Abortion in Hungary

Abortion is legally accepted in Hungary starting in 1953, with the most recent change to abortion laws being Act LXXIX of 1992 on the protection of fetal life.[1][2] Under the current laws, abortions may be performed up to 12 weeks but may be extended up to 24 weeks in certain circumstances.

Access to abortion requires the woman to obtain a certificate from a gynecologist confirming the pregnancy then seek counseling from a midwife at the Family Protection Service at least twice and wait 72 hours before the procedure may be performed.[3]

History of legalisation

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Abortion in socialist Hungary

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Abortion was subject to legal liberalization as early as 1953.[4] The abortion law was changed three times since then, in 1956,[4] 1973,[5] and 1992.[6] As a result of that, Hungary has long had a liberal abortion law, although certain obstacles for accessing abortion have always existed.[6] After the fall of communism in Hungary, the country experienced serious social and economic distress; nevertheless, the newly emerging conservative Catholic forces have failed to convince the government to prohibit abortion: the new post-communist 1992 law largely mirrored the old one, in some ways being even more liberal than the former one.[7]

Current law

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Abortion is regulated under the Act LXXIX of 1992 on the protection of fetal life.[1][8] Under this law, an abortion is normally allowed until 12 weeks. However, in certain circumstances the limit can be extended to 18, 20 or 24 weeks. A pregnancy may be terminated at any time if the fetus is lethally affected (i.e. anencephaly). The pregnancy can be extended to 18 weeks if the woman's health is in severe danger or is a result of a rape and that added to those conditions, the woman was not aware of her pregnancy before because of a medical condition or of an institution's mistake. To extend it to 24 weeks, the fetus must have a 50% risk of presenting a genetic or teratological malformation (see Birth defect).[3]

In 1998, the country's highest court demanded that a definition be supplied for the term "grave crisis situation", as there were concerns that women undergoing the procedure may not actually be in "crisis", and if they were, that they get psychiatric help after their abortion.[4] On June 29, 2000, the Ministry of Health defined a "grave crisis situation" as "when it causes bodily or mental impairment, or a socially intolerable situation".[5]

The Hungarian Government organized an anti-abortion campaign in 2011 where posters were shown with an image of a baby in the womb, with the caption saying, "I understand that you are not yet ready for me, but give me up to the adoption agency, LET ME LIVE!" The Government has been sharply criticised for using European Union funds on the campaign. An EU Commissioner Viviane Reding said that the campaign "goes against European values."[9]

The new constitution of Hungary, enacted in 2012, states that human life will be protected from the moment of conception,[10] although, so far, the abortion law has not been changed.[11]

Since 2017, because of demographic challenges, Orban's government has put in place a new Family policy in Hungary with the Family Protection Action Plan, providing for example, a flat tax and family allowances in order to increase natality rates in Hungary.[12] With this pro-natalist policy, hospitals have the rights to refuse to provide abortions, clinics that are providing them without trying to discourage women have to face political pressure and the government is putting in place anti-abortion campaigns in the metro and in the schools. Those campaigns are a violation of the European Union's rules regarding the financing programme that Hungary is receiving.[13]

In 2022 15 September, Hungary passed new abortion restrictions, with a Mandatory ultrasounds bill. Where women who are seeking an abortion will now be obliged to “listen to the foetal heartbeat” before they can have an abortion. This Bill was pushed for by the far-right Mi Hazánk (Our Homeland) party.[14][15][16]

The procedure

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Hungary is influenced by Roman Catholicism, and, although abortion is legal, it is not easy to access: women must go through a specific procedure involving counseling, a waiting period, and a certificate from a midwife in order to obtain an abortion.[17]

To terminate a pregnancy, the woman and, if possible, the father are required to meet with the Family Protection Service at least twice to receive information about the termination of the pregnancy. The woman has to bring a letter from her gynecologist to confirm the pregnancy and the specially trained midwife of the Family Protection Service will provide her information to choose another solution. If the woman still wants the abortion, she has to come back within 72 hours. The staff member will provide her information about the termination process and issue a hospital referral that the woman and, if possible, the father, must sign. On the day of the abortion, the woman can go to the health institution of her choice and must again sign documents confirming the termination of her pregnancy.[3] According to the Committee on the Elimination of Discrimination against Women, conscientious objection among Hungarian doctors is an obstacle to abortion.[18]

Statistics

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Percentage of conceptions which led to an abortion in Hungary

Between 2010 and 2015 the number of reported abortions per year dropped by 22.9 per cent, which was attributed to the introduction of pro-family measures by the Hungarian Government. Adoption is promoted by the state where women do not want to keep their baby. There are also educational classes and aid to families.[19][20] In July 2022, it was reported that a number of medical practitioners willing to perform abortions had been decreasing.[21]

