Abortion in Liechtenstein: Difference between revisions
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{{short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] --> |
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'''Abortion in Liechtenstein''' is illegal in most circumstances with limited exceptions in cases where the life of the pregnant woman is at risk, or where the pregnancy has resulted from a sexual offence. [[Religion in Liechtenstein]] is mainly Roman Catholic, which is reflected in the faith of the ruling [[Monarchy of Liechtenstein|Princely House of Liechtenstein]] and in the country's laws and culture around pregnancy. |
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==Law== |
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Section 96 of the Liechtenstein Penal Code, 1987, provides that [[abortion]] is illegal except in cases of [[Complications of pregnancy|serious danger to the woman's life or health]] that can only be prevented with a termination or when the woman was under the age of 14 at the time of conception and unmarried to the man who impregnated her. Illegal abortions are punishable by prison terms of up to three years for the physician and up to one year for the woman. Section 98 of the Penal Code additionally criminalizes performing or encouraging an abortion without a careful inquiry into its medical necessity as well as any type of promotion of abortion services.<ref name="1987law">{{cite web | title = LIECHTENSTEIN. Penal Code, 24 June 1987. (Liechtensteinisches Landesgesetzblatt, No. 37, 22 October 1988, pp. 1-125.) | date = 22 October 1988 | url = http://www.hsph.harvard.edu/population/abortion/LIECHTENSTEIN.abo.htm | accessdate = 7 July 2013 }}</ref><ref name="un">{{cite book |title=Abortion Policies: A Global Review |url= https://www.un.org/esa/population/publications/abortion/doc/liecht.doc |accessdate=7 July 2013 |year=2002 |publisher=United Nations Population Division |volume=1 |format=DOC |isbn= |page= |pages=}}</ref> |
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The Criminal Code (''Strafgesetzbuch'') of Liechtenstein (in section 96) states that:<ref>{{cite web |title=Criminal Code of 24 June 1987 (as of 1 January 2021) |url=https://legislationline.org/sites/default/files/documents/64/LICH_CC_eng.pdf |website=www.legislationline.org |access-date=27 February 2023}}</ref> |
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{{blockquote| |
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1. Any person who, with the consent of the pregnant woman, terminates the pregnancy of the woman shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates [of a fine]; if such person commits the act on a commercial basis, such person shall be punished with imprisonment of up to three years.}} |
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{{blockquote| |
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| ⚫ | A proposal to legalize abortion in the first 12 weeks of pregnancy or when the child |
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2. If the immediate perpetrator is not a physician, then such perpetrator shall be punished with imprisonment of up to three years; if he commits the act on a commercial basis or if the act results in the death of the pregnant woman, he shall be punished with imprisonment of six months to five years.}} |
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<ref>{{cite news |title=Liechtenstein: No to Legalized Abortion |first= Wendy |last= Zeldin |url=https://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205402820_text |newspaper=Global Legal Monitor |date= 27 September 2011 |accessdate=7 July 2013}}</ref><ref>{{cite news |title=Liechtenstein rejects plan to legalize abortion |first= |last= |url=https://news.yahoo.com/liechtenstein-rejects-plan-legalize-abortion-133712436.html |agency=Associated Press |date=18 September 2011 |accessdate=7 July 2013}}</ref> |
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{{blockquote| |
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| ⚫ | Women in [[Liechtenstein]] who choose to have |
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3. A woman who terminates her pregnancy herself or allows another person, who is not a physician, to terminate her pregnancy shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates.}} |
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The above acts shall not be punishable if the termination of pregnancy is: |
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* necessary to avert serious danger to the life or serious damage to the health of the pregnant woman that cannot be averted otherwise (and additionally the pregnancy is terminated by a physician); |
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* the pregnancy is the result of a sexual offence or the pregnant woman was under-age at the time of conception (and additionally the pregnancy is terminated by a physician); or |
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* undertaken to save the pregnant woman from an immediate danger to life that cannot be averted otherwise, under circumstances not permitting medical assistance to be obtained in time. |
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Sections 97 and 98 of the ''Strafgesetzbuch'', respectively, prohibit termination of pregnancy without the consent of the pregnant woman and grossly negligent intervention in respect of a pregnant woman, including the promotion of abortion. Liechtenstein has a high quality [[Healthcare in Liechtenstein|health service]]. |
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==Proposals== |
