Monaco (10) -- Analyses -- 2009

Principality legalises abortion

26.04.2009

The 1st of April proved an important date in the annals of Monegasque law, heralding in a change in the constitution to allow abortions to be performed in the Principality, but only under certain conditions. The legal proceedings to usher in the new law were made amid a heavier than usual police presence around the parliament building.
However, no incidents were reported despite fears of disturbance from the anti-abortion quarter. In the run up to this historic day debate on the highly sensitive topic sparked strong emotions on both sides. The Archbishop of Monaco, Monsignor Bernard Barsi had made known his opposition to its legalisation. Unlike neighbouring France, Monaco is a Catholic, not secular, state and has a strong religious tradition. The decision is a clear indication by the state that the rights of women should be respected just as the church has a right to its opinion, and is a huge step forward for advocates of Monegasque women’s rights.
For Stephane Valeri, President of the Conseil National (ie. Monaco’s parliament), his first major responsibility since his re-election by his people last year, represented a logical evolution in the history of this modern state.
Two years ago a similar law was voted out by the Conseil National, but this time agreement was unanimous, thus securing a place for Monaco on the long list of European countries which permit a medical abortion. Ireland is now the only European country which bans abortion totally, with no stated exceptions, even to save the life of the mother.
The result of five years work, in full consultation with the government, the new law is an evolution to protect women while ensuring that the floodgates are not opened. The legislation is carefully worded to leave no doubt as to when women can use their right to have a pregnancy medically terminated. The cases stated are: if the life of the mother is at risk due to the pregnancy; if a prenatal diagnosis detects a serious, incurable disease in the unborn child; or if the pregnancy is as a result of rape, including cases of domestic violence.
Whether or not the new law will lead to a significant demand for abortions is yet to be seen. However, the rights of the pregnant woman is now embedded in the law. Developing nation
Since the early 1950s, Monaco has adopted a number of social policies including social welfare support, family allowances, assistance to young married couples, and maternity leave to promote the welfare of families and children.

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