Source: Statistics of the Hungarian Central Statistical Office[22]
Year Number of reported abortions Induced abortion ratio per 100 live birth
1950 1,707 0.9
1951 1,700 1.0
1952 1,700 1.1
1953 2,800 1.0
1954 16,300 7.2
1955 35,398 16.8
1956 82,463 42.8
1957 123,383 73.8
1958 145,578 91.9
1959 152,404 100.8
1960 162,160 110.7
1961 169,992 121.1
1962 163,656 125.8
1963 173,835 131.4
1964 184,367 139.5
1965 180,269 135.5
1966 186,773 134.9
1967 187,527 126.0
1968 201,096 130.2
1969 206,817 134.0
1970 192,283 126.7
1971 187,425 124.4
1972 179,035 116.8
1973 169,650 108.6
1974 102,022 54.8
1975 96,212 49.5
1976 94,720 51.1
1977 89,096 50.2
1978 83,545 49.7
1979 80,767 50.4
1980 80,882 54.4
1981 78,421 54.9
1982 78,682 58.9
1983 78,599 61.8
1984 82,191 65.6
1985 81,970 63.0
1986 83,586 65.2
1987 84,547 67.2
1988 87,106 70.1
1989 90,508 73.4
1990 90,394 71.9
1991 89,931 70.7
1992 87,065 71.5
1993 75,258 64.3
1994 74,491 64.4
1995 76,957 68.7
1996 76,600 72.8
1997 74,564 74.3
1998 68,971 70.9
1999 65,981 69.7
2000 59,249 60.7
2001 56,404 58.1
2002 56,075 57.9
2003 53,789 56.8
2004 52,539 55.2
2005 48,689 49.9
2006 46,324 46.4
2007 43,870 44.9
2008 44,089 44.5
2009 43,181 44.8
2010 40,449 44.8
2011 38,443 43.7
2012 36,118 40.0
2013 34,891 39.3
2014 32,663 35.7
2015 31,176 34.0
2016 30,439 32.7
2017 28,496 31.1
2018 26,941 30.0
2019 25,783 28.9
2020 23,901 25.9
2021 21,907 23.5
2022 21,779 24.6

See also

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References

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  1. ^ a b "Hungary's Abortion Provisions | Center for Reproductive Rights".
  2. ^ https://srhr.org/abortion-policies/documents/countries/01-Hungary-Protection-of-Human-Life-Act-1992.pdf Archived 2018-03-24 at the Wayback Machine[full citation needed]
  3. ^ a b c Beni, Alexandra (30 May 2019). "The abortion policy in Hungary". Daily News Hungary. Retrieved 15 November 2019.
  4. ^ a b c Hungary - ABORTION POLICY - United Nations
  5. ^ a b Központi Statisztikai Hivatal (Hungarian Central Statistical Office): Demográfiai évkönyv 2005 (Demographic Yearbook 2005). KSH, Budapest, 2006. (ISSN 0237-7594)
  6. ^ a b "Hungarian Parliament Approves Relatively Liberal Abortion Law". The New York Times. 18 December 1992.
  7. ^ Batár, István (June 1993). "New abortion law in Hungary". Entre Nous (22–23): 17. PMID 12222239.
  8. ^ https://srhr.org/abortion-policies/documents/countries/01-Hungary-Protection-of-Human-Life-Act-1992.pdf Archived 2018-03-24 at the Wayback Machine[full citation needed]
  9. ^ "EU funds used for Hungarian anti-abortion campaign". EURACTIV. 17 June 2011.
  10. ^ Thorpe, Nick (18 April 2011). "Hungary: Parliament votes for new constitution". BBC News Online.
  11. ^ Kata, Janecskó (11 March 2011). "Hiába védett a magzat, nem szigorodik az abortusz" [Even though the fetus is protected, abortion is not tightened]. Index (in Hungarian).
  12. ^ KOVÁCS, Zoltan (30 April 2019). "Hungary's Family Protection Action Plan: Here's what happens next and how we see it bearing fruit". About Hungary. Retrieved 15 November 2019.
  13. ^ "Abortion in Europe Status Report" (PDF). Humanist Federation. Retrieved 15 November 2019.
  14. ^ "Hungary enshrines 'fetal heartbeat' abortion law | DW | 13.09.2022". Deutsche Welle.
  15. ^ "Hungary tightens abortion access with listen to 'foetal heartbeat' rule". TheGuardian.com. 13 September 2022.
  16. ^ "Hungary decrees tighter abortion rules". BBC News. 13 September 2022.
  17. ^ "Abortion law Hungary".
  18. ^ https://www2.ohchr.org/english/bodies/cedaw/docs/co/cedaw.c.hun.co.7-8.pdf[full citation needed]
  19. ^ "Government pro-life actions lead to drop in abortions in Hungary". The Christian Institute.
  20. ^ "Sokkal kevesebb az abortusz Magyarországon" [Much less abortion in Hungary]. origo.hu (in Hungarian).
  21. ^ "Egyre kevesebb magyar orvos hajlandó abortuszt végezni". Napi.hu (in Hungarian). Retrieved 2022-07-28.
  22. ^ Population