After years of failed attempts and legislative proposals yes in the void, San Marino is finally saying to the decriminalization of abortion. With 77.28% of the votes in favor, against 22.7% against. A historic milestone impossible to ignore. Recall that San Marino is in fact one of the very few countries in Europe, together with Malta, Gibraltar, Andorra and the Vatican City, in which terminating a pregnancy is a crime, even in the case of rape or serious fetal formations.
The referendum on the decriminalization of abortion would finally question the penal code which has remained unchanged since 1865. In fact, the text foresees in article 153 and 154 a penalty of between three and six years of imprisonment for every woman who aborts and for every person who helps her and procures the abortion. In fact, to have an abortion, many women are forced to go around Italy in secret and pay for the procedure out of their own pockets. The referendum was achieved thanks to the mobilization of the feminist group Union of San Marino Women (Uds) and the support of the Movimento Civico RETE
What exactly does the referendum say
The referendum proposal emphasizes on the one hand the self-determination of the woman, that is the possibility of freely deciding whether the possibility of pregnancy within the week of gestation. On the other hand, it provides for therapeutic abortion, or the possibility of aborting even after the twelfth week. This is in case of danger to the life of the woman or in the presence of anomalies and malformations of the fetus that pose a serious risk to the physical or psychological health of the woman..
As had happened during the precedents of decriminalization of abortion, anti-abortion campaigns were also activated on this occasion by Catholic associations and local dioceses. In turn supported by the Christian Democratic Party. Recently, a committee against the referendum called “One of us” was born and it was denounced by UDS. The committee, in fact. he violated the rules for the electoral campaign, which had the right to vote only fifteen days earlier.
Now, with the victory of the yes, the Congress of State called will be to draft a bill within six months aimed at regulating the voluntary interruption of pregnancy in the San Marino territory.
In detail, the Regency, having received the draft law, will send it to the Guarantor College of the constitutionality of the rules so that it is first on the compatibility of the proposal. The Congress of State will deposit the bill to the Bureau of the Great and General Council which will place it on the agenda of the first useful session.
The situation of clandestine abortion in Italy
Legal is not synonymous with accessible, unfortunately. Recall that in 2021 clandestine abortions in Italy are still 10,000-13,000 per year. Aided by a system that allows too many objectors in hospitals. But not only that, when a woman decides to have an abortion she always finds herself having to deal with a climate that is still very paternalistic and of strong judgment.
Women will always find a way to have an abortion. A woman is risking her life not to have a child, just as it is risking her life to have a child. There is no difference.