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

Abortion in the Russian Federation is allowed at the legislative level. These procedures are financed by the state budget. If the gestation period is 12 weeks, the abortion is performed at the request of the woman. If the duration of the period is 12-22 weeks, the procedure is performed in case of ascertaining the fact of rape. At any time, the pregnancy can be interrupted due to medical conditions.

Historical reference

The prohibition of abortion in the USSR was lifted in 1920. The Soviet Union became the first country in the world to allow this procedure on an official level. In the UK, for example, such a decision was made in 1967, in the United States in 1973, in West Germany in 1976, and in France in 1975. In the Union, the prohibition of abortion was introduced again in 1936. An exception was the termination of pregnancy for honey. Indications. However, in many cases the procedure was carried out illegally. The prohibition of abortion in Russia was in effect until 1955.

Dynamics

According to statistics, since 1980, the number of pregnancy interruptions in the country is declining every year. Nevertheless, overall indicators remain quite high. As studies have shown, abortion, as an instrument for regulating the time and number of births of children, gives way to the use of modern means of contraception. This trend is primarily observed among the younger generation.

Modern realities

The concept of "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 assistance that are covered by insurance services. This means that any citizen of the country has the right to apply to the medical institution for the procedure at the expense of the state budget. In accordance with the Fundamentals of Health Legislation, every woman has the opportunity to decide on her own issue independently.

Specificity

Termination of pregnancy by artificial means with a term 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 the medical institution for 8-10 weeks. - not earlier than 7 days. The government decree lifted the prohibition of abortions on terms 12-22 if the pregnancy was a result of rape. If there is a medical indication, the procedure is performed regardless of the length of the period and the consent of the woman.

Nuances

Medical workers have the right to refuse to carry out termination of pregnancy on personal beliefs. The exception is when abortion is required by the indications, or there is no possibility to replace the doctor. If an adult citizen was found incompetent, the termination of pregnancy is permitted forcibly by a judicial decision. Such a decision is made on the basis of a statement submitted by a woman's representative. Since July 1, 2014, a fine has been imposed for illegally conducting the procedure. It is classified as an administrative violation.

Attitude of the state and society

At different times there was a different opinion on the termination of pregnancy by artificial means. The attitude of the state and society depends on the features of the political structure, social, economic conditions in the country, the density and number of citizens, religious beliefs. In the 15-18 centuries. For the etching of the fruit with the use of a potion or when applying to a grandmother-midwife a woman applied penance for 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 mitigated the sanctions. Under the Penalty Regulations of 1845, the termination of pregnancy was equated with infanticide. At the same time, the women themselves and those who promoted the procedure were recognized as guilty. As punishment, penal servitude for 4-10 years was established for a doctor referring to Siberia, placing a woman in a correctional facility for 4-6 liters. According to Art. 1462 Units, the perpetrators, who violated the prohibition of abortion, under the successful outcome of the operation were subjected to deprivation of the condition and direction to remote places. If the interruption of pregnancy caused harm to a woman's health, then the person who carried it out would face 6-8 years of hard labor. In this case, the presence of he medical education was considered as an aggravating circumstance.

Changes in regulatory enactments

Before the revolution, a law was passed on the prohibition of abortions, according to which, the mother, guilty of killing the fetus, threatened up to three years of imprisonment in the correctional home. A similar punishment was envisaged for any person who assisted in the procedure. In this case, if the person who violated the law on the prohibition of abortion, was a midwife or doctor, the court could deprive them of the opportunity to practice for a period of up to five years and promulgate their sentence. The punishment was provided for third parties, even if they participated in the procedure or preparing for it with the consent of the pregnant woman. All the accomplices were brought to justice, delivering the necessary tools and means for killing the fetus. If the interruption occurred without the consent of the woman, the guilty persons were punished with 8 years of hard labor. For inadvertent abortion, no liability was foreseen.

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 the time, this attitude gave rise to a rapid increase in the number of illegitimate children. This led to the need to lift a complete ban on abortion. As a result, all women who wish could interrupt their pregnancy free of charge in a special institution.

Decree of 1920

Interruption of pregnancy was allowed only in the public hospital and exclusively by a doctor. To conduct the procedure, it was enough to have the consent of the citizen. For health reasons, she was entitled to:

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

Abortions were allowed on social status. The procedure also had the right:

• They have many children.
• Single mothers.
• People in need.
• The raped.
• Not having enough living space.
• Seduced in a state of intoxication.
• Fearful motherhood.
• Experiencing dislike for her husband.
• Citizen, often forced to move, etc.

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

• Certificate of pregnancy.
• Certificate of marital status.
• The document on salary.
• Conclusion about the disease.

Restrictions

In 1925, there were approximately 6 cases of abortions per 1,000 citizens living in large cities. The pre-emptive right to perform the procedure was used primarily by factory workers and factories. Nevertheless, soon the period of legalization of termination of pregnancy is over. The state gradually extended its control to all areas of society. By 1930, power had infiltrated the sphere of procreation. In 1926, a bill was approved to ban abortion for women who became pregnant for the first time, and also conducted the procedure less than six months ago. In 1930, a payment was introduced for the operation. By 1931 the procedure cost approximately 18-20 rubles, in 1933 - 2-60 rubles, in 1935 - 25-300 rubles. In the 1970's and 80's. A woman who received 80-100 rubles, paid 50 rubles for an abortion. The procedure could be performed free of charge by patients with tuberculosis, schizophrenia, epilepsy, and also having congenital heart disease.

