1. Skip to content
  2. Skip to main menu
  3. Skip to more DW sites

Abortion in Portugal

DW staff / AFP (sp)February 12, 2007

Portugal's Prime Minister Jose Socrates vowed Sunday to legalize abortion after voters backed the move in a referendum even though turnout was not high enough to make it binding.

https://p.dw.com/p/9q1q
Pro-choice activists handed out campaign leaflets with the word "Yes" in downtown LisbonImage: AP

Nearly 60 percent of those who cast ballots in the predominantly Roman Catholic country approved a government proposal to give all women the right to an abortion up to the 10th week of pregnancy, according to official final results.

"The results of this referendum are clear, it proves that the Portuguese people want to turn the page on the question of abortion," Socrates said.

But turnout in Portugal's second referendum on its abortion law in less than a decade was 43.6 percent, below the 50 percent threshold needed to make the ballot legally binding.

Socrates pledged his Socialist government will now use its parliamentary majority to legalize abortion.

Portugal abortion laws among most restrictive in EU

Abortion is currently allowed in Portugal only in cases of rape, a malformed fetus or if the woman's well-being is in danger. A woman can be jailed for up to three years for having an illegal abortion while those who perform them face up to eight years behind bars.

Within the 27-nation European Union only Ireland, Malta and Poland have abortion laws that are similar or even more restrictive.

Neuwahlen in Portugal angekündigt - Jose Socrates
Jose Socrates believes the yes vote will lead to a more tolerant PortugalImage: dpa

Socrates, elected in a landslide in 2005, said the new law would be modeled on legislation in place in other European nations and would require a reflection period before an abortion can be carried out.

"It is my sincere conviction that with the result of this referendum Portugal has taken another step in the creation of a society that is more open, tolerant and just," he said.

Catholic Church opposed to easing law

Opposition to change was led by the influential Catholic church which argued the government should do more to help women to have children instead of easing abortion restrictions.

One priest threatened Catholics who voted to ease the law with excommunication from the church. The Bishop of the northern city of Braganca likened abortion to the execution of former Iraqi leader Saddam Hussein.

More than 90 percent of Portugal's population of 10.6 million identify themselves as being Roman Catholic although, as in other Catholic countries, regular church attendance is on the decline.

In a referendum held in 1998 voters upheld the existing abortion law by a whisker but the result was declared void as nearly seven out of 10 voters stayed away.

During the last referendum the Socialists were split with then prime minister, Antonio Guterres, publicly opposed to the abortion law being changed.

A "national shame"

Socrates by contrast has backed liberalization at rallies across the country and this time it was the main opposition centre-right Social Democrats that was divided on the issue. The party did not adopt an official position.

Schwangere Fraumit Ultraschallbild
Experts say backstreet abortions in Portugal are riskyImage: BilderBox

Since the last referendum, several trials of women charged with illegally terminating their pregnancies were held that generated

widespread public sympathy for the women. Analysts said this helped boost support for reform.

During the campaign Socrates called backstreet abortions a "national shame" and cast the referendum as a test of Portugal's readiness for progress.

Pro-abortion groups estimate that some 10,000 women are hospitalized, and several die every year from complications arising from botched backstreet abortions.

Anti-abortion groups contest the figure.