12th December 2017
The hearings were held on September 20, 2017, at the Seimas Committee on Human Rights to assess the draft Law on the Protection of Life in the Prenatal Phase. The lawyers of the Office of the Equal Opportunities Ombudsperson, who participated in them, are convinced that the adoption of such legislation would be a step backwards in the area of consolidating women’s and men’s equality.
The project provides for the prohibition of abortion by stating that human life begins at fertilization. Pregnancy termination is only allowed if there is a risk to a woman’s life or health or if there are suspicions that pregnancy is the result of criminal activity. This bill was registered in 2013 by nine members of parliament, mostly belonging to the Electoral Action of Poles in Lithuania – Christian Families Alliance.
In accordance with the principles of gender equality, women and men must be given equal initial opportunities to realize their rights. Physiological differences, in this case reproductive characteristics, should not negatively affect the living conditions of one of the sexes, such as participation in public life, the nature and extent of the services received, state-guaranteed legal protection and assistance. Briefly, biological factors should not lead to less favourable situation of a person.
The project deprives women of the opportunity to decide on the course of pregnancy, and so violates their right to private life. In addition, the Law on Equal Opportunities for Women and Men includes the prohibition of discrimination due to pregnancy. Consequently, the restriction of personal rights or less favourable treatment due to pregnancy constitutes discrimination on grounds of sex.
“There is no doubt that involuntary birth-giving can have irreversible consequences: the deterioration of physical and mental health, possible negative changes in family life, loss of self-control, loss of confidence and also violates woman’s dignity and diminish opportunities for self-realization,” said Laima Vengale-Dits, Senior Advisor of Legal Division of the Office of the Equal Opportunities Ombudsperson.
The criminalization of abortion is condemned by the United Nations (UN), the UN Committee on the Elimination of Discrimination against Women, the World Health Organization, the Council of Europe. They call to guarantee freedom of choice for women, to ensure quality sex education and affordable contraception.
More than 30 Lithuanian non-governmental organizations signed a petition expressing concern about the negative consequences of possible prohibition of abortion in April 2017, when draft Law on the Protection of Life in the Prenatal Phase was discussed at the Seimas Committee on Legal Affairs.