Inequality in Access to Abortion Rights in Latin America

“My body my decision,” reads a slogan written on the back of an activist during a march in Lima in 2019. Credit: Walter Hupiú / IPS

By Mariela Jara
LIMA, Sep 27 2024 (IPS)

The struggle for women’s right to decide in Latin America and the Caribbean, for their access to legal, safe and free abortion continues in the region, with some countries fully criminalising it, others with severe regulations, and a few guaranteeing better conditions, while threats of regression persist.

This Saturday 28 September marks, as every year, the Global Day of Action for Access to Safe and Legal Abortion, launched in 1990, at the 5th Latin American and Caribbean Feminist Meeting, held in Argentina.

Since then, the international day of action for safe abortion has been nurtured by the agreements reached at the Cairo Conference on Population and Development in 1994, which recognised sexual and reproductive rights as part of human rights, and by the mandates of Human Rights Committees demanding that countries decriminalise abortion and protect the rights of girls, adolescents and women.

“This is a historic struggle of the feminist movement. We have made progress in the recognition of women’s human rights in the region, but those related to sexual and reproductive rights and abortion continue to be polarising; however, we have no doubt that they must be integrated into our rights as a whole”.“We have seen the great influence of right-wing fundamentalist religious groups in countries where abortion is criminalised and in others where it is barely advancing on the grounds of risk to the woman's life, malformations and danger to health”: Aidé García.

So said Aidé García, director of the non-governmental organisation Catholic Women for the Right to Decide in Mexico and former director of the organisation’s Latin American network, present in 10 countries.

The activist spoke to IPS from New York, where this September she takes part in several meetings in the framework of the High-Level Segment of the 79th General Assembly of the United Nations and the Summit of the Future.

About 51% of the more than 660 million people in Latin America and the Caribbean are women. This population faces diverse gender inequalities, according to a joint report by the Economic Commission for Latin America and the Caribbean (ECLAC) and UN Women in 2023.

The report claims that three out of every 10 women in the region live in poverty; one out of every 10 has experienced violence and, in addition, the maternal mortality rate is 87.6 per 100,000 live births.

In this context, preventing women who freely decide from terminating a pregnancy or persecuting and criminalising them for doing so, aggravates the violation of their human rights, with the connivance between the prevailing patriarchy, the Catholic Church and now even more of evangelical denominations.

A study by the Guttmacher Institute revealed that in 2010-2014 there were 6.5 million induced abortions in the region. When these are performed in unsafe conditions due to legal barriers or lack of economic resources, they cause many deaths and harm women’s overall health.

The other side of the coin is forced maternity.

A scenario with gaps

“There is great inequality in Latin America and the Caribbean on the issue of abortion,” said García, who is a social worker and feminist with vast experience in contributing to debates on this issue in Mexico and in international forums.

“We have seen the great influence of right-wing fundamentalist religious groups in countries where abortion is criminalised and in others where it is barely advancing on the grounds of risk to the woman’s life, malformations and danger to health,” she said.

Among the 10 countries or territories where abortion is fully criminalised are Belize, El Salvador, Haiti, Jamaica, Honduras, Nicaragua, Dominican Republic and Suriname.

Cuba was the first to fully decriminalise voluntary termination of pregnancy in the region, in 1965, followed by Guyana in 1995. Then, in this century, Uruguay, Argentina, Colombia and Mexico, first in 13 states and then at the federal level.

In most, legislation regulates it only under the restricted grounds – and in many cases full of obstacles to its implementation – of rape, health and risk to the pregnant woman’s life, non-consensual artificial insemination, and foetal malformations incompatible with life.

The most favourable frameworks are in Colombia, where abortion is legalised during the first 24 weeks of gestation, Argentina and Guyana, where it is legal up to 14 weeks, Uruguay and Mexico, with up to 12 weeks, and Cuba during the first quarter.

These legal loopholes for access to abortion also reflect the resistance to recognising women’s right to voluntarily terminate a pregnancy.

“We are fighting for respect for the autonomy and the possibility that women and people with gestational capacity have to decide about our reproduction. We demand the recognition of the moral authority that is ours, because from a Judeo-Christian culture where the religious sphere often intervenes, women who make decisions about sexuality are blamed”, said García.

She drew attention to political, religious and economic interest groups in the region that seek to preserve a fundamentalist tradition that denies women decision-making and public and political participation.

“It has to do with a patriarchal and misogynist sense of the role that we are assigned in society, and that is a great struggle that we have in feminism because at the end of the day, it is about the control of our bodies”, she stressed.

