Selective Abortions in Montenegro: Legal and Anthropological Analysis

Abstract

In the old Montenegrin masculine patriarchal culture, having children was one of the primary motivations for marriage. Women in labour faced significant community pressure to give birth to a male child, as evidenced by various ethnographic records and confirmed by contemporary anthropological research. Montenegro exhibits one of the most unbalanced ratios of newborn male to female babies among countries. This necessitates an analysis that integrates legal and anthropological perspectives on son preference. The article explores the socio-historical circumstances and modern expressions of the cult of the male child, followed by an examination of the legal implications of selective abortions. The legal dimension of abortion encompasses a broad normative framework, with the fundamental question concerning the boundary of legal protection in this area, i.e., the limit of state intervention in the personal sphere of individuals and citizens. The legal analysis will also include a reflection on the impact of criminal legal protection on this debate, particularly through the lens of the criminal offense of unlawful termination of pregnancy as stipulated in Article 150 of the Criminal Code of Montenegro. Considering the scope of rights to life, family, and reproduction, and recognizing that pregnancy termination motivated by sex selection is generally prohibited, yet this practice is widespread, the assumption is that the formal legal means to address this issue are limited. As this is a societal phenomenon involving sensitive legal, personal, cultural, religious, political, social, and moral issues, the paper discusses approaches for combating this practice.