The Ongoing Struggle for Abortion Access in Italy
Italy legalized abortion in 1978, as a result of the powerful battle led by feminist movements and left-wing political parties throughout the 1970s. However, more than 45 years later, accessing pregnancy termination remains a significant challenge for women. The high number of “conscientious objectors” among medical staff, disparities between Northern and Southern regions of the country – which often force women to travel to other regions to access the treatment-, and the persisting stigma surrounding abortion, continue to constitute serious barriers to the progress of reproductive rights.
Abortion in Italy was legalized in 1978 by Law 194, which allows women to voluntary terminate a pregnancy within the first 90 days. Beyond this period, abortion is permitted only in cases of severe fetal malformations or when the mother’s life or health is at risk.
At first glance, Law 194 may seem liberal and permissive, but its limitations quickly become apparent. From the outset, Article 1 sets the tone by stating that “The State…recognizes the social value of maternity and protects human life from the beginning”. Moreover, the norm imposes a procedural framework that can hinder access. A healthcare professional must evaluate the urgency of the request, and if it is not deemed urgent, the woman is “invited” to undergo a seven-day reflection before confirming her decision (Article 5).
Rather than affirming abortion as a matter of self-determination, Law 194 frames it primarily within the realm of the right to health, subtly attempting to discourage women from going through with it. The law ultimately appears as a concession from the State, avoiding any explicit recognition of a woman’s freedom of choice.
Further complicating access, Law 194 allows healthcare personnel to invoke “conscientious objection”, permitting them to refuse to perform abortions on grounds of religious or personal beliefs – except in cases where the woman’s life is at risk (Article 9). This provision has predominantly contributed to the creation of obstacles in accessing abortion services across the country.
In Italy, the percentage of medical staff identifying as conscientious objectors is alarmingly high, with a particular concentration in the Southern regions. Consequently, women are often forced to travel across provinces and regions to access the procedures, risking passing the 90-day legal limit.
The latest report by the Ministry of Health, published in 2024 with data from 2022 (despite the obligation for annual updates), showed a percentage of 60.5% of gynecologists identifying as conscientious objectors. While the number is lower from the previous year (63.6%), the percentage remains high and varies significantly between Regions. The South has an average of 75% of objectors – with peaks of 90.9% in Molise and 81.5% in Sicily -, compared to ca. 56% in the Centre-North.
International human rights monitoring bodies have denounced on several occasions a denial of Italian women’s rights due to Law 194. For example, the European Committee of Social Rights ruled that Italy violated the European Social Charter for breaches of the right to health – because of the difficulties in accessing abortion services – and for discrimination on grounds of regional and socioeconomic status. Similarly, the UN Human Rights Committee also expressed concern about the rising number of conscientiously objecting doctors, that paralyze access to abortion.
Opposition to abortion is deeply tied to religious beliefs, within a country where the Catholic Church plays a significant role in shaping public opinion and influencing politics in the field of reproductive rights. The Church, which considers abortion a crime against life equating to homicide, has actively encouraged medical personnel to use the conscientious objection provision since the approval of Law 194. Also, the “maximalist” wings of the Pro-Life Movement maintain close ties to the Church, further reinforcing this stance.
National divisions over reproductive rights have even intensified under the current Giorgia Meloni’s conservative leadership. Italy’s first female prime minister, while declaring that she does not intend to change or abolish Law 194, calls for a fuller implementation of the norm – a move that, in practice, focuses on discouraging abortion. A telling consequence of this approach has been the passing of legislation allowing groups that “support motherhood” into abortion advice clinics, with the objective of persuading women to continue their pregnancies.
Beyond institutionalized obstacles, the stigmatization of abortion is widespread. Many women who went through abortion, as well as pro-choice activists, report having experienced verbal aggressions aimed at devaluing and denigrating them. These attacks mainly come from pro-life or right-wing people and occur in various settings - during public demonstrations, informal debates between acquaintances and within family, and on social media.
To sum up, while abortion is legally permitted in Italy, relevant obstacles remain in practice. The widespread presence of conscientious objectors, significant regional disparities, and deep-rooted stigma make it challenging for many women to exercise their rights. In addition to the bureaucratic and logistical challenges, such limitations and stigmatization also impact on women’s mental wellbeing, adding stress, shame, and anxiety to an already difficult choice. Until these systematic issues are addressed, reproductive rights in Italy will remain incomplete, leaving many women vulnerable and unsupported.
References:
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About the author:
Zoe Govoni is currently a social policy analyst at STEAR – Student Think Tank for Europe-Asia Relations – and has experience in communication and advocacy within Amnesty International and AIESEC. She holds a master's degree in International Cooperation and Human Rights Protection from the University of Bologna (Italy).
