Prohibition of abortion. The bill on the prohibition of abortion in Russia

Abortions in the Russian Federation are allowed at the legislative level. These procedures are financed by the state budget. If the gestational age is 12 weeks, an abortion is performed at the request of the woman. If the length of the period is 12-22 weeks, the procedure is carried out in the event of the establishment of rape. At any time, the pregnancy may be interrupted for medical reasons.

prohibition of abortion

Historical reference

The ban on abortion in the USSR was lifted in 1920. The Soviet Union became the first country in the world to allow this procedure at the official level. In Great Britain, for example, such a decision was made in 1967, in the USA in 1973, in West Germany in 1976, and in France in 1975. In the Union, the prohibition of abortion was introduced again in 1936. The exception was the termination of pregnancy by honey. indications. However, in many cases, the procedure was carried out illegally. The ban on abortion in Russia lasted until 1955.

Dynamics

According to statistics, since 1980 the number of abortions in the country has been declining every year. Nevertheless, overall performance remains fairly high. As studies have shown, abortion, as an instrument for regulating the time and amount of birth of children, is losing ground to the use of modern contraceptives. This trend is primarily observed among the younger generation.

Modern realities

The term "abortion" from a medical point of view is referred to as "miscarriage." It can be spontaneous or artificial. Abortion is included in the list of types of medical care covered by insurance services. This means that any citizen of the country has the right to contact a medical institution for the procedure at the expense of the state budget. In accordance with the Fundamentals of legislation governing the health sector, every woman is given the opportunity to independently resolve the issue of her motherhood.

Specificity

The termination of pregnancy by artificial means for a period of up to 12 weeks., As mentioned above, is carried out at the request of a citizen. At the same time, at 4-7 and 11-12 weeks, the procedure is carried out no earlier than 48 hours after contacting a medical facility, for 8-10 weeks. - not earlier than 7 days. A government decree lifted the ban on abortion for periods of 12-22 if the pregnancy was the result of rape. In the presence of medical indications, the procedure is performed regardless of the length of the period and with the consent of the woman.

abortion ban law

Nuances

Health workers have the right to refuse to terminate a pregnancy for personal reasons. An exception is when abortion is necessary according to indications, or it is not possible to replace a doctor. If an adult citizen was declared legally incompetent, termination of pregnancy is allowed by forced court decision. Such a decision is made on the basis of an application submitted by a woman’s representative. Since July 1, 2014, a fine has been established for the illegal conduct of the procedure. It qualifies as an administrative violation.

The attitude of the state and society

In different eras, there was a different opinion on abortion artificially. The attitude of the state and society depends on the characteristics of the political system, social, economic conditions in the country, density and number of citizens, and religious beliefs. In the 15-18 centuries. for etching the fetus using a potion or when referring to a midwife, a woman was superimposed penance of 5-15 liters. In the second half of the 17th century. Emperor Alexei Mikhailovich approved a special Law on the Prohibition of Abortion. For his violation, the death penalty was established. Peter the Great in 1715 relaxed the sanctions. According to the Regulation on punishments of 1845, termination of pregnancy was equated to infanticide. At the same time, the women themselves and those who contributed to the implementation of the procedure were found guilty. As punishment, hard labor for 4-10 years was set for a doctor with a link to Siberia, a woman was placed in a correctional facility for 4-6 years. According to Art. 1462 The guilty parties that violated the prohibition of abortion, upon successful outcome of the operation, were deprived of their condition and sent to remote places. If the termination of pregnancy caused harm to the woman’s health, then the person who carried it out was threatened with 6-8 years of hard labor. Moreover, the presence of his medical education was considered as an aggravating circumstance.

abortion ban movement

Changes in regulations

Before the revolution, the law on the prohibition of abortion was passed, according to which, the mother guilty of killing the fetus would face up to three years in prison in a correctional house. A similar penalty was provided for any person who assisted in the procedure. Moreover, if a midwife or a doctor was a person who violated the law on the prohibition of abortion, the court could deprive them of the opportunity to practice for a period of up to five years and publish their sentence. Punishment was provided for third parties, even if they participated in the procedure or preparation for it with the consent of the pregnant woman. All accomplices who delivered the necessary tools and means to kill the fetus were brought to justice. If the interruption occurred without the consent of the woman, the perpetrators were punished with 8 years of hard labor. There was no liability for careless abortion.

The situation after the revolution

With the coming to power of the Bolsheviks, free love began to be perceived as one of the key conditions for the emancipation of women. In the absence of contraceptives at that time, this attitude gave rise to a rapid increase in the number of illegitimate children. This led to the need to remove the complete prohibition of abortion. As a result, all interested women could terminate their pregnancy free of charge in a special institution.

