Authors: Presented by student Azra Šukurica UniverSITY of montenegro Faculty of Law

Illegal termination of pregnancy Authors:Presented by student AzraŠukurica UniverSITY of montenegro Faculty of Law Student conference on Security and Safety in local communities, Podgorica, Montenegro, 9. 4. 2019 III.International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica, 9 April 2019

Human reproduction • Young women, pregnant women and mothers should have a continuous and high-quality approach to all types of health care • The growing phenomenon of the medicalization of pregnancy where standard diagnostic and control procedures become inevitable, even affect the free will of the pregnant woman • At the same time, there is a process of jurisdiction that marks an increasing number of regulations that follow medical procedures (laws, other acts, professional guides to practice)

Health and reproductive rights • Reproductive rights are a part of human rights, every individual and is based on the principles of human dignity and equality • The right to reproductive health, to found a family, to free parenting, to protection against sexual discrimination and to the protection against sexual abuse in connection with that • The right to be born a child (positive) and to prevent the birth of a child (negative); no one can guarantee posterity, so it is more correct to say - the right to decide on parturition and all activities aimed at regulating the moment and number of parturition, which have the expected goal of childbearing • Abortion makes one of the reproductive rights in a negative sense

Legal policy • It is difficult to achieve a consensus on reproductive freedoms and rights and to say to what extent it should be restrictive in laws • The tendency for harmonization of the rules leads to the hardly reconciling of two opposing views • human life is sanctity and deserves a high degree of protection before birth as well as after birth; Abortion is only allowed exceptionally, for example when the life of a mother is in danger (pro life movement) • a woman should be allowed to make her own reproductive choice; forcing an unwanted pregnant fruit or illegally stopping pregnancy is basically entering into her right to decide on her own health and body; the fetus is recognized as a moral status and civil protection that can be achieved if it is born alive (pro choice movement)

Evolution • In the past, the abortion was considered inadmissible, yet the Hippocratic oath required the doctor to "never give a woman a suppository who will remove the fetus“ • Today's admissibility is no longer a topic, but the topic becomes the availability and safety of abortion, where the medical right is dominated by the medical context in which abortion occurs • The right to abortion is less understood as a part of criminal law, and more as one of the personal rights of women to decide on working and about their reproductive health • Women in the role of a patient have basic rights to self-determination and informed consent

Definition • Abortion (lat. abortio) is defined as ejection or separation from the body of a woman fertilized egg until the 28th week of pregnancy; abortion is the opposite of the birth • The very act of birth signifies the ability of the newborn to live independently at the moment of separation from the mother's body; as a rule, until the 28th week, the fruit is not capable of life outside the womb and it can not survive on a regular basis • Termination of pregnancy may only be performed by a doctor • The doctor may refer to the so-called a conscience clause and refuse to perform or to participate in the termination of pregnancy; the basis is in respecting personal beliefs, most often religious, as well as ethical determination for the benefit of life

Termination of pregnancy • Are different : • spontaneous termination of pregnancy (misbirth ) • deliberately induced, artificial interruption (abortion) • legal abortion • illegal abortion (abortus criminalis) • free abortion • abortion upon approval • medical indicating abortion (therapeutic and eugenic) • advisory abortion

Illegal termination of pregnancy in Montenegrin legislation is a criminal offense. • However, in our country, legislation is very liberal in view of the constitutional right of a woman to decide on the birth of children until the tenth week of pregnancy. From the 10th to the 12th week, a special commission may be granted the permission to terminate the pregnancy. After 12 weeks there is a special procedure and it is usually tied only when it comes to medical reasons-bringing in the health of the child and woman.

EU • The issue of abortion was excluded from the provisions of the European Convention on Human Rights and Biomedicine (1997) because it was not possible to reach a consensus on this issue • There are no common European standards on this and the EU Commission has several times taken the view that national laws on abortion are in line with fundamental rights from the European Conventions on the Protection of Human Rights and Fundamental Freedoms (1950), in particular Article 2, with a focus on protection fetus) and Article 8 (right to private and family life, regarding the right to self-determination of a pregnant woman)

CRIMINAL CODE OF MONTENEGRO • (1) Anyone who, in breach of the regulations governing the termination of pregnancy, carries out an abortion with the pregnant woman’s consent, starts carrying out an abortion or assists a pregnant woman in terminating her pregnancy shall be punished by a prison term from one to eight years. • (2) Anyone who carries out or starts carrying out an abortion without the consent of a pregnant woman and, where she is younger than eighteen, without her consent or a written agreement of her parent, adoptive parent or guardian shall be punished by a prison term from one to eight years. • (3) Where, due to the acts referred to in paras 1 and 2 above, the woman subjected to abortion dies or her health is heavily impaired or another serious bodily injury is inflicted upon her, the perpetrator shall be punished for the offence referred to in paras 1 above by a prison term from six months to six years and for the offence referred to in paras 2 above by a prison term from two to twelve years.

CONCLUSION • In general, today legal issues is not the issue of the legality of abortion, as there are fewer illegal abortions, but the main issues is its accessibility and safety for health • All considerations are complex and overwhelmed by the issues of medical-legal context, reproductive health, issues relating to the reproductive rights of women, as well as its rights based on patient status through appropriate regulatory and legal practices • You do not want to find yourself on that disgusting operating table ? You do not want to ask yourself whole life: "what kind of a baby I would give birth to if i did not abort ? ,,

Special thanks to Dr velimir rakočević dean of the law faculty Thanks for your attention !

Children are the biggest treasure !

Introduction III. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica, 9 April 2019

III. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica, 9 April 2019

Conclusion III. International student conference „Safety in local communities-legal and criminological perspectives“’, Podgorica, 9 April 2019

Authors: Presented by student Azra Šukurica UniverSITY of montenegro Faculty of Law