Controlling and Constraining the Prohibition of Abortion in 1980's Romania

The subject of birth policy of contemporary states is a controversial and at the same time, well- covered topic in western historiography. Complex interpretations were proposed in order to analyze the phenomena, which go beyond the religious and institutional spheres, toward a structural analysis of the political-ideological, economic and social motivations of the modern state. The intervention of the state, motivated by the interests stated above, manifests itself in the intention of transforming the ethnic and demographic structures and those of individual and collective control. Whether we speak of totalitarian or democratic regimes, the demographic policies of the 20th century manifest themselves through the production by the state of certain mechanisms and institutions which aim to positively or negatively influence the natural movement of the population. Although extremely controversial, the measure to prohibit abortion, as an attempt to raise the level of fertility represented the key measure of the pro-nativist policies of the past century.

The demographic legislation of Romania must not be understood as a typical component of communist ideology. The type of legislation initiated in Romania after 1966 does not resemble any other state's in Eastern Europe. The uniqueness of the Romanian case comes from the coercitive character of the measures adopted by the political leadership of the country, centered on the idea of raising birth rates by any means, without taking into consideration the opinions of specialists of the field, potential side effects, the lack of promotion, and even the prohibition of modern contraception and sexual education in order to prevent abortion and without a minimal infrastructure which would have sustained such an attempt.

Although the inauguration of the demographic policy was done via the adoption of a restrictive measure, the first period between 1966 and 1973 is characterized by a prevalence of initiatives to stimulate population growth (children's grants, birth prizes, maternity leaves, various benefits for large families), coercitive measures serving more as a warning example. In 1972, as a consequence of the numerous reports coming from medics, but also as an attempt at synchronization to international demographic convetions, the 53rd Decree was emitted, which set the minimal age for legal abortion at 40 years.

After a spectacular evolution in the first year (27.4‰ in 1967 to 14.3‰ în 1966), birth rates start to decline again, which determines the toughening of measures, by the revision of the application instruction to the 770th Decree of 17th of January 1974. These modifications adressed the hightened innvolvement in the monitoring and control of medical cadres, the militia and the prosecutors in the process.

The 1980's in Romania may be seen as the high age of restrictive measures in demography, concreted through the modification of legislation, but