In the near future the Constitutional Court of Slovak Republic will make decision on the compliance of so called “abortion law” with the Constitution. Despite the fact, that for both experts and common people repressive decision seems like impossible, the reality may be different. Conservative forces follow in their struggle for the ban of artificial abortion so called “the Polish way” and they have very strong and influential backing. Among their biggest advantages is, that broad public has no information about upcoming decision and therefore no open resistance exists. All opinion polls show clear refusal of women against the ban and support for demand “to have right to decide about my own body”
Reproductive rights and especially question of the artificial abortion started to be much politicized issue in Slovakia in recent years. Reproductive are at the same time – no doubts intentionally – oversimplified to the right for artificial abortion.
Artificial abortion was a criminal act in Slovakia until 1950. The Law 86/1950 allowed only one reason for abortion – the health conditions of woman. Abortion statistics show significant upraise especially after 1958, when the Law 68/1957 allowed also abortion due to social reasons. Law 73/1986 is already focused on the prevention of unwanted pregnancy and planed parenthood education. This law allowed artificial abortion up to 12th week of pregnancy without need to specify the reason.
The price for abortion in public hospitals is 3000 Sk (70 USD), it is going to be redoubled in the next future. The Law 73/1986 is valid until today, with just small changes and brought almost full liberalization of conditions. Despite this fact, Slovakia belongs among the European countries with the lowest number of artificial abortions. Number of artificial abortions dropped down by 67% over last 12 years. There are 11,4 abortions per 1000 women in fertile age (e.g. 17.000 per year), which means approximately every fourth pregnancy. The biggest segments are women with two children (55% of all requirements in 2000). We can assume, that the main reasons for abortion are, aside with failure of contraception, economic reasons and the problem of conflict between nurturing the children and keeping the family against the employment/career of mother.
Significant decrease in number of abortions is result of better access to contraception and broader choice of contraceptives. Number of women using hormonal contraception has grown from 2% at the time of collapse of previous regime to almost 18% recently, e.g. nine fold. Hormonal contraception, however, is object of medical prescription and is not covered by medical insurance.
The facts and clearly positive development in number of abortions should logically lead to the conclusion that the trend is positive and Slovakia is on the road towards planned and responsible parenthood. There should not be merit-based and expert arguments for the state intervention into this sensitive area and it should be left fully in the competency of women and partner pairs.
Opposite is true. Despite the fact, that results of the International Conference of United Nations on Population and Development (Cairo 1994), Agreement on Elimination of All Forms of Discrimination Against Women (UN, 1979) and other international conventions and documents should be bounding for Slovakia, conservative political forces led by Christian Democratic Movement (KDH) ignore them with strong support of Catholic Church. Under the cover of “protection of life and moral revival of society” they try to enforce their views on abortions on all Slovak society and do not hide their goal to ban artificial abortions regardless the views of those most affected – women themselves.
Public debate about the ban on abortions was opened by the KDH proposals in early 1990-tieth and especially in 2001 during the debate about the changes in the Constitution of Slovak Republic in the Parliament. KDH proposed to change article 15, part 1 “Everybody has right for life. Human life deserves protection already before the birth” to wording: “Human life has right for protection from the inception”. Such a change would in practice mean conflict between the recent liberal abortion law and the Constitution and consequently end of its validity.
Response of women and human rights nongovernmental organizations to the efforts of KDH was establishment of the Initiative for the Freedom of Choice (www.prochoice.sk). Signatories of the Initiative declared that they fully support valid wording of the Constitutions in the article15, they consider it proper and do not see the need to change this article of Constitution. Initiative’s Declaration was supported by 1320 female and male Slovak citizens. Initiative transformed itself into the civic association Freedom of Choice in June 2001.
Despite the fact, that the Parliament adopted constitutional changes without change in article15, and that majority public opinion stand clearly behind the recent liberal abortion law, KDH efforts did not stop. Following example of “the Polish way” KDH parliamentarians submitted legal submission to the Constitutional Court, in which they argue about discrimination of human fetus before the age of 12 weeks, when abortion is permitted.
The first hearing on abortion law made Constitution Court on April 10th. KDH and abortion opponents were represented by Mr. Lipisc, vice-chairman of KDH and minister of justice of Slovakia. His argumentation was built on the decision of German Constitution Court, which decided twice that the right of woman to decide about the pregnancy has to be subordinated to protection of unborn life. However, Mr. Lipsic did not informed objective about the present situation in Germany when the abortion are legally performed. The main discussion was focused on the definition of life beginning which was defined by KDH statement as the moment of conception. Opposite to this argumentation, the constitution judges had expert’s opinions from bio-ethicist and supreme prosecutor of Slovakia. Both experts supported the present abortion law. Decision of Constitutional Court on this matter is expected in near future, probably in autumn..
Efforts of the conservative political forces to limit reproductive rights in Slovakia do not limit themselves to the ban of abortions, but extend to “demonization” of all forms of contraception, sexual education and access of youth to objective information about the contraception, sterilization (that is allowed only for women over 40 in Slovakia) and complicated access to artificial insemination. Positive trends in the area of reproductive rights that are coming to Slovakia from the European Union are presented as “heritage of socialism and efforts of euro Marxists”.
Opposite to liberal point of view of European Union the church in Slovakia is trying to put in force the agreement with Holly See which shall ensure the right to conscientious objection in many cases e.g. for gynecologists not to provide abortion and contraception or for teachers not to teach sexual education. The agreement was prepared by Ministry of Justice and shall be discussed in the next future. It is quite clear, that insufficient separation of the state from the church, enforcement of one ideology referring to the Christian traditions and efforts to eliminate merit-based public discussion is becoming the main challenge of civil society and women movement in Slovakia.
Olga Pietruchova
Chairwoman of Pro choice Slovakia
http://www.prochoice.sk
updated: 7/14/2004
Oľga Pietruchová 