Towards the total decriminalization of abortion in the Principality of Monaco?

The political moment was historic, so much so that the usually almost deserted aisles of the National Council were relatively crowded this Thursday evening. Every elected official's speech, with the exception of one, concluded with a round of applause.

The same was true at the end of the adoption of the text examined in the Chamber: bill No. 267 aimed at completely decriminalizing voluntary termination of pregnancy (IVG) and, thus, allowing Monegasque health practitioners to perform this medical procedure in the Principality without fear of criminal prosecution. "A significant step forward for women's rights," the elected representatives enthused.

"A hypocrisy"

If the text is transformed into a bill by the Prince's government – ​​it has 6 months to make its decision – the Principality would thus remove the final legislative barrier on this sensitive and divisive issue, especially in a country where Catholicism is the state religion and where the Archbishop, Mgr Dominique-Marie David, had reaffirmed the Church's unfavorable position on this subject.

And it would put an end to the current situation, which the President of the National Council, Thomas Brezzo, considers "ambiguous, unfair and, frankly, downright hypocritical." "We could no longer continue to turn a blind eye when a young woman, whose suffering is unknown, crosses the street to have an abortion," he believes.

Because, in fact, although the Principality has not prohibited women from terminating their pregnancies since 2019, Monegasque doctors still face a prison sentence of 5 to 10 years if they perform an abortion, except for two compelling medical reasons or if the pregnancy results from rape (see next page) .

Thus, for any reason other than these three cases, women are forced to do it in France or Italy, without possible reimbursement from Monegasque social organizations and therefore with a certain financial cost to bear. "Access to a safe abortion with decent medical monitoring must be possible for all, if they wish, in their country. The elected representatives propose, this evening, to move forward," declared Béatrice Fresko-Rolfo, first signatory of the text.

What measures in the text?

So, in concrete terms, what measures does the proposed law amending Article 248 of the Monegasque Penal Code provide?

Abortion would be permitted, at the request of the pregnant woman and without her having to justify a particular reason, up to the twelfth week of pregnancy (i.e. 14 weeks of amenorrhea). This is a legal deadline adopted by many European countries, but which remains below the legal provisions in force in France and Spain (14 weeks, i.e. 16 weeks of amenorrhea). "After this deadline, it will remain prohibited and punishable as an abortion," reports Christine Pasquier-Ciulla, president of the Committee on Women's Rights, Family and Equality.

Furthermore, the reform plans to impose a three-day reflection period between the request for an abortion and its completion, in order to guarantee an informed choice. It also plans to extend the abortion period from 12 to 16 weeks in the case of a pregnancy resulting from a criminal act (rape), i.e., 18 weeks of amenorrhea. The text also provides for lowering the requirement of parental consent for minors from 18 to 15 years of age, the age of sexual consent in the Principality and the legal criterion for assessing the capacity to consent and, in fact, avoiding family pressure.

Finally, the principle of financial coverage of medical procedures by Monegasque social organizations is established.

"Climate of mutual listening" with the diocese

The reflection, conducted from March 2024 by the Commission, has since been informed by a comparative law study to understand the solutions adopted by other European jurisdictions, by a consultation of Monegasques (80% of whom were in favor of legislative changes on abortion) and, of course, by various consultations with Monegasque entities.

The text has also received broad support from obstetrician-gynecologists in the Principality, whether they work at the CHPG or in the city, but also from various associations fighting for women's rights, such as the Union of Monegasque Women and the She Can He Can association.

In her report, Christine Pasquier-Ciulla assures that "the discussions with the diocese were rich and took place in a climate of mutual listening."

"While respecting the position of the Church, I nevertheless affirm that religion cannot be used as a brake on the freedom of women over their own bodies," believes Béatrice Fresko-Rolfo who, in the explanatory statement, had pointed out the delay in this matter of the Principality compared to its European neighbors, including in countries where the state religion is enshrined in the Constitution (England, Greece) or in nations where religious tradition is deeply rooted (Luxembourg, Ireland).

"As a last resort"

All elected officials nevertheless believe that abortion should be a "last resort." Several have pushed for the creation of a dedicated support structure to inform and support women and young people on issues of sexuality and contraception. "This neutral and caring place simply does not exist in our country," laments Mikaël Palmaro.

"Only good information will help reduce the number of unwanted pregnancies," adds Béatrice Fresko-Rolfo, before inviting her colleagues to vote for it, "not out of militancy but out of humanity, out of respect for individual freedoms and out of concern for social justice."

Everyone raised their hands, with the exception of Brigitte Boccone-Pagès, a minority representative, and Régis Bergonzi, a majority representative. Only the latter argued his position "against," earning him silence from the audience.