Portuguese voters back abortion reform

Portugal’s government will introduce liberal abortion laws even though its proposal to scrap restrictions appeared to have failed to win an automatic endorsement in a referendum.

One exit poll said up to 61% had voted in favour of the government’s proposal to allow women to ask for abortions up to the 10th week of pregnancy.

Even though yesterday’s poll showed turnout was lower than the 50% required to make the referendum valid, the centre-left Socialist government said previously it would enact legislation granting abortion rights if a majority of voters favoured the proposal.

Socialist Party spokesman Vitalino Canas said he viewed the outcome as sufficient authorisation for a change in the law.

“Even though the referendum is not legally binding, the Socialist Party thinks that, in a democracy, the (expressed) will of the Portuguese is always binding,” he said.

After the projections were announced, television footage showed cheering activists at the headquarters of civic movements which supported the government’s proposal.

The Socialist Party, which portrayed the ballot as a measure of Portugal’s willingness to adopt more modern attitudes, has long campaigned for a more liberal policy that would bring the country into line with most other European nations.

Portugal, where more than 90% of people say they are Catholic, has one of the most restrictive abortion laws in the European Union. Its legislation places it in a minority in the bloc with Poland, Ireland and Malta.

The procedure is allowed only in cases of rape, foetal malformation or if a mother’s health is in danger, and only in the first 12 weeks of pregnancy.

In the 23 other EU nations, abortion is permitted within much broader limits. Women can ask for abortions up to the 24th week of pregnancy in Britain and up to the 12th week in Germany, France and Italy.

Jose Socrates, the prime minister and Socialist leader, has called the current law “backward” and “a national disgrace”.

He says women seeking to terminate their pregnancies simply travel to EU countries where it is legal, especially private clinics across the border in Spain, or resort to shady, back-street clinics at home.

He cites figures compiled by abortion rights groups – and disputed by their opponents – that around 10,000 women are admitted to hospital every year with complications arising from botched back-street abortions.

Women opting for illegal abortions risk up to three years in prison. However, none have ever been jailed, though doctors and nurses who assisted the procedure have.

The Catholic Church has not budged from its opposition to abortion, saying it goes against teachings on the sanctity of life.

Even if the government proceeds with its pledge to implement more liberal policies, it could be several months before women can choose to terminate their pregnancies as the bill goes through Parliament.

The single question on the ballot asked voters if they want to allow abortion up to the 10th week. Voters at more than 12,000 polling stations ticked a box under “yes” or “no".

It would be the second time in nine years that a referendum on the deeply divisive issue failed to draw enough voters. Projections said turnout was lower than 40%.

A 1998 referendum on the same issue was nullified after it fell short of the required participation.

Later, Portugal’s prime minister Jose Socrates confirmed he would enact more liberal abortion laws despite the failure to win a complete endorsement in the referendum.

With more than 99% of votes counted, almost 60% approved the proposal allowing women to opt for abortions up to the 10th week. Just over 40% opposed it.

Mr Socrates said he was undeterred by the low turnout, which was put at 44% and below the 50% required to make it valid, and would stick to his pre-ballot pledge to change legislation through Parliament.

“The people have spoken and they have spoken in a clear voice,” he said.

The result “reinforced the political and legislative legitimacy” of his plans to change the law, he added.

Luis Marques Mendes, leader of the main opposition Social Democratic Party, said he would not stand in the way of granting abortion rights through the 10th week despite opposing it during campaigning.

“Even though the (referendum) result is not binding, we believe it should be democratically respected,” he said.