After the referendum of September 2021 and while part of the world retreat in terms of women’s reproductive health rights, a beacon of hope opens in the middle of Italy (but unfortunately not in Italy, as we all know): a San Marino abortion will no longer be a crime. Before the text of the law approved by the San Marino parliamentary body, the Great and General Councilabortion was punishable by a sentence that could go from six months to three years in prison for the woman who was undergoing voluntary termination of pregnancy and up to six years for the doctor who performed it.

Report by Valerio Lo Muzio and Valentina Ruggiu

The referendum

September 2021, San Marino: after 18 years of struggle to decriminalize abortion, al referendum for the approval of the drafting of a law ad hoc recording a turnout of 41% and to be favorable they are The 77.3% of voters. In San Marino the legislation in this regard was particularly serious on the shoulders of women, before the law finally approved in the last hours: abortion was considered illegal and not allowed either in cases of rape, malformation of the fetus and life threatening for the pregnant woman. The referendum in question was of type propositivealso called address: this means that its purpose was not limited to voting, but that it should also have taken care of directing towards principles and criteria specify the San Marino parliament in drafting the text of the law.

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What does the text of the law provide?

First of all, it will be possible to have an abortion within twelve from the date of conception “without the obligation to provide any week”. However, if necessary in case of danger to the health of the woman, abnormalities of the fetus found after twelve weeks, rape or incest, the voluntary termination of pregnancy can also be carried out at a later time.
However, it is not only about abortion in the text of the law, but also about sex education, right to information on the subject and protection of the dignity of women. The law, in fact, provides for the creation of counseling centers where they can go to ask for underage girls morning-after pill without the need for parental authorization or a prescription; an important part of the law is dedicated to sexual education, in fact, which will be included in the schools and the imputability of those who, in order to dissuade the woman from resorting to abortion, will spread false or partial information.

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The document also promotes several measures in order to avoid that conscientious objection you become a get in the way for the woman. The Social Security Institute will have the obligation to “specific contract in agreement with non-objecting professionals“. At the same time, the prohibition for conscientious objector staff to perform voluntary termination of pregnancy out of the hospital e freelance.

The intervention of the Union of San Marino Women

The association UDS, Union of San Marino Women, it proved to be of fundamental importance in the creation of the law and in its correct drafting. In fact, there have been changes compared to the latest version of the text released in July, including “the elimination of the sentence that affirmed the protection of human life from its beginning”, as he explains the president of the Union Karen Pruccoli in an interview for the Post. The comments of the association are of joy and satisfaction, but it is nevertheless reiterated what this law is just a starting point: one of the future goals is to pass through a previously rejected amendment that makes passing through the consultation to request an abortion optional. At the moment, in fact, anyone who decides to have an abortion within 12 weeks is forced to have a remote meeting with the doctors of the institute.