Justice Commission raises up to four months of gestation the interruption of pregnancy for rape

The Justice Commission of the National Assembly proposes to the plenary session of Parliament a third term for the voluntary interruption of pregnancy in case of rape in Ecuador.

This time it states that all pregnant women and people can interrupt pregnancy up to 16 weeks of gestation (four months), with the exception of girls, adolescents, women from rural areas, towns and nationalities, which is extended up to 18 weeks of gestation ( four and a half months).

With six votes in favor, this February 11, the Justice table approved the final text proposed by the rapporteur legislator Johanna Moreira (ID), after the second debate and that before the vote received drafting adjustments from the assembly members José Agualsaca and Gisella Garzon (UNES). This text will go to the plenary session of the legislature for a vote, and 70 votes are needed.

The votes in favor of the new term came from legislators Alejandro Jaramillo and Johanna Moreira (ID), José Agualsaca, Jhahira Urresta and Gissela Garzón (UNES) and José Chimbo (Pachakutik). Sofia Espín (UNES) and Kimberly Castillo (Pachakutik) voted against; Legislator Dalton Bacigalupo (ID) abstained, while Assemblywoman Dina Farinango (ID) was absent.

Abortion for rape causes friction in the caucus of the Democratic Left

Moreira stressed that he has acted with transparency and responsibility on a sensitive issue and that for the final text some of the observations raised in the second debate that the law should be focused in favor of the victims were collected.

Alejandro Jaramillo, president of the Justice Commission, clarified that he does not agree with the deadlines set forth in the final text of the project and that it hurts that this issue has interfered with politics and that voting has been conditioned.

That it rejects the accusations, insults and qualifications that it has received for this issue, but that it will continue to fight for better days for girls, adolescents and women.

Legislator Sofía Espín (UNES) stated that the new text does not really change much. “We continue to haggle down, this commission began by approving seven and nine months to interrupt the pregnancy, then they lowered it to five and a half months, and now they propose four months, and four and a half months; the bargaining against life continues,” she claimed.

Deadlines for interruption

Determining the term in which abortion can be interrupted in Ecuador constituted the main critical knot in the debate on the organic law project that guarantees the voluntary interruption of pregnancy of girls, adolescents and women in case of rape.

The final text that was approved this February 11 proposes:

Article 19.- Term.– In order to guarantee the right to take a free and voluntary decision to terminate the pregnancy, the term to do so will be up to 16 weeks of gestation.

Exceptionally, considering the special characteristics that deserve priority attention by the State, when dealing with girls, adolescents, women from rural areas, towns and nationalities, the voluntary interruption of pregnancy may be carried out up to 18 weeks of gestation.

Due to the special status of persons with mental disabilities as rape victims, best medical practices will be observed.

The weeks of gestation will be solely and exclusively verified by the health professional, after the corresponding examinations, and in case of being within the weeks authorized by this law, the voluntary interruption of pregnancy due to rape will be carried out. .

To prevent administrative acts from having a difficult effect on the procedures, the presentation at the health center of girls, adolescents, women from rural areas, towns and nationalities and pregnant people has a suspensive action on the deadlines.

Other deadlines

This is the third change regarding deadlines made by the Justice Commission regarding the interruption of pregnancy, since it initially approved that in the case of girls and adolescents they would not have a term, but women over 18 could interrupt pregnancy up to 28 weeks, that is, seven months of pregnancy.

This established term was reconsidered by the commission and they proposed a second option. That in the case of girls and adolescents, the interruption of pregnancy is carried out up to 22 weeks of gestation (five and a half months) and for women over 18 years of age up to 20 weeks of pregnancy (five months).

Some proposals emerged in the debate, such as segmenting the terms by vulnerable groups and there was even talk of the possibility of supporting the minority report that suggests that the interruption of pregnancy in the case of girls and adolescents could be practiced up to 12 weeks of gestation and for women over 18 years of age up to six weeks of pregnancy.

After the debate, the Democratic Left bloc proposed deadlines for three groups of women: the first, the interruption of pregnancy up to 20 weeks of gestation could be given to girls up to 14 years of age; for adolescents between 14 and 18 years of age the term of up to 18 weeks of pregnancy; and, 16 weeks for women over 18 years of age. (I)