Decriminalization of abortion for rape in Ecuador passes legislative decision

The voluntary interruption of pregnancy in the event of rape in Ecuador would be subject to the terms defined by the National Assembly after the debate and vote that is scheduled to begin this Tuesday, January 25.

The attention on the organic law project that guarantees the voluntary interruption of pregnancy to girls, adolescents and women focused on the term in which abortion would be allowed in case of rape.

The Justice Commission reconsidered, in less than a week, its initial decision that pregnancy for women over 18 years of age could be practiced up to seven months of gestation; on the other hand, that for girls and adolescents under 18 years of age and women with disabilities there would be no term.

Abortion for rape will enter the debate in search of the 70 votes for its approval

Finally, the legislative table recommended to the plenary session that girls and adolescents under 18 years of age, victims of rape, may freely and voluntarily interrupt pregnancy up to 22 weeks of gestation (five and a half months); meanwhile, that women over 18 years of age can interrupt pregnancy by rape at 20 weeks (five months of gestation); In the case of people with disabilities who are victims of rape, the Clinical Practice Guide called Therapeutic Abortion Care will be observed.

At the level of Latin America in Argentina, Colombia, Bolivia, Panama, the interruption of pregnancy due to rape does not have deadlines; but in countries like Brazil, Chile and Uruguay it is established that abortion in case of rape is allowed if it is performed at 12 weeks and up to 20 weeks of gestation.

At the level of Ecuador, This controversial issue came into debate as a result of the Constitutional Court ruling of April 2019, which decriminalized abortion for rape for girls, adolescents, women and pregnant people in case of rape and commissioned the Ombudsman’s Office and the National Assembly to approve the regulations establishing objective and technical deadlines to guarantee access to health.

At the level of the legislative blocs, internal debates continue, The five political forces: the Democratic Left (ID), the Pachakutik movement (PK), the Union for Hope (UNES), the Christian Social Party (PSC) and the National Accord Caucus (BAN), maintain disparate positions regarding the report of the Commission of Justice and the option they analyze is to leave each legislator free to decide according to their conscience at the time of consigning their vote, to avoid breaking up the benches.

On the other hand, from the Executive, the President of the Republic, Guillermo Lasso, anticipated a veto of the project.

Activists from the Surkuna movement called through social networks for a mobilization towards the Assembly for this Tuesday, at 08:30, in defense of a fair and restorative law; They issued instructions on care and biosafety protocols.

Women’s and feminist organizations call for a national mobilization for the law of abortion for rape

Pro-life sectors also announced a sit-in in front of the National Assembly, where they hope to congregate as they did during the first debate, although this Sunday the Legislative Administration Council (CAL) decided to maintain one more week – from January 24 to 31 – teleworking and the virtual sessions of the plenary session of the Assembly, the CAL and the commissions.

Other themes

The project that guarantees the voluntary interruption of pregnancy in the event of rape also contains other issues that were, at the time, considered critical knots, such as the requirements and the conscientious objection of doctors.

This law under construction aims to guarantee, protect and regulate the right of women, girls, adolescents and pregnant people to the voluntary interruption of their pregnancy in case of violation.

Care must be a priority, comprehensive, free, timely, humanized, quality and confidential for all victims of rape and especially before, during and after the voluntary interruption of pregnancy.

Each person who voluntarily decides to terminate her pregnancy due to rape shall have the right to access support services, to receive scientific, professional, objective, complete and timely information on methods to terminate pregnancy, in accordance with the highest health standards.

It will be prohibited to reveal the information provided by girls, adolescents, women and pregnant persons, who access the national health system with a voluntary interruption of pregnancy in progress.

Girls, adolescents, pregnant women and victims of rape in irregular migratory or refugee status, who request access to the voluntary interruption of pregnancy, have the right to medical care, without conditions, nor may care be referred to a nursing home. health of the country of origin of the pregnant person.

Requirements

The text under discussion determines that for the voluntary interruption of pregnancy due to rape, the complaint will not be required, examination or prior statement to the girl, adolescent, woman or pregnant person.

If the victim has the complaint with them, the treating physician will proceed to attach the document to the form for informational purposes.

The person who agrees to the voluntary interruption of pregnancy due to rape must fill out a single form that will contain the written and signed informed consent, and will have no cost.. For the pregnant person under 14 years of age, no form will be required.

Institutions of the national health system are ordered to offer, immediately and up to a maximum of two days after the rape, emergency contraception, prior complete information on the method.

Deadlines and costs

Received the request of the pregnant person who wishes to voluntarily interrupt her pregnancy due to rape, the health personnel may not delay the procedure for more than four days.

In the event that the establishment does not have resolution capacity, the director of the medical institution, within a maximum period of 24 hours, must refer the case immediately to the closest establishment that has the conditions to attend it effectively.

The costs of the referral may not be transferred to the victim in any case, and it will always be up to the health personnel to ensure that the victim can be treated effectively and without undue delay.

conscientious objection

The bill guarantees health personnel to benefit from conscientious objection, but the doctor must maintain his decision in the public and private spheres. Inform the director of the institution of the request to interrupt the pregnancy due to rape, so that it can be attended by another professional.

In remote, remote and hard-to-reach areas, when there is a rape victim who requests the voluntary interruption of the pregnancy, the professional must carry out the procedure, ensuring that the rights of the rape victim prevail, when there is no other professional who can do it.

There is no institutional or collective conscientious objection in the same health establishment.

controversial article

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:

1. When it comes to 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.
2. When it comes to 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.
3. Due to the special condition of people with mental disabilities victims of rape, the provisions of the Clinical Practice Guide called “Therapeutic Abortion Care” will be observed, issued by the Ministry of Public Health of Ecuador.

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.

Termination of pregnancy due to rape in other countries

Argentina, 2021, voluntary interruption of pregnancy due to rape has no term, but an affidavit is required, in the cases of girls under 13 years of age, the declaration is not required.

Uruguay, 2012, the voluntary interruption of pregnancy due to rape may be carried out up to 14 weeks of gestation, but with proof of a judicial complaint.

Chile, 2017, voluntary interruption of pregnancy in case of rape provided that no more than twelve weeks of gestation have elapsed. If it is a girl under 14 years of age, the interruption can be carried out as long as 14 weeks have not elapsed.

Brazil, 1940, the voluntary termination of pregnancy for rape is legal, but is restricted to 20 weeks of gestation or 22 weeks if the fetus weighs less than 500 grams.

Bolivia, 2017, abortion if it is a consequence of a crime of rape will not be penalized, provided that the criminal action has been initiated. Does not set deadlines.

Colombia, 2006, abortion is not a crime when, with the will of the woman, the interruption of pregnancy occurs as a result of conduct such as rape, duly reported.

Panama, the abortion will not be sanctioned with penalty, if the pregnancy is a consequence of carnal rape, duly accredited in summary instruction. (I)