The Justice Commission in less than eight days modified its position and ruled out that abortion for rape can be given up to seven months of gestation
Having reconsidered the number of weeks in which an interruption of pregnancy due to rape could be allowed for girls, adolescents and women does not guarantee, for the moment, that there will be 70 votes in the plenary session of the National Assembly to approve the text presented by the Commission of Justice of the legislature.
The Commission initially approved a text that indicated that the interruption of pregnancy due to rape could occur up to 28 weeks (seven months of gestation). This aroused criticism from the same legislative benches and sectors involved in this issue, which forced the legislative table to review the text, reconsider and re-vote a new proposal.
Justice Commission approved, with seven votes in favor, report for second debate of law that allows abortion in case of rape
All the legislative blocs ruled against a woman pregnant by rape being able to opt for an abortion up to seven months of gestation. This would jeopardize the approval of the project that was born after the ruling of the Constitutional Court of April 2021, which declared numeral 2 of article 150 of the Organic Comprehensive Criminal Code (COIP), regarding the decriminalization of abortion in case of rape, unconstitutional. only for women with disabilities.
Legislator Johanna Moreira (ID), in the session of January 15, proposed the reconsideration of article 19 of the organic bill that guarantees the voluntary interruption of pregnancy for girls, adolescents and women in case of rape. And it had the support of seven votes in favor, there were also three abstentions.
Moreira was also in charge of presenting the new text, and during its foundation she said that one should not act based on political calculations and that “unfortunately her motion responds to a situation in which this bill could be approved.”
The new text regarding the term on the interruption of pregnancy due to rape was proposed by legislator Johanna Moreira, who received the support of seven votes and three against.
Text
The final incorporated text is as follows:
Article 19.- Term.- In order to guarantee the right to make a free and voluntary decision to terminate the pregnancy, considering the special characteristics of each age group and that deserve priority attention by the State, the following deadlines will exist:
- When dealing with girls and adolescents under 18 years of age who are victims of rape, the voluntary interruption of pregnancy may be carried out up to 22 weeks of gestation.
- When dealing with women and pregnant people aged 18 and over who are victims of rape, the voluntary interruption of pregnancy may be carried out up to 20 weeks of gestation.
- Due to the special condition of people with mental disabilities who are victims of rape, the provisions of the Clinical Practice Guide called “Therapeutic Abortion Care”, issued by the Ministry of Public Health of Ecuador, will be observed.
The weeks of gestation will be solely and exclusively verified by the health professional after the corresponding examinations, and if found within the weeks authorized by this law, the voluntary interruption of pregnancy due to rape will be practiced.
votes and discussion
In the debate, the political sectors of the Union for Hope (UNES), the Pachakutik movement (PK) and the Democratic Left (ID) already anticipated what could happen when the project goes to plenary session, since there is no consolidation of the benches around the theme. To this is added the hardening of the political position of the Social Christian Party, which this time says that it will not support the report.
Legislator Segundo Chimbo of the Pachakutik bloc questioned that the Justice table has not been consistent with the debate presented during the construction of the project, and that it has been reduced from 28 to 20 weeks of pregnancy for the interruption in case of rape, without accepting the suggestion made by experts and doctors, in which it was proposed that the interruption could occur after twelve weeks.
Sofía Espín (UNES) joined the concern of the legislator Chimbo, and also said that this change of position, in less than a week of what was approved by a majority of the commission, shows that the position of the legislators who voted for the seven weeks of management responded more to particular agendas than to a true scientific, technical, legal, or medical analysis. “How is it possible that the weeks in which the pregnancy could be interrupted have been changed so quickly. The proposed text does not include what the Constitutional Court ordered to do,” he noted.
The correista caucus of UNES will maintain its decision made weeks ago to leave its 47 assembly members in ideological freedom so that they can decide on this project in freedom of conscience.
The president of the Justice table, Alejandro Jaramillo, clarified that they have not changed their minds, what they did is debate after listening to the citizens, doctors, specialists and scientists, who indicated that there should be a temporary period. In addition, he said that the report is not binding, it will be the plenary session that makes the decision.
His co-idea Wilma Andrade (ID) insisted that the bill “is badly beaten and practically today it has no support due to the mishandling it has had and having set 28 weeks as the limit for the interruption of pregnancy has thrown the bill to the ground. ”.
At the block level, the PSC radicalized its position against this project. The bench coordinator, Esteban Torres, warned that his group will not enter into the game of negotiations on the weeks in which a pregnancy due to rape will not be punished; lowering from 28 to 22 and 20 weeks of gestation to allow termination of pregnancy for rape is a more political game.
The Pachakutik movement also maintains this theme. This January 17, the bench coordinator, Rafael Lucero, summoned the legislators to meet to debate and define a position as a block. Assemblywoman Jessica Castillo revealed that there is a diversity of criteria regarding what was approved in the commission.
The spokesperson for the CREO sector, Guido Chiriboga, announced that there will be a meeting of the bench to define their position, since each assembly member has a different position and that after knowing the final text they will make the decision that must be in accordance with the approach of the president. . (I)
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