Pro-life activist: Abortion Contradicts Belarusian Law

According to Volha Kavalkova, the lawyer and the coordinator of “Pro-Life” campaign of “Belarusian Christian Democracy” party organizational committee, there is a collision of laws in legislative regulation of abortions.

So, according to Art. 24 of Constitution of the Republic of Belarus, “Every person has a right to live”, according to Art. 181 of Marriage and Family Code, “The state guarantees defense of the rights of a child like after, like before its birth” and according to p.1 art. 1037 of the Civil Code “By the Will the heirloom may be appointed to the citizens being alive during the opening of the Will as well as being conceived in the Testator’s lifetime and being born before opening of the Will”.

As it is may be seen in the norm of the Civil Code, the legal consequences occur even before the child is born. Declaratively, Belarusian legislation admits the rights of a child before its birth, but in reality according art.27 of Healthcare Law “The woman is free to decide the maternity question herself”. In legal terms, article 27 contradicts the above–listed norms of law, because according to Regulatory Legal Act Law the Constitution and the Codes have more legal effect, – mentioned the lawyer.

“To remove that collision we have to find a constitutional interpretation of article 24 “Everybody person has a right to live”, as a right to live since the moment of conception and/or an amendment to this article stating that “The State guarantees protection of a human life since the moment of its conception”. Then all Belarusian legislation concerning the abortions must be amended in accordance with Constitution and codes ”,  – stressed Volha Kavalkova.

She mentioned also that the new revision of Healthcare Law, that came into effect on December, 27th 2014, became possible thanks to the massive public “Pro-Life” campaign that began in 2012 and to the thousands of signatures of Belarusian citizens.

First of all, the right of the doctor to deny the artificial pregnancy abortion had been institutionalized in case his/her refusal does not put the life of the woman in danger.

“Another amendment to the law had made incumbent upon the healthcare institutions to provide  women with a psychological pre-abortive consultation”, – pointed out our interviewee.