Women and feminist movements in Latin America are fighting to spread throughout the region the tide of green scarves, which emerged in Argentina, with which they fill the streets in several demonstrations a year and which symbolise the struggle for the right to legal and safe abortion.

Criminalised and persecuted

Brenda Álvarez is a lawyer and president of Proyecta Igualdad, a non-governmental organisation in Peru, which through its Green Justice line provides legal counsel to prevent criminalisation in the care of obstetric emergencies related to abortion, a dramatic and little known reality in the country.

With 33 million people, the South American country is one of the most restrictive in the recognition of women’s reproductive rights. Since 1924, abortion has been criminalised, except for therapeutic reasons, when the life of the pregnant woman is in danger or there is a risk of serious and permanent damage to her health.

The struggles of feminists and women’s movements in recent decades to decriminalise abortion have come up against the opposition of conservatives linked to Catholic and evangelical religious groups, to the point that, although therapeutic abortion celebrated its 100th anniversary in 2024, the protocol for its implementation is barely 10 years old, and with limitations.

“In the midst of the pandemic, we learned of the case of Diana Aleman, a Venezuelan irregular migrant who died in a public hospital due to the criminalisation of abortion and the harassment she experienced. As we followed the case, we realised it was not the only one, that more people were experiencing this situation and were being prosecuted,” Álvarez told IPS at her office in Lima.

She said that women who go to health facilities for an obstetric emergency related to abortion are poor and vulnerable, uninformed of their rights, and in these circumstances face state violence.

“It is not only poor medical care or harassment at the time of service, but also dealing in the emergency room with interrogations by the police, the prosecutor’s office, even with samples taken by representatives of the Institute of Forensic Medicine, as was the case of a teenager a few weeks ago who arrived unconscious with pneumonia and septic shock. That’s how they wanted to take her statement,” she revealed.

In 2020-2021 they carried out the Being Born with Uterus study, which states that each year more than 184 police reports for abortion and more than 633 of prosecutorial investigations are filed in Peru. “It was alarming, even cases of therapeutic abortion that are not punishable were prosecuted, we found 55; and we found sentences including adolescents,” she explained.

Health personnel report obstetric emergencies if they suspect abortions under the questionable article 30 of the General Health Law No. 26842, and “the authorities are ready to respond as if there were no serious crimes to prosecute in the country”. Álvarez explained that the guarantee of due process is not fulfilled and that these are illegal processes.

“This is problematic because often the only evidence that ends in a conviction for abortion is the statement taken from women, girls and adolescents in health services in a context of coercion and absolute lack of legal protection,” she denounced.

Among the impacts of the criminalisation of abortion on women’s lives, she mentioned the loss of employment and mental health opportunities, the uncertainty that having a criminal record entails for the possibility of finding a job, the cost of going to the justice system “even when the legal defence is ex officio, which, we have seen, is not effective and part of the conviction system”.

In addition to the urgency of decriminalising abortion, she said there is a need to promote citizen empowerment by creating tools so that women can know and exercise their rights when they go to a hospital with an obstetric emergency. In this regard, her organisation has developed outreach and awareness-raising materials.

Improving the law and risks in the region

Twelve years ago, Uruguay passed the law on the Voluntary Interruption of Pregnancy up to 12 weeks of gestation, an important step forward in the region and the result of a long struggle by women and feminists for the legalisation of abortion. The law also established grounds for abortion in cases of serious health risk to the woman, rape and malformations incompatible with life outside the womb.

Soledad Gonzales, a political scientist specialising in gender issues, told IPS from Montevideo that there is a need to work for a new law that would remove the persistent restrictions.

In practice, this means barriers to the exercise of the right, such as the interdisciplinary board that evaluates the woman’s request, the appointment she must undergo to inform her of alternatives, and the five-day waiting period after which she either ratifies her will to end the pregnancy or not, in order to proceed according to her decision.

“A new law is in order. For example, women do not always realise they are pregnant after three months. They end up having abortions clandestinely, having started the abortion legally,” she said.

Gonzales said that the chances for this proposal, on which women’s and feminist organisations agree, will depend on the results of the Uruguayan general elections on 30 October.

García, from Catholic Women for the Right to Decide, also said that the risks of setbacks in women’s reproductive rights, such as the freedom to decide about their bodies and access to abortion in safe and free conditions, depends on the positions of governments, whether they are conservative or progressive.

“This is part of the historical struggle that leads us to never lower our guard,” she said.