherhood;

b) Informing the pregnant woman from the rights enshrined in labour law

with respect to motherhood, as well as the rights relating to

medico-socieal benefits;

c) Informing and forwarding the pregnant woman to the establishments where if

practice the involuntary interruption of pregnancy, after due

counseling.

2-CAF can, in the process of consultations and provided that the pregnant woman does not

opponent, listen to the other responsible of the conception.

Article 6 °

(Organisation of health establishments)

1-When the circumstances provided for in Article 142 (1) of the article are checked

Penal code may the pregnant woman request voluntary termination of pregnancy

in official or officially recognized health establishment, delivering from

prompt written consent and, up to the time of the intervention, the remaining

documents eventually chargable.

2-Official or officially recognized health establishments where it is

practiced the voluntary interruption of pregnancy should organize themselves

properly for the purpose.

3-The establishments referred to in the preceding paragraph shall adopt the means and the

necessary arrangements for the voluntary termination of pregnancy if

check in the legally foreseen conditions and deadlines.

Article 7 °

(Duty of secrecy)

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The doctors and too many health professionals, as well as the remaining staff of the

public or officially recognized health establishments in which if

practice the voluntary interruption of pregnancy become bound to the duty of secrecy

professional with respect to all acts, facts or information that they have

knowledge in the exercise of their duties or because of them, related to

that practice, in the terms and for the purposes of Articles 195 and 196 of the Code

Penal, without prejudice to the statutory and disciplinary consequences of any

possible infringement.

Article 8 °

(Regulation)

The Government will regulate the present diploma within ninety days.

Article 9 °

(Entry into force)

1-The standards of this Law relating to the structuring and operation of

public health establishments produce effect with the entry into force of the law

of the Budget subsequent to its publication.

2-Up to the commissioning of the counselling network provided for in the article

3º, the application for termination of pregnancy in the first ten weeks must be

accompanied by proof of consultation achievement in establishment

accredited.

The Deputies