Between 12 and 16 weeks the time allowed for an abortion due to rape in Latin American countries ranges

In recent years, several countries in the Americas have been changing their laws regarding abortion. Some allow the voluntary interruption of pregnancy to any woman, in several it is legal only in cases of health risks or rape and in others it is totally prohibited.

Argentina, Cuba, Uruguay, French Guiana, Puerto Rico and Guyana These are the six countries in the region where abortion is completely decriminalized, in addition to the United States, Canada and several states in Mexico. All but Argentina and Guyana share twelve weeks of gestation as the maximum time limit for interruption of any pregnancy, as well as for cases of rape. The time can be extended for medical issues in certain countries.

In the case of Argentina, abortion has been practiced since 1921 under certain conditions, but it was not until 2012 that cases of pregnancy due to rape of any woman were included for an interruption up to fourteen weeks. Eight years later, in 2020, abortion was completely decriminalized until the same term, but in cases of rape and medical risk to the mother, there is no longer a time limit.

In the case of Guyana, the country decriminalized it since 1995 and the limit is until the 16th week of gestation.

As long as Bolivia, Brazil, Chile, Colombia and Panama are among the countries that allow an abortion only if there was rape, what varies among them is the gestation time limit to perform it, the most common being twelve weeks.

Ecuador would join that group, since it approved this February 17 the Law that guarantees the interruption of pregnancy in cases of rape, which establishes a maximum term of 12 weeks to abort in the case of pregnant women; and 18 months for girls, adolescents, rural women and nationalities. This text will go to the Executive for sanction or veto, that is, it is not yet in force.

The development of this regulation was ordered by the Constitutional Court, which last year decriminalized abortion in cases of rape. Before, it was only allowed for women with disabilities who have been victims of that crime.

In the case of the rest of the countries, Bolivia has laws that regulate abortion since 1972 and over the years they have tried to make reforms that have not materialized. Bolivian law allows pregnancy to be interrupted in cases of rape, abduction not followed by marriage, statutory rape or incest or when the life of the woman is in danger, up to twelve weeks. In all cases, a judicial authorization is required.

In Brazil, abortion has been allowed since 1940 only in cases of rape, risk of death for the mother and anencephalic fetus, a rare condition that prevents part of the brain and skull from developing. The time limit is 12 weeks and 20 in some exceptional cases.

Chile saw changes in 2017. It was during the government of President Michelle Bachelet that Congress approved the legalization of abortion, but only in three specific scenarios: when the life of the mother is in danger, when the fetus has complications, and when the pregnancy is the result of a violation, the deadline is fourteen weeks for girls under 14 and twelve weeks for older girls, pick up The country.

The same thing happens in Colombia as in Chile, but since 2006. Abortion is only allowed on three grounds: when the health or life of the mother is at risk; when it is the result of rape or incest, or if there is malformation of the fetus, while in the rest of the cases it is punishable by up to four and a half years in prison. There is no deadline for any of the three since at the time they alleged that There are cases in which the life of the mother is put at risk at the end of pregnancy or from week 20.

In Panama, it has been allowed since 2007 for cases of rape. Article 144 of the Penal Code establishes that it be carried out with the consent of the woman and by a doctor from a State health center, only if the pregnancy is the consequence of rape, during the first two months of pregnancy. Also for serious health causes that endanger the life of the mother or the product of conception.

However, the Panamanian norm also mentions, like many of other countries, that the health professional who is appointed for the procedure has the right to claim conscientious objection for moral, religious or any other reason to refrain from performing the interruption, collects BBC.

Meanwhile, in Antigua and Barbuda, Dominica, Guatemala, Paraguay, Peru and Venezuela, abortion is not contemplated in cases of rape and it is only allowed to save the life of the woman in case of risk.

And finally, Suriname, El Salvador, Nicaragua, Honduras, Haiti and the Dominican Republic totally prohibit it.

Despite the fact that human rights organizations believe that there has been “progress” in this type of legislation, they still see Latin America as a region with restrictive legal frameworks on abortion.

The American organization Center for Reproductive Rights (CDR) has expressed concern about the restrictions that still exist globally and says that at least 90 million women live in countries where any type of interruption is prohibited and that 240 million live in where it is only allowed to abort for health reasons of the pregnant woman. (I)