Exclusion Of Unlawfulness In Cases Of Voluntary Interruption Of Pregnancy

Original Language Title: Exclusão da ilicitude nos casos de interrupção voluntária da gravidez

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624445354c5667755a47396a&fich=pjl19-X.doc&Inline=false

1 PARLIAMENT of the Socialist Parliamentary Group DRAFT law No. 19/X "on the exclusion of Unlawfulness of voluntary interruption of pregnancy" By PR decision, on a proposal from the AIR (resolution No. 16/98, GIVE I-A, of 31-3) and after preventive supervision of constitutionality and legality binding of the proposed referendum, the citizen electors listed in the national territory were called to comment on 28 June 1998 about the next question : "do you agree with the decriminalisation of voluntary interruption of pregnancy, if carried out, by choice of the wife, in the first ten weeks, in legally authorized health establishment?".

This question was answered negatively by most voters, but without binding efficiency, since the number of voters was not more than half of the voters registered in the census. The AIR chose not to pursue the legislative work, although didn't have a duty not to act. It is true that in the years since then the personal and social drama of abortion remained, was liberalized in the worst way, no deadlines, no rules, no security, in a sordid clandestine network where invariably women of smaller features are the main victims. Despite the efforts made, in different historical moments, towards the adoption of measures that contribute to the Elimination of the scourge of illegal abortion, the problem remains as a serious public health issue and Portugal distinguishes itself in the European framework for its legal order to devote a limited 2 decriminalization of abortion. The comparative law of Member States of the European Union is among the least comprehensive Portuguese legislation, whether in the case of reasons, both in relation to deadlines for IVG. Even when we reported the cases previously comparable to national cultural and legal order, such as Switzerland and Ireland, we note a considerable advancement in this field for part of these countries and a total immutability as regards the Portuguese case. Multiply the voices, of various quarters, recognizing the perverse consequences of the legal framework and the need for initiatives to reverse the current situation, strongly relevant for women. In tribute to all the women who suffered in the skin this scourge and that during all these years were inhibited in no way protected, now, on behalf of the Socialist benches, this draft law aimed at the decriminalization of the IVG, which reproduces the solutions contained in the work provided by the legislative initiative prepared by JS, following the submission 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 the Parliament, to assume the responsibilities as guarantor of the democratic space and freedom. The project which the signatories now submit the appreciation of Parliament advocates the decriminalization of abortion in certain cases not foreseen today, to preserve the moral integrity, dignity of motherhood and social conscious. Fixed in ten weeks the period within which this can occur, more restrictive than the solution presented in 1997, but contained in other legal systems, based on a valuation of the State of medical knowledge that many social sectors are sensitive. Aimed at yourself clearly and transparently, to extend in this way also the consensus that if you want to establish a future law. Do not lose sight of the main objective to be attained: ensure the decriminalization of voluntary interruption of pregnancy at the request of the woman and no less appropriate in that it is provided the indispensable advice and convenient health care.

3 Giving strict compliance with the applicable legislation, the PS presents both a draft resolution calling for a popular referendum on abortion and the present draft law sets precise legal with the solution on which the electorate should be asked.

Thus, in accordance with the rules and applicable constitutional, the undersigned Members have the following DRAFT LAW article 1 (amendments to the Criminal Code) article 142 of the Penal Code, as amended by Decree-Law 48/95, of 15/3 and by law No. 90/97 of 30 July, is replaced by the following: Article 142° termination of pregnancy is not punishable 1-is not punishable the termination of pregnancy performed by a physician or under the their direction, in official or officially recognised establishment with the consent of the pregnant woman, in the following situations: a) at the request of his wife and after a query in a foster care center, in the first ten weeks of pregnancy, to preserve their moral integrity, dignity or social conscious maternity; (b)) (now subparagraph (a)); c) case is indicated to avoid danger of death or serious and lasting injury to the body or to the physical or mental health of the pregnant woman, in particular for economic or social reasons, and is held in the first 16 weeks of pregnancy; d) (now (c)); e) (now subparagraph (d)). 4 2-in the case of paragraph 1 (b))), verification of the circumstances that make punishable not the interruption of pregnancy is certified by a medical certificate, written and signed prior to the intervention, by a doctor other than the one by whom or under whose direction, the interrupt is held.

Article 2 article 140° is added to the Penal Code, as follows: Article 140°-advertising illegal abortion Who, by any way, do illegal advertising product, method or service, own or of others, as a means to encourage the voluntary interruption of pregnancy, shall be punished with imprisonment up to 2 years or a fine up to 240 days.

Article 3° (public network of family counseling) 1-must be developed in public health care network the Valencia family counselling, which should be composed of, at least, a family counseling center (CAF) by district. 2-The CAF form part of the network of primary health care, and its Constitution and internal organisation be regulated by the Government.

Article 4° (operation of Family counselling centres) 1-The CAF should be easily accessible to all pregnant women who wish to carry out a voluntary interruption of pregnancy or who have already practiced. 2-consultations in the CAF are free, confidential, conducted under anonymity, if that the will of the pregnant woman.

Article 5° (skills) it is the responsibility of CAF 5 the necessary advice and support to the pregnant woman, with a purpose of overcoming problems related to pregnancy, contributing to a responsible and conscious decision, fitting them, namely: Advise, inform and sensitize women about the most appropriate way of organizing your family planning; a) Raise, if necessary, the intervention of social services that operate in the sector, analyzing the possibility of intervention to solve the social problems arising from maternity benefits; b) Inform the pregnant woman of the rights enshrined in labour law as regards maternity, as well as the rights relating to benefits Sociomedical; c) inform and forward the pregnant woman for establishments where you practice the involuntary interruption of pregnancy, after the due advice. 2-The CAF can, in the process of consultations and provided that the pregnant woman does not oppose, hear the other person in charge of the design.

Article 6 (Organization of health institutions) 1-check the circumstances provided for in paragraph 1 of article 142 of the Penal Code can pregnant woman requesting the voluntary interruption of pregnancy in establishment of official or officially recognised health by delivering the written consent and, by the time of the intervention, the remaining documents eventually required. 2-The official health establishments or officially recognized where it is practiced the voluntary interruption of pregnancy should organize themselves properly to the effect. 3-The establishments referred to in the preceding paragraph shall take the means and the necessary measures for the voluntary interruption of pregnancy is established under the conditions and time limits legally provided for.

Article 7° (duty of confidentiality) 6 doctors and other health professionals, as well as other staff of public health establishments or officially recognized in that practice voluntary interruption of pregnancy are linked to the duty of professional secrecy with regard to all acts, facts or information of which they are aware in the exercise of their duties or because of them related to that practice, in accordance with and for the purposes of articles 195 and 196 of the Penal Code, without prejudice to the statutory and disciplinary consequences of any possible infringement.

Article 8 (Regulation) the Government will regulate the present law within 90 days.

Article 9 (entry into force)


1-The rules of this law relating to the structure and functioning of public health establishments produce effect with the entry into force of the law of the budget following its publication. 2-to the entry into operation of the Advisory Network provided for in article 3, the application for termination of pregnancy in the first ten weeks must be accompanied by proof of realization of query in an accredited establishment.

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