The fall of the birth rate

The increase in the number of procedures for the artificial termination of pregnancy took place in parallel with the deteriorating demographic situation in the country. Already after 4-5 years after the legalization of operations, the birth rate began to decline rapidly. In this connection, a draft ban on abortion was introduced. In 1936 it was approved. Now, for breach of orders, criminal responsibility was threatened. Nevertheless, the termination of pregnancy was allowed according to the indications. By introducing a ban on abortion, the initiators hoped to improve the demographic situation. Since contraceptives at that time were not used because of their absence, this measure really contributed to an increase in the birth rate. But along with this, the key sector of the shadow economy has become illegal operations. Criminal abortion, thus, became the norm. Due to the fact that the operations were often conducted by people who did not have a special education, women in many cases became barren. In the event of complications, such citizens could not apply to the state clinic, since the doctor was supposed to bring it to the competent structures. As a result, the law on the prohibition of abortion in Russia not only failed to increase the birth rate, but also led to an even greater reduction in the birth rate.

Decree of 1955

The Presidium of the Supreme Soviet of the USSR lifted the existing ban by its resolution. In accordance with the approved Decree, the procedure was allowed to all women who had no contraindications to it. The resolution allowed operations only in specialized medical institutions by doctors. The bill on the prohibition of abortions in private clinics continued to operate. Violators of orders were threatened with criminal liability. In particular, the doctor could be deprived of freedom for a period of up to a year, and if the patient died in the operation - up to 8 years. In 1956, a special Instruction was issued regulating the procedure for performing operations. In 1961, the normative document was amended, which dealt with the issue of sheets of incapacity for work.

Documenting

Despite partial legalization of operations, the demand for private services persistently remained in the country. This was due to the fact that after the procedure the woman needed to stay in the medical institution for a while. At the end of this period, she received a sick leave, where the line "diagnosis" indicated "abortion." Not all citizens were eager to disclose the details of their lives. In this regard, many preferred private services. It should be noted that lawyers at that time discussed the possibility of replacing the diagnosis with "domestic trauma". This proposal was justified by the fact that, like abortion, it does not imply social compensation. This idea was nevertheless not realized in practice.

Situation in the late 20th century

In the early 1980's. Was extended the period in which it was allowed to interrupt pregnancy, to 24 weeks. In 1987, an abortion ban was lifted at week 28. In the latter case, certain conditions had to be observed for the operation. In particular, a woman was allowed to have an abortion if:

• My husband had 1 or 2 grams. Disability.
• The spouse died during the wife's pregnancy.
• The marriage was terminated.
• The spouse is in prison.
• The husband / wife or both are immediately deprived of parental rights or restricted in them.
• Pregnancy occurred after rape.
• The family has the status of having many children.

In 1989, vacuum aspiration was allowed - ambulatory surgery (mini-abortion). In 1996, the official period for abortion was officially reduced to 22 weeks. At the same time, they expanded the list of social indications to the procedure. The list includes:

• Lack of living space.
• Status of the migrant / refugee.
• Inadequate family income (below the subsistence minimum).
• Status of the unemployed.
• The unmarriage.

It should be said that the domestic laws regulating the sphere of abortion are considered one of the most liberal in the world.

Practice

From the existing normative acts, an article was removed that regulates the prohibition of abortions in private clinics. Thus, the circle of subjects that can provide services for abortion was widened. Dilation and curettage are the main methods of the procedure. This method is considered obsolete by WHO. Nevertheless, according to Rosstat, in 2009, its share among all abortion operations in public health facilities was 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, statistics are the reverse. Medical abortions are used in 70% of cases.

Statistical data

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

Interruption of pregnancy and demography

Reducing the number of abortions, although slow, but quite stable today. It occurs against the background of a planned increase in the birth rate in the country. In 2007, the annual number of births exceeded the number of abortions. At the same time, the gap tends to increase. Nevertheless, specialists note that there is no direct connection between the number of operations and the increase in the birth rate. For example, from 1990 to 1993, the rates declined simultaneously. According to the results of recent studies, factors of sexual activity and marriage have a key role in containing fertility. Many women, being at reproductive age, do not aspire to become mothers because they do not have a permanent partner.

Public response

There are associations in the country that are in favor of banning abortions. Russia is a democratic country, striving to ensure the preservation of freedoms and human and citizen rights. Therefore, public speeches, the expression of certain points of view is welcomed in the country. In most cases, citizens retain a neutral position. In general, the population does not seek to join the movement to ban abortion, but many believe that such procedures negatively affect the health of women. Some citizens support the introduction of certain restrictions. According to the results of studies conducted by the Levada Center, in 2007, 57% of the compatriots were against the prohibition of abortion. By 2010, their number decreased to 48%. At the same time, in three years the number of supporters for the resolution of operations exclusively for medical reasons increased from 20 to 25%. Strong adherents of the prohibition of abortions became more by 1%. In 2011, the State Duma considered the application of measures to restrict the right to conduct operations. According to the Superjob portal, which conducted the survey, 91% of citizens support the introduction of mandatory information on the consequences of abortion, 45% favored sending women to listen to the heartbeat of a baby in the womb, 65% consider it appropriate to give the future mother a "week of silence" to ponder her decision. At the same time, 63% of respondents believe that the introduction of a requirement to grant permission from the husband for the procedure will lead to an increase in the number of illegal transactions among married women, 53% were against abortion from the list of free medical services.

Amendment to the normative act from Samara deputies

In 2013, the initiative group introduced a project on which it was intended to amend Art. 35 FZ, which regulates the procedure of compulsory medical insurance. According to the proposed amendment, abortion is excluded from the list of services provided free of charge. The exception is when pregnancy threatens the life of a woman. But the bill was returned to the deputies, due to non-compliance with the provisions of Part 3 of Art. 104 of the Constitution and art. 105 Regulations of the State Duma. The Samara deputies did not receive an opinion from the government. They did not make any other attempts to amend them.