Decree of 1920

Abortion was allowed only at a state hospital and exclusively by a doctor. For the procedure, the consent of the citizen was enough. For health reasons, they had the right to:

  • Mentally ill.
  • Nursing mothers (until the child reaches 9 months.).
  • Patients with acute renal inflammation, syphilis, heart disease, tuberculosis 2 and 3 tbsp.
    abortion ban bill

Social abortion was allowed. The following were also entitled to the procedure:

  • Large families.
  • Single mothers.
  • People in need.
  • Raped.
  • Not having enough living space.
  • Seduced intoxicated.
  • Afraid of motherhood.
  • Those who dislike her husband.
  • Citizens often forced to move, etc.

However, in 1924 a special circular was approved. He limited the possibilities of women. So, from that moment on, citizens had to grant special permission. It was issued on the basis of such documents as:

  • Certificate of pregnancy.
  • Certificate of marital status.
  • Salary document.
  • The conclusion about the disease.

Introduction of restrictions

In 1925, there were approximately 6 cases of abortion per thousand citizens living in large cities. The preemptive right to perform the procedure was enjoyed primarily by workers at factories and plants. Nevertheless, soon the period of legalization of termination of pregnancy ended. The state gradually extended its control to all areas of society. By 1930, power had penetrated the sphere of childbearing. In 1926, a bill was approved to prohibit abortion for women who became pregnant for the first time, and who performed the procedure less than six months ago. In 1930, a fee was introduced for the operation. By 1931, the procedure cost approximately 18-20 p., In 1933 - 2-60 p., In 1935 - 25-300 p. In the 1970-80s a woman who received 80-100 p. paid 50 rubles for an abortion. Patients with tuberculosis, schizophrenia, epilepsy, as well as those with congenital heart disease could have a free procedure.

Fertility decline

The increase in the number of procedures for artificial termination of pregnancy took place in parallel with the deterioration of the demographic situation in the country. After 4-5 years after the legalization of operations, the birth rate began to decline rapidly. In this regard, a draft ban on abortion was tabled for discussion. In 1936 he was approved. Now, for violation of the regulations threatened with criminal liability. Nevertheless, termination of pregnancy was allowed according to indications. By introducing a ban on abortion, the initiators hoped for an improvement in the demographic situation. Since contraceptives were not used at that time because of their absence, this measure really contributed to an increase in the birth rate. But along with this key sector of the shadow economy became illegal operations. Criminal abortions have thus become the norm. Due to the fact that operations were often carried out by people who did not have a special education, women in many cases became infertile. In the event of complications, such citizens could not go to the state clinic, since the doctor had to inform her of the competent authorities. As a result, the law on the prohibition of abortion in Russia not only did not contribute to an increase in the birth rate, but also led to an even greater reduction in it.

abortion ban law passed

Decree of 1955

The Presidium of the USSR Armed Forces with its resolution lifted the current ban. In accordance with the approved Decree, the procedure was allowed to all women who did not have contraindications to it. The decision allowed operations exclusively in specialized medical facilities by doctors. The bill on the prohibition of abortion in private clinics continued to apply. Violators of the regulations were threatened with criminal liability. In particular, the doctor could be imprisoned for up to a year, and if the patient died during the operation - up to 8 years. In 1956, a special Instruction was issued regulating the order of operations. In 1961, amendments to the regulatory document related to the issuance of disability certificates.

Documenting

Despite the partial legalization of operations, the demand for private services persisted in the country. This was due to the fact that after the procedure the woman needed to be in the medical facility for some time. At the end of this period, she received a sick leave, where the line “diagnosis” indicated “abortion”. Not all citizens sought to disclose the details of their lives. In this regard, many preferred private services. It should be noted that lawyers at that time were discussing the possibility of replacing the diagnosis with “domestic injury”. This proposal was justified by the fact that, like abortion, it does not imply social compensation. This idea, however, was not implemented in practice.

The situation at the end of the 20th century

In the early 1980s. the term in which it was allowed to terminate the pregnancy was increased to 24 weeks. In 1987, the abortion ban was lifted at week 28. In the latter case, certain conditions had to be met for the operation. In particular, a woman was allowed to have an abortion if:

  • My husband had 1 or 2 grams. disability.
  • The husband died during the pregnancy of his wife.
  • The marriage was dissolved.
  • Spouse or spouse resides in places of detention.
  • Husband / wife or both are immediately deprived of parental rights or limited in them.
  • Pregnancy came after rape.
  • The family has the status of a large family.

