Abortion Ban Will Go Or Stay? Europe’s San Marino All Set For Historic Referendum On 1865 Law

On September 26, San Marino will hold a referendum to overturn an 1865 law that bans abortion even if the pregnancy is a result of rape, or risks the mother’s life

A man looks at pro- and anti-abortion campaign posters in San Marino ahead of the September 26 referendum | Photo: AFP

New Delhi: In Europe’s San Marino, a tiny mountainous enclave inhabited by a population of around 33,000, women are handed three years’ imprisonment if they terminate a pregnancy. And those carrying out an abortion face up to six years’ jail term, according to a law in effect since 1865.

But this could change now, those fighting for an end to total ban on abortion are hoping. San Marino will hold a referendum on September 26 to overturn the over 150-year-old law, news agency Reuters reported.

San Marino, a landlocked enclave surrounded by Italy, is one of the few countries in Europe — other than the Vatican, Malta and Andorra — where ending a pregnancy is still considered illegal. Neighbour Italy gave nod to legal abortion 43 years ago. 

At a time when a US state and countries like Poland have tightened their abortion laws, the predominantly Catholic state of San Marino is set to decide if ending a pregnancy within 12 weeks should be allowed.

According to the Reuters report, San Marino has seen very slow social progress, especially when it comes to women’s rights.

The women there could not vote until 1960, and have been holding political office only since 1974. Even divorce was not legalised until 1986.

Poster War Ahead Of Referendum

Ahead of the referendum, pro-choice posters have come up on billboards across the state, according to a report by news agency AFP.

"Vote 'Yes' for freedom of choice, and come out of hiding," reads one of the banners, according to the report.

"We must put an end to the hypocrisy of sending women across the border (to abort),” AFP quoted Vanessa Muratori, a member of the San Marino Women's Union, as saying.

In 2003, her feminist association had presented a bill before San Marino's legislative council to legalise abortion, but received only two votes in favour and 16 against, Reuters reported.

The pro-choice supporters are still staring at a tough fight.

A good number of the local population still favours a total ban on abortion, even if the pregnancy is a result of rape, risks the mother's life, or there are severe foetal abnormalities.

The AFP report listed the messages on anti-abortion posters, one of which read: "I'm a child even at 12 weeks, save me!" 

Another featured a child with Down's Syndrome: "I'm an anomaly, does that mean I have fewer rights than you?"

A ‘Yes’ vote on Sunday will allow abortion up to the 12th week, and after that if the mother's life is in danger, or there is foetal impairment, the report said.

Abortion Laws In Other Countries

• It was the British Overseas Territory of Gibraltar that saw Europe's last referendum on abortion. In June this year, Gibraltar voted to ease the existing laws.
• In 2018, Ireland legalised abortion in a referendum that made big news worldwide. It was Indian-origin 31-year-old dentist Dr Savita Halappanavar’s death in 2012 from septicemia, an infection she contracted after being denied an abortion during a miscarriage, that gave momentum to Ireland’s campaign for abortion rights.
• Abortion is legal across the UK, after Northern Ireland made changes in its law.
• Italy made abortion legal in 1978 for women seeking to end pregnancies in the first 90 days. It also allows for an abortion after 90 days if there is serious fetal imparment or if the pregnancy risks the mother’s life or health.
• Poland has a near-total ban on abortion, which took effect in January 2021 as the country tightened the laws. It now allows abortion only in cases of rape or incest, or if the pregnancy threatens the mother’s life.
• Abortion is completely illegal in Europe’s The Vatican City.
• In Malta, a woman risks a jail sentence of up to three years if she terminates her pregnancy, even if it is a result of rape or it puts her health or life at risk. 
• In Latin America’s El Salvador, Nicaragua, and the Dominican Republic, there is a complete ban on abortions.
• India, which already had liberal abortion laws, amended it further earlier this year, and the new Medical Termination of Pregnancy (Amendment) Act 2021 says abortion can be performed until 24 weeks of pregnancy.