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In a [[Liechtenstein abortion referendum, 2005|double referendum on abortion]] in November 2005, 81% of voters rejected a ''For Life'' proposal to prohibit all abortion – "The supreme task of the state is the protection of human life from conception to natural death and to promote the overall welfare of the People" – while 80% approved the counter-proposal from the [[Landtag of Liechtenstein|Landtag]] (Parliament) to be included in the [[Constitution of Liechtenstein]]: |
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* The dignity of man is to be respected and protected. |
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* No one shall be subjected to inhuman or degrading treatment or punishment. |
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* Everyone has the right to life. |
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| ⚫ | * The death penalty is prohibited.<ref>{{cite web |url=http://www.sudd.ch/event.php?lang=en&id=li012005 |title=Liechtenstein, 27. November 2005 : "Für das Leben" mit Gegenvorschlag |date=20 June 2010 |website=Search Engine for Direct Democracy |language= de |access-date=7 July 2013}}</ref><ref>{{cite book |last1=Nohlen |first1=Dieter |author-link1=Dieter Nohlen |last2=Stöver |first2=Philip |title=Elections in Europe: A data handbook |year=2010 |publisher=Nomos |isbn=978-3-8329-5609-7 |page=1177}}</ref><ref>{{cite news |title=Defying Church, Voters Endorse Abortion Law |url=https://www.latimes.com/archives/la-xpm-2005-nov-28-fg-briefs28.3-story.html |newspaper=Los Angeles Times |date=28 November 2005 |access-date=7 July 2013}}</ref><ref>{{cite news |title=Voters defeat restrictive initiative |first=Harry |last=Rosenbaum |url=http://www.dailynews.com/ci_3257356 |archive-url=https://archive.today/20130707082504/http://www.dailynews.com/ci_3257356 |url-status=dead |archive-date=7 July 2013 |agency=Associated Press |date=28 November 2005 |access-date=7 July 2013 }}</ref> |
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| ⚫ | A proposal to legalize abortion, in the first 12 weeks of pregnancy or when the unborn child was disabled, was defeated in a further [[Liechtenstein referendums, 2011|referendum]] held in September 2011.<ref>{{cite web |url=http://www.sudd.ch/event.php?lang=en&id=li022011 |title=Liechtenstein, 18. September 2011 : Fristenlösung beim Schwangerschaftsabbruch |date=28 September 2011 |website=Search Engine for Direct Democracy |language= de |access-date=7 July 2013}}</ref> The opponents, which included [[Alois, Hereditary Prince of Liechtenstein|Prince Alois]], got 500 votes more and eventually settled at 52.3 percent compared with 47.7 percent. Prince Alois had previously threatened to veto the proposal if it passed.<ref>{{cite news |title=Liechtenstein: No to Legalized Abortion |first= Wendy |last= Zeldin |url=https://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205402820_text |newspaper=Global Legal Monitor |date= 27 September 2011 |access-date=7 July 2013}}</ref><ref>{{cite news |title=Liechtenstein rejects plan to legalize abortion |url=https://news.yahoo.com/liechtenstein-rejects-plan-legalize-abortion-133712436.html |agency=Associated Press |date=18 September 2011 |access-date=7 July 2013}}</ref> |
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| ⚫ | In April and November 2012, the [[Landtag of Liechtenstein|Landtag]] considered but did not advance proposals to relax [[abortion law]]s.<ref>{{cite news |title=Schwangerschaftsabbruch: Status quo unverändert |url=http://www.vaterland.li/index.cfm?ressort=home&source=lv&id=17802 |newspaper=Vaterland |date=26 April 2012 |language=de |trans-title=Abortion: Status quo unaltered |access-date=7 July 2013}}</ref><ref>{{cite news |title=Schwangerschaftsabbruch ist noch nicht vom Tisch |url=http://www.vaterland.li/index.cfm?id=20654&source=lv&ressort=liechtenstein |newspaper=Vaterland |date=6 November 2012 |language=de|trans-title=Abortion is not yet on the table |access-date=7 July 2013}}</ref> |
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Until an amendment of the Criminal Code in 2015, the exception for rape was limited to cases where the victim of the rape was aged under 14 years old.<ref>[https://www.gesetze.li/konso/1988.37?version=39 Criminal Code of Liechtenstein as of 30 June 2015], Government of Liechtenstein. {{in lang|de}}</ref> |
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==Statistics== |
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| ⚫ | Women in [[Liechtenstein]] who choose to have an abortion must cross the border, to either neighboring [[Switzerland]] or [[Austria]], to have the procedure carried out legally or to obtain advice in relation to abortion.<ref>{{cite news |title=Prince of Liechtenstein threatens to leave after vote on his powers |first=Nick |last=Meo |url= https://www.telegraph.co.uk/news/worldnews/europe/liechtenstein/9366747/Prince-of-Liechtenstein-threatens-to-leave-after-vote-on-his-powers.html |agency=The Telegraph|date=30 June 2012}}</ref><ref>{{cite news |title=No to Legalized Abortion for women in Liechtenstein |first=Wendy|last=Zeldin|url= https://www.womenfitness.net/news-flash/women_liechtenstein/ |agency=Women Fitness|date=31 January 2012}}</ref> In 2011, it was estimated that approximately 50 women a year had abortions, either illegally in Liechtenstein or abroad in either Switzerland or Austria.<ref>{{cite news |title=Liechtenstein votes not to legalise abortion |url= https://www.thelocal.ch/20110919/1207 |agency=The Local|date=19 September 2011}}</ref> |
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==See also== |
==See also== |
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Latest revision as of 05:47, 12 October 2024
Abortion in Liechtenstein is illegal in most circumstances with limited exceptions in cases where the life of the pregnant woman is at risk, or where the pregnancy has resulted from a sexual offence. Religion in Liechtenstein is mainly Roman Catholic, which is reflected in the faith of the ruling Princely House of Liechtenstein and in the country's laws and culture around pregnancy.
