September 2018 - Decriminalising abortion in Belgium

Anne-Sophie Crosetti, Striges ("Maison des Sciences Humaines") and METICES

Béatrice Delvaux, editor-in-chief of daily newspaper Le Soir, published an op-ed entitled ‘Decriminalising abortion: a fraud’. Can you remind us, Anne-Sophie Crosetti, why the decriminalisation of abortion has raised such criticism and disappointment?

The 1990 law on abortion allowed it under certain conditions, while leaving it in the penal code. Although people were rarely prosecuted when these conditions were not met, the law symbolically made abortion an exception rather than a right, meaning it remained morally reprehensible. And today, after months of debates, abortion is still not a right in Belgium: those who have performed or received an abortion outside the conditions laid down in the law may still be criminally prosecuted. This means that abortion has not been ‘decriminalised’ in reality. The specific conditions have not changed much from the 1990 law to the 2018 law; many experts have called for a longer time limit for abortion than the current 12 weeks in Belgium —as is the case in the Netherlands and in the UK— , but they were not heard. As a result, 500 to 1,000 women must go abroad because it is too late to have the procedure done in Belgium. The new law has been very controversial because it is seen as paternalistic, blaming women, and moralising.

Was Belgium a pioneer in 1990?

No: back then, eighteen EU countries had already passed laws partially allowing abortion. In Belgium, the issue of abortion was discussed starting in the late 1960s, with strong divisions between communities and philosophies: debates lasted some twenty years, resulting in a ‘compromise’ law. The same is happening in 2018.

Is Belgium going in the opposite direction to Europe?

Not really: all of Europe is experiencing a return of conservative forces on abortion and, more broadly, all sex-related issues. In 2013, the Manif pour tous in France was already challenging the right to abort. Starting in 2015, Spanish minors need their parent's permission to request an abortion. In Portugal, women must pay all costs related to the procedure. In Italy, over 70% of physicians invoke their right to conscientious objection and refuse to perform abortions. So even though abortion is legal in 2018, actually getting the procedure done can be tricky.

The new abortion law has just been passed, and a new debate is now raging in the Belgian Parliament on the recognition of stillborn children.

That's right, and some observers even believe there was a quid pro quo: the law on abortion was voted under the condition that another law would be voted allowing parents to register stillborn children in the civil registry. Belgian law already provides for legal recognition of stillborn babies starting from the 180th day of pregnancy. The proposed law would move this to the 140th day, and include registration in the civil registry. But 20 weeks is also the period that many would like to see abortion extended to. The question of the foetus' legal status is an important one, and it has symbolic repercussions as it can increase feelings of guilt associated with getting an abortion. In Italy, for instance, the pro-life movement is creating foetus graveyards, complete with tombstones and engraved names.

In 1969 we could see slogans such as ‘my body is mine’ and ‘private life is political’. In 2019, the fight for women's rights still appears to be ongoing.

Yes. Of course, getting an abortion today is less dangerous than it was in the 1960s. And, fortunately, the position of women in society has improved in the past 50 years. Still, there are many fights left to be fought —as illustrated by the #MeToo movement— to solidify the rights of women with a variety of profiles and backgrounds; this is all the more important that we are experiencing a return of conservatism in Europe. In 2019, women and members of the LGBT community will make their voices heard.