A look into Latin America’s dark and dangerous anti-abortion laws
By Aashna Bhatia
In April 2017, 20 year old Imelda Cortez, a Salvadoran, started experiencing excruciating abdominal pain. On going to the bathroom, she gave birth to a baby girl. She later said she wasn't even aware that she was pregnant.
She was subsequently rushed to the hospital where no signs of induced labour or self harm to the child was reported. Although, a doctor at the hospital accused her of trying to have an abortion and reported the case to the police. It is imperative to know here that abortion is illegal in El Savador. Cortez was attested and charged with attempted murder which carries a possible charge of 20 years of prison time.
It was later found out that Cortez was sexually abusd by her 70 year old stepfather who was the father of the child. What’s sickening here is that due to the repressive nature of the abortion laws in El Salvador, Cortez and her stepfather face the same amount of prison time.
This is just a speck out of the countless women affected by Latin America’s harsh abortion laws which is due to the historical power held by Catholics and Evangelists in the region. Still, about 6.5 million abortions take place across Latin America each year. Three-quarters of these procedures are unlawful, often performed in unsafe illegal clinics or at home.
The regions abortion laws are particularly detrimental to young women and girls. Latin American countries have some of the highest teen pregnancies rate in the world. According to a 2014 report by Planned Parenthood. Up to 90 percent of pregnancies for girls under the age of 14 are the result of rape, and the risk of maternal mortality doubles for pregnant girls under 15. Nevertheless, most Latin American countries deny minors the chance to have an abortion that could save their lives.
Off 33 countries across Latin America and the Caribbean, only Cuba, Uruguay, Guyana and Mexico City permit elective abortions. It is often noticed that countries with restricted laws on reproductive rights have the highest levels of gender- based violence and gender inequality. In addition to having some of the strictest abortion laws in the world, Latin America also has the world’s highest rates of femicide—the killing of women deliberately because of their gender. A 2007 study showed that restrictive abortion laws were influenced by perceptions of women as second-class citizens incapable of making their own decisions without government supervision.
Here are the abortion laws in some Latin American countries:
CHILE: In August 2017, Chile removed its total ban on abortion, with terminations made legal in cases of rape, incest and where there is danger to a woman’s health. Lawmakers in Chile are now pushing for the country’s abortion laws to allow procedures without restriction up to 14 weeks.
BOLIVIA : In December 2017, Bolivian President Evo Morales reformed the country’s penal code to decriminalize abortion in eight cases, including those involving students, minors and women living in poverty, but the move was struck down two months later by the country’s legislature.
URUGUAY: It become the second country after Cuba to decriminalise abortion for all women in the first trimester of pregnancy. It is looked upon as a model for women’s reproductive rights. Statistics also show a major decline in the number of abortions. Around 16000-33000 women had illegal abortions before the law was passed, according to the Uruguay Health Ministry. The number of abortions post legalisation has remained under 10,000 ever since.
COLOMBIA: In 2006, Colombia lifted its blanket ban on abortion. Terminations are now allowed in cases of rape, incest, fetal malformation, if the foetus is at risk, and if the physical or mental health of the mother is at risk.
But a growing pro-abortion movement across Latin America has seen countries revisiting their abortion laws this past year. That feminist activism, combined with the support of Mexico’s MORENA party representatives, may see changes to abortion laws across the country beyond Oaxaca.
The Protest in Mexico
Last September 25, the chambers of the state legislature in Oaxaca, Mexico, exploded with shouts of joy and rage as the region voted to decriminalize first-trimester abortions in a 24-10 vote.
Catholic protesters chanted, “Assassins! Assassins!” while awaiting the vote. But when the decision was announced, feminist activists, clad in the green bandanas that have become the symbol of the Latin American pro-abortion movement, broke out in shouts of “Latin America will be entirely feminist.”
The vote exemplified the division between Mexico deep Catholic, traditionally anti-abortion roots and its growing feminist movements.
Abortion is completely illegal in six Latin American countries, namely, El Salvador, Honduras, Nicaragua, the Dominican Republic, Haiti and Suriname.
The Protest in Ecuador
"We want the President of the Republic to veto the norm that prevents abortion in cases of rape because we want to stop forcing women and girls to give birth to children conceived with violence."
Hundreds of women and men of all ages began protesting in Quito, Ecuador in September against a recent law which prevents safe, free and legal abortion in cases of rape.
"In Ecuador, seven raped girls under the age of 14 are forced to give birth every day. They are thus doomed to a life full of physical and psychological suffering. Victims of sexual violence are denied access to justice and a dignified life," Carolina Loachamin, holding back her tears, read.
On September 19, Ecuador's National Assembly rejected a legal reform that would have allowed free, safe and legal abortion in cases of rape. This legislative decision immediately prompted an unusual citizen rejection, for there were only six votes left to protect women's rights. After reading the manifesto, the Ecuadorean activists marched to the official residence of President Lenin Moreno, who has legal power to veto the National Assembly's decision.
According to official data, Ecuador witnessed at least 2,180 rape cases of girls under 14, pregnant and forced to give birth in the last year. As a result, their lives changed dramatically starting with the fact that these pregnant children are often forced to stop attending educational institutions. "Raped and pregnant women should have the legal opportunity to decide whether they want to have their child or not," Peña added.
"They are not mothers, they are raped girls", "Mothers by decision, not by rape" and "I don't force you to abort, you don't force me to give birth" were some of the messages delivered through banners. As a result, their lives changed dramatically starting with the fact that these pregnant children are often forced to stop attending educational institutions. "Raped and pregnant women should have the legal opportunity to decide whether they want to have their child or not," Peña added.
Lastly, it is also important to understand that even in Latin American countries that have less restrictive abortion laws, there is a considerable lack of access and awareness among women to get abortions due to the social stigma surrounding the process and also due to the limited availability of doctors. More often than not, having a law set up is not indicative of a permanent change. The need of the hour is to engage in a conversation, educate women and girls about the potential risks of clandestine abortions and bring about a cultural change in the way people perceive abortions.
We’re supporting all our sisters in Latin America.
AASHNA BHATIA
Writer for We Hate Pink
Masters student at London School of Economics, pursuing a degree in Gender, Media and Culture.
Aashna is writing about gender, media representation and trends. Focus on cultural practices across different countries and the psychology behind politics