Aborto Legal Chile


In December, after a historic debate, Argentina passed the law on the voluntary termination of pregnancy until the 14th week of pregnancy, making it the largest country in Latin America where abortion is legal after Cuba, Uruguay and Guyana. Currently, Law 21.030 of September 2017, which is the result of a three-year legislative discussion involving several stakeholders, believes that the will of women is central, as each pregnant person decides whether they want to have access to safe and legal abortion services. The conservative government of Sebastián Piñera has spoken out against a reform of the abortion law. The dictatorship of Augusto Pinochet criminalized abortion in all its causes and, under possible conditions, about 70,±,000 abortions were performed each year under conditions of extreme uncertainty. ©It was only in 2017, after 27± years of democracy and a lot of resistance, that Chile continued decriminalization in three specific cases: danger to the life of the mother, fetal malformation and rape. After a long struggle of women`s movements, and especially after the new feminist wave that led the 2019 protests, the right to abortion is enshrined in the draft constitution, in which condemnation works against time. It was the decision of a convention that is formed like no other in the world on an equal footing between men and women. In the case of persons who have been declared prohibited by the courts, the power of attorney of their legal representative must be obtained and the opinion of the pregnant person must always be taken into account. Until a few years ago, it was unthinkable for the Chilean Congress to debate a project to decriminalize abortion because of the fierce opposition of the Catholic Church. In her May 21, 2014 public report, President Michelle Bachelet announced that she would promote a bill to decriminalize therapeutic abortion in cases of maternal life, rape and poor fetal viability through reform of the Health Code and the Criminal Code. The initiative sparked a lively political debate from the outset. [22] [23] Finally, the other authors of the 1980 Constitution did not accept this motion (constitutional prohibition of all abortion), so they stated only in its article 19, number 1, that “the law protects the life of the unborn child”, with which the settlement of the case was based on the law.

In this case, if gestational age limits apply, depending on the age of the pregnant person: for children under 14 years of age, abortion by rape up to the 14th week of pregnancy is legal, and for people over 14 years of age, this limit falls to 12 weeks of pregnancy. In 2011, President Sebastián Piñera proposed to exercise his constitutional veto if a bill on therapeutic abortion was passed in Congress. [19] During the presentation of the 2013 report of the National Institute of Human Rights, Piñera again expressed his opposition to abortion, stating that “the word abortion and the word therapeutic are essentially contradictory because abortion is an attempt against life and seeks therapeutically to save lives.” [20] Section 342. Anyone who maliciously causes an abortion will be punished: 1 ° With the prison sentence higher in its minimum if he exercises violence in the person of the pregnant woman. 2.° With that of the sentence of deprivation of liberty minor in its maximum extent if, although it does not exercise it, it acts without the consent of the woman. 3.° With that of juvenile imprisonment in the middle class, if the woman agrees. Article 343 He is liable to a minimum to medium degree of deprivation of liberty of a minor offence, which causes an abortion by force, even if it was not intended to cause it, provided that the woman`s state of pregnancy is known or known to the perpetrator. Article 344 A woman who performs an abortion or consents to another person except in the cases authorized by law shall be punished by deprivation of liberty in a maximum of minor liberty. If he does so to conceal his dishonor, he will be liable to a minor prison sentence of a moderate degree. However, it is important to know that these figures are certainly partial in terms of the reality of abortion in the country, as abortion is still performed secretly in many cases, as there is still tedious work to be done to implement the possibilities of the 2017 law. In the case of this cause, there is also no age limit for pregnancy and therefore the abortion service can be requested once the diagnosis has been made.

In the context of the moral reproach of abortion for the traditional values of the time, the second paragraph of article 344 makes sense, which has remained practically the same since the promulgation of the code and provides for a reduction in the abortion penalty if the woman “does it to hide her shame”. [7] In critical sectors, there is concern that the convention, with a standard guaranteeing the right to abortion, will attempt to open the door to free abortion because the law “could not have explained conservative conventions” that set limits on constitutional law. Busch says no fundamental right can be understood as absolute, and to dispel doubt, the same convention has committed to drafting a subsection giving Congress a mandate to regulate abortion limits. The right to abortion is anything but universal. A number of countries ban it altogether, including El Salvador, Honduras, Nicaragua and Haiti. All these projects failed, due to resistance from the Christian Democratic Party (PDC) – which is also part of the Concertación – and the Alliance parties – the Independent Democratic Union (UDI) and the National Renewal (RN) – which were heavily influenced by the Catholic Church. One of the arguments of opponents of abortion reform was that therapeutic abortion would be a confusing and unnecessary term that would try to conceal the lawfulness of free abortion, since therapeutic abortion would fall under the 1989 legislation. [18] A few minutes before the vote, and shouting “Free and safe abortion” and “It will be the law,” a hundred women surrounded the capital building where the new Chilean constitution is being drafted to demand the decriminalization of abortion with banners and green ±, the color of this social struggle. Legal abortion is a historic demand of feminist collectives in Latin America, where only Argentina, Cuba, Uruguay, Guyana and four Mexican©©states have decriminalized it. Today, Chile`s Constitutional Court voted by 6 votes to 4 in favor of passing a law that allows women to access safe and legal abortion services when their lives are in danger, when the pregnancy is the result of rape, or when the fetus suffers from malformations incompatible with extraterrestrial life. During the work of the Commission for the Study of the New Constitution (known as the “Ortúzar Commission”), which was created by the military regime to discuss the draft of a new constitution, Jaime Guzmán Errázuriz attempted to introduce a constitutional ban on abortion. His speech appears in the official minutes of the Commission of 14.

November 1974 declared: “The mother must have the child, even if it comes out abnormally, even if she did not want it, even if it is the result of rape or, even if it is, it leads to his death.” [13] In Chile, since the colonization of the Spaniards, who considered the Western Judeo-Christian values that prevail in the country and who have traditionally rejected this act, abortion has been considered both moral and socially reprehensible behavior.