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Resolution 1607 (2008)
Access to safe and legal abortion in Europe
1. The Parliamentary Assembly reaffirms
that abortion can in no circumstances be regarded as a family planning
method. Abortion must, as far as possible, be avoided. All possible
means compatible with women’s rights must be used to reduce the
number of both unwanted pregnancies and abortions.
2. In most of the Council of Europe member states the law permits
abortion in order to save the expectant mother’s life. Abortion
is permitted in the majority of European countries for a number
of reasons, mainly to preserve the mother’s physical and mental
health, but also in cases of rape or incest, of foetal impairment
or for economic and social reasons and, in some countries, on request.
The Assembly is nonetheless concerned that, in many of these states,
numerous conditions are imposed and restrict the effective access
to safe, affordable, acceptable and appropriate abortion services.
These restrictions have discriminatory effects, since women who
are well informed and possess adequate financial means can often
obtain legal and safe abortions more easily.
3. The Assembly also notes that, in member states where abortion
is permitted for a number of reasons, conditions are not always
such as to guarantee women effective access to this right: the lack
of local health care facilities, the lack of doctors willing to
carry out abortions, the repeated medical consultations required,
the time allowed for changing one’s mind and the waiting time for
the abortion all have the potential to make access to safe, affordable,
acceptable and appropriate abortion services more difficult, or
even impossible in practice.
4. The Assembly takes the view that abortion should not be banned
within reasonable gestational limits. A ban on abortions does not
result in fewer abortions but mainly leads to clandestine abortions,
which are more traumatic and increase maternal mortality and/or
lead to abortion “tourism” which is costly, and delays the timing
of an abortion and results in social inequities. The lawfulness
of abortion does not have an effect on a woman’s need for an abortion,
but only on her access to a safe abortion.
5. At the same time, evidence shows that appropriate sexual and
reproductive health and rights strategies and policies, including
compulsory age-appropriate, gender-sensitive sex and relationships
education for young people, result in less recourse to abortion.
This type of education should include teaching on self-esteem, healthy
relationships, the freedom to delay sexual activity, avoiding peer
pressure, contraceptive advice, and considering consequences and
responsibilities.
6. The Assembly affirms the right of all human beings, in particular
women, to respect for their physical integrity and to freedom to
control their own bodies. In this context, the ultimate decision
on whether or not to have an abortion should be a matter for the
woman concerned, who should have the means of exercising this right
in an effective way.
7. The Assembly invites the member states of the Council of Europe
to:
7.1. decriminalise abortion
within reasonable gestational limits, if they have not already done
so;
7.2. guarantee women’s effective exercise of their right of
access to a safe and legal abortion;
7.3. allow women freedom of choice and offer the conditions
for a free and enlightened choice without specifically promoting
abortion;
7.4. lift restrictions which hinder, de jure or de facto, access
to safe abortion, and, in particular, take the necessary steps to
create the appropriate conditions for health, medical and psychological
care and offer suitable financial cover;
7.5. adopt evidence-based appropriate sexual and reproductive
health and rights strategies and policies, ensuring continued improvements
and expansion of non-judgmental sex and relationships information
and education, as well as contraceptive services, through increased
investments from the national budgets into improving health systems,
reproductive health supplies and information;
7.6. ensure that women and men have access to contraception
and advice on contraception at a reasonable cost, of a suitable
nature for them and chosen by them;
7.7. introduce compulsory age-appropriate, gender-sensitive
sex and relationships education for young people (inter alia, in
schools) to avoid unwanted pregnancies (and therefore abortions);
7.8. promote a more pro-family attitude in public information
campaigns and provide counselling and practical support to help
women where the reason for wanting an abortion is family or financial
pressure.