Belgium's "Vivaldi" government coalition parties are trying to reach a consensus to revise the abortion law, following an expert report on abortion which was presented to the Federal Parliament on Tuesday.
The contentious issue has already caused tensions in the multiparty government and Belgium's abortion laws cannot be modified simply by passing a law through Parliament; it must have the approval of all seven governing parties. Ahead of the scientific report, the CD&V party on Monday attracted attention by announcing that it would be open to some changes. The party had made extending the termination period beyond the current 12 week a red line when it joined the governing coalition in 2020.
However, the report found that there are grounds to prolong the termination limit to 18 weeks. A bill that had previously sought to enshrine this in law had previously failed to pass through Parliament – largely given its opposition by the Flemish Christian Democrats (CD&V), the Flemish rightwing N-VA and far-right Vlaams Belang.
The issue was put on ice, though De Croo government agreed on a report by academic and medical experts. That report was published in March 2023.
Progress rather than sucess
CD&V MP Els Van Hoof acknowledged the report and indicated that her party would be open to altering its stance in accordance: “We do not want to throw away this report. On the contrary, there are several recommendations that can be supported immediately.”
The group reacted favourably to the provision of long-term contraception, the inclusion of abortion in emergency medical care, confidentiality, consent of minors and the preservation of criminal sanctions for providers who would not comply with the law.
🇧🇪 Belgium legalised abortion in 1990. It is legal up to 12 weeks after conception.
⭕️ It was removed from the criminal code in 2018. Events in the U.S. have reignited the debate around abortion in Belgium, with some politicians calling for it to be made a constitutional right. pic.twitter.com/cUiNrZuXKc — Context News (@ContextNewsroom) September 28, 2022
However, the Christian Democrats have held back from full acceptance of the experts’ recommendations on term limits, instead willing to increase the termination limit from 12 to 14 weeks, stating fears that the fetus might feel pain any later in the pregnancy. This is despite the experts responding to this concern in-depth.
The party also stopped short of agreeing to get rid of the 6-day reflection period that is imposed before the person seeking an abortion can have the intervention. But they would allow for this period to be reduced to 48 hours. Belgium's mandatory 6-day waiting period is one of the longest waiting times in Europe.
MPs of other parties praised the report, with Patrick Prévot (PS) applauding “this remarkable work" and stressing its influence in progressing the contentious issue. The expert panel brought together 35 specialists in medicine, psychology, and law.
The governing coalition will now seek an agreement on the issue, though the diversity of opinion within the government will complicate the task. Despite the CD&V softening its stance, positions remain far apart.
Reaffirming support
The six co-signatories of the original socialist proposal to overhaul the law restated their support, seeing the report as affirmation of the need for Belgium to modernise the legislation.
Six cents personnes manifestent à Bruxelles contre l’avortement et l’euthanasie https://t.co/pqOVcqorOb pic.twitter.com/tGC6ULcSnk
— Sudinfo LaCapitale (@LaCapitale_be) April 2, 2023
However, the report's expert authors were eager not to stress impartiality: “Our mission is to give [governing parties] all the resources to form an informed decision. The legitimacy of the electorate lies with you. You have to balance the word of the experts with political legitimacy,” said former ULB rector and gynaecologist Yvon Englert, co-chair of the expert committee alongside obstetrician and head of clinic at UZ Gent Kristien Roelens.
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The committee presented its conclusions in March. Among other things, it recommends extending the time limit within which an abortion can be performed to 18 weeks post-conception. It also recommends dropping the reflection period, introducing provisions allowing minors to give their consent autonomously and strengthening access to contraception. It also recommends that abortion be enshrined in a health law instead of a penal law, but preserving sanctions for practitioners who do not respect it.
