Elemente definitorii ale legislației românești în materie de avort. O perspectivă istorică
Defining elements of the Romanian legislation on abortion. A historical perspective

Summary/Abstract: In Romania, the legislation referring to abortion had known major fluctuations. In 1966, The Decree nr. 770 banned abortion in almost all circumstances. This has given rise to a large number of illegal abortions, which often lead to the death of the pregnant woman. The absolute liberalization of abortion, after the Revolution of 1989, lead to a dramatic decrease in population number. In 1966 abortion has been incriminated again, setting some limits which were meant to protect the health and life of the pregnant woman. The fact that abortion is permitted virtually by simple request in the first fourteen weeks of pregnancy, makes us question on the real interest of the law regarding the rights of the fetus. The New Penal Code brings up some new provisions which show some concern about the unborn child. Still, there are many aspects to be explained, including a clear definition of the rights of the fetus. We hope that the extreme forms of abortion legislation which Romania has had in the last decades make us choose the wisest solution.

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