Makedonijos parlamentas praeitą savaitę priėmė moterų teises įgyvendinantį aborto įstatymą. Įstatymas liberalus, atsižvelgiantis į PSO rekomendacijas, Stambulo konvenciją. Tai, ko gero, vienas geriausių įstatymų Europoje.
Nuoširdžiai sveikiname Makedonijos visuomenines organizacijas ir pažangiuosius politikus su pergale!
The Macedonian Parliament has adopted the new abortion legislation that fully respects women’s rights and choice for pregnancy termination. HERA and other CSOs were members of the working group by the MoH for drafting the law. 90% of the legislation text proposed by the CSOs was integrated in the final law. This is a great win for all women and women/gender organizations in Macedonia. In 2013 the Parliament has restricted access to abortion care through introduction of mandatory and biased counseling, 3 days waiting period, and introducing very high penalties and fines for doctors to limit access to abortion services. After 6 years continued fight of the Macedonian CSOs and the change of the political environment in 2017 (social-democrats), the abortion law has been now changed to take the needs and the free will of women to decide for abortion.
Particularly the mandatory and biased counseling and 3-days waiting period has been removed from the new law, information that the women should receive for the abortion are objective and evidence-based (according WHO
standards) and moreover the women has the right to refuse any information related to abortion as per the law on patient rights. Moreover abortion on request has been shifted from 10 to 12 gestational weeks. Abortion from 12 till 22 weeks can be performed due to social-economic reasons, fetus malformation, rape and incest and medical indications without approval from the hospital commission (as it was before), hence doctor can ask for second opinion from other specialist if necessary. However the free will of the women to make an abortion between 12 and 22nd weeks is guaranteed by the law, and no matter of the opinion of the doctor/s and the ground for abortion, she will just need to sign a statement (elaboration her reasons for abortion) to which the hospital is oblige to perform the abortion at end. No supporting documentation from the Public Prosecutor is any more needed for abortion in case of rape. This is also in a line with the Istanbul Convention. The statement of the women who was raped will be sufficient. The new legislation also introduce medical abortion pills as an option for the women to terminate the pregnancy aside of surgical method. According to the new laws the MoH is obliged to develop new clinical guidance for the abortion care (3 months from now), in which the medical abortion method should be also part of CAC.
Apart of Ob&Gyn hospitals, the abortion can be now also performed in the primary health care Ob&Gyn cabinets up to 9th weeks of pregnancy, but only with medical abortion pills. This will increase access to abortion services for women, particularly in the areas (semi-urban and rural) where there is a significant geographical barrier for the women to access abortion services. The new abortion law also significantly reduces the penalties and fines for doctors (from 30.000 EUR to 3.000EUR) which is a line with the general penalty standards in the health care.
The Commission for approval of abortion after 22nd weeks that is established by the MoH, also include one member who has significant gender expertise (5 years) to ensure that decisions made by the Commission really reflect the needs of the women and that her opinion is taken into consideration when Commission is making the decision.