In 1989, vacuum aspiration was allowed - outpatient surgery (mini-abortion). In 1996, the term for terminating a pregnancy was officially reduced to 22 weeks. At the same time, we expanded the list of social indications for the procedure. The list includes:

  • Lack of living space.
  • Immigrant / Refugee Status.
  • Insufficient family income (below the subsistence minimum).
  • Unemployed status.
  • Non-marriage.
    private abortion ban bill

It should be said that domestic laws governing the field of abortion are considered the most liberal in the world.

Practice

The article regulating the prohibition of abortion in private clinics was removed from the current regulatory acts. Thus, the range of entities that can provide abortion services has been expanded. The main method of the procedure is dilatation and curettage. This method has been deprecated by WHO. Nevertheless, according to Rosstat, in 2009 its share among all abortion operations in state medical institutions amounted to 70%. Moreover, safer methods - vacuum aspiration and medical abortion - are used only in 26.2% and 3.8% of cases, respectively. Meanwhile, in non-state institutions the statistics are the opposite. Medical abortions are used in 70% of cases.

Statistical data

According to observations, since 1990 the total number of abortions in the country is gradually decreasing every year. So, for example, in 2012, 1,063,982 cases were recorded, and in 2013 - already 1,012,399. However, the calculations are complicated by the fact that official statistics take into account not only cases of artificial, but also spontaneous interruption. In addition to Rosstat, research results are published by the Ministry of Health. However, the information of the latter is less voluminous. The statistics of Rosstat takes into account not only information on medical institutions subordinate to the Ministry, but also on other departments and departments, as well as on private hospitals. The vast majority of operations are accounted for by government agencies (up to 90%). Private clinics carry out about 8% of procedures. As a rule, abortion is done by married women who already have 1-2 children. Statisticians also note an increase in the average age of women visiting institutions from 28 to 29.37 years. Experts explain this by increasing the literacy rate of the younger generation, which often uses modern contraceptives. This, in turn, has a beneficial effect on the family planning process.

Abortion and demography

The decrease in the number of abortions, although slow, is quite sustainable today. It occurs against the background of a systematic increase in the birth rate in the country. In 2007, the annual number of births exceeded the number of abortions. Moreover, the gap tends to increase. Nevertheless, experts note the absence of a direct relationship between the number of operations and the birth rate increase. For example, from 1990 to 1993, indicators decreased simultaneously. According to recent research, factors of sexual activity and marriage are key in controlling fertility. Many women in their reproductive years do not seek to become mothers because they do not have a permanent partner.

the law on the prohibition of abortion in Russia

Public response

The country has associations that advocate a ban on abortion. The Russian Federation is a democratic country, striving to ensure the safety of freedoms and human and civil rights. Therefore, public statements, the expression of certain points of view are welcome in the country. In most cases, citizens remain neutral. In general, the population does not want to join the movement to ban abortion, however, while many believe that such procedures adversely affect women's health. Some citizens support the introduction of some restrictions. According to the results of studies conducted by the Levada Center, in 2007, 57% of compatriots were against the prohibition of abortion. By 2010, their number was reduced to 48%. At the same time, over the past three years, the number of supporters of permitting operations solely for medical reasons has increased from 20 to 25%. Convinced supporters of the prohibition of abortion has increased by 1%. In 2011, the State Duma considered the application of measures to limit the right to conduct operations. According to the Superjob portal, which then conducted a survey, 91% of citizens support the introduction of mandatory reporting of the consequences of abortion, 45% favored sending women to listen to the baby’s heartbeat in the womb, 65% consider it appropriate to provide the future mother with a “week of silence” to consider her decision. At the same time, 63% of the respondents believe that the introduction of the requirement to grant permission from the husband to carry out the procedure will lead to an increase in cases of illegal operations among married patients, 53% were against the exclusion of abortion from the list of free medical services.

Amendment to the regulatory act from the Samara deputies

In 2013, the initiative group introduced a draft, according to which it was supposed to amend Art. 35 Federal Law governing the procedure for compulsory medical insurance. According to the proposed amendment, abortion is excluded from the list of services provided free of charge. The exception is cases when pregnancy threatens the life of a woman. But the bill was returned to the deputies due to non-compliance with the requirements of part 3 of art. 104 of the Constitution and Art. 105 Regulations of the State Duma. Samara deputies did not receive an opinion from the government. They made no other attempt to amend.

Source: https://habr.com/ru/post/F8093/


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