Law
[edit]The Criminal Code (Strafgesetzbuch) of Liechtenstein (in section 96) states that:[1]
1. Any person who, with the consent of the pregnant woman, terminates the pregnancy of the woman shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates [of a fine]; if such person commits the act on a commercial basis, such person shall be punished with imprisonment of up to three years.
2. If the immediate perpetrator is not a physician, then such perpetrator shall be punished with imprisonment of up to three years; if he commits the act on a commercial basis or if the act results in the death of the pregnant woman, he shall be punished with imprisonment of six months to five years.
3. A woman who terminates her pregnancy herself or allows another person, who is not a physician, to terminate her pregnancy shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates.
The above acts shall not be punishable if the termination of pregnancy is:
- necessary to avert serious danger to the life or serious damage to the health of the pregnant woman that cannot be averted otherwise (and additionally the pregnancy is terminated by a physician);
- the pregnancy is the result of a sexual offence or the pregnant woman was under-age at the time of conception (and additionally the pregnancy is terminated by a physician); or
- undertaken to save the pregnant woman from an immediate danger to life that cannot be averted otherwise, under circumstances not permitting medical assistance to be obtained in time.
Sections 97 and 98 of the Strafgesetzbuch, respectively, prohibit termination of pregnancy without the consent of the pregnant woman and grossly negligent intervention in respect of a pregnant woman, including the promotion of abortion. Liechtenstein has a high quality health service.
Proposals
[edit]In a double referendum on abortion in November 2005, 81% of voters rejected a For Life proposal to prohibit all abortion – "The supreme task of the state is the protection of human life from conception to natural death and to promote the overall welfare of the People" – while 80% approved the counter-proposal from the Landtag (Parliament) to be included in the Constitution of Liechtenstein:
- The dignity of man is to be respected and protected.
- No one shall be subjected to inhuman or degrading treatment or punishment.
- Everyone has the right to life.
- The death penalty is prohibited.[2][3][4][5]
A proposal to legalize abortion, in the first 12 weeks of pregnancy or when the unborn child was disabled, was defeated in a further referendum held in September 2011.[6] The opponents, which included Prince Alois, got 500 votes more and eventually settled at 52.3 percent compared with 47.7 percent. Prince Alois had previously threatened to veto the proposal if it passed.[7][8]
In April and November 2012, the Landtag considered but did not advance proposals to relax abortion laws.[9][10]
Until an amendment of the Criminal Code in 2015, the exception for rape was limited to cases where the victim of the rape was aged under 14 years old.[11]
Statistics
[edit]Women in Liechtenstein who choose to have an abortion must cross the border, to either neighboring Switzerland or Austria, to have the procedure carried out legally or to obtain advice in relation to abortion.[12][13] In 2011, it was estimated that approximately 50 women a year had abortions, either illegally in Liechtenstein or abroad in either Switzerland or Austria.[14]
See also
[edit]References
[edit]- ^ "Criminal Code of 24 June 1987 (as of 1 January 2021)" (PDF). www.legislationline.org. Retrieved 27 February 2023.
- ^ "Liechtenstein, 27. November 2005 : "Für das Leben" mit Gegenvorschlag". Search Engine for Direct Democracy (in German). 20 June 2010. Retrieved 7 July 2013.
- ^ Nohlen, Dieter; Stöver, Philip (2010). Elections in Europe: A data handbook. Nomos. p. 1177. ISBN 978-3-8329-5609-7.
- ^ "Defying Church, Voters Endorse Abortion Law". Los Angeles Times. 28 November 2005. Retrieved 7 July 2013.
- ^ Rosenbaum, Harry (28 November 2005). "Voters defeat restrictive initiative". Associated Press. Archived from the original on 7 July 2013. Retrieved 7 July 2013.
- ^ "Liechtenstein, 18. September 2011 : Fristenlösung beim Schwangerschaftsabbruch". Search Engine for Direct Democracy (in German). 28 September 2011. Retrieved 7 July 2013.
- ^ Zeldin, Wendy (27 September 2011). "Liechtenstein: No to Legalized Abortion". Global Legal Monitor. Retrieved 7 July 2013.
- ^ "Liechtenstein rejects plan to legalize abortion". Associated Press. 18 September 2011. Retrieved 7 July 2013.
- ^ "Schwangerschaftsabbruch: Status quo unverändert" [Abortion: Status quo unaltered]. Vaterland (in German). 26 April 2012. Retrieved 7 July 2013.
- ^ "Schwangerschaftsabbruch ist noch nicht vom Tisch" [Abortion is not yet on the table]. Vaterland (in German). 6 November 2012. Retrieved 7 July 2013.
- ^ Criminal Code of Liechtenstein as of 30 June 2015, Government of Liechtenstein. (in German)
- ^ Meo, Nick (30 June 2012). "Prince of Liechtenstein threatens to leave after vote on his powers". The Telegraph.
- ^ Zeldin, Wendy (31 January 2012). "No to Legalized Abortion for women in Liechtenstein". Women Fitness.
- ^ "Liechtenstein votes not to legalise abortion". The Local. 19 September 2011.
