Abortion in Chile
Encyclopedia
Abortion
in Chile
is illegal without exception. The Chilean abortion law is considered one of the most restrictive in the world.
was permitted by the Health Code in 1931 but abolished by the military dictatorship on September 15, 1989, arguing that due to advances in medicine it was "no longer justifiable." Before the ban, any woman whose life was in danger could ask to get an abortion, if she had the approval of two doctors.
Current laws against abortion are codified in the Penal Code articles 342 to 345 under the title "Crimes and Offences against Family Order, Public Morality and Sexual Integrity." The Penal Code punishes induced abortion, as well as those caused by a violent act against a woman. The person practicing the abortion with the consent of the woman is also punished. The penalty for seeking an abortion is 3–5 years in jail and 541 days to three-years jail time for providing an abortion. The country's constitution
in article 19-1, states that "the law protects the life of those about to be born."
Since 1990 15 abortion-related bills have been submitted by legislators to Congress for discussion; 12 in the Chamber of Deputies
and three in the Senate
. About half called to either increase existing penalties or to create legal barriers to make it more difficult for abortion to be legalized. Two other bills suggested erecting monuments to the "innocent victims of abortion." Four bills have requested for abortion to be allowed when the mother's life is at risk and one in the case of rape. Nine are currently in review and one has been rejected. Five others have been archived, which means they have not been discussed for two years. Two identical bills requesting for the reestablishment of therapeutic abortion, as it was before 1989, are currently in review in the Chamber's Medical Commission, the first submitted on January 23, 2003, and the latest on March 19, 2009.
In November 2004, the United Nations
(UN) committee monitoring compliance with the International Covenant on Economic, Social and Cultural Rights
(CESCR) ruled that Chile should allow abortion in cases of rape and incest. In 2007, the United Nations Human Rights Council
expressed concern over the country's "improperly restrictive" legislation on abortion, especially in cases where the life of the mother is at risk. The UN's High Commissioner for Human Rights
also expressed concern over the country's "excessively restrictive abortion laws" in May 2009.
program in 1964. Deaths due to illegal abortions dropped from 118 to 24 per 100,000 live births between 1964 and 1979.
There was also a statistically significant decrease in maternal deaths due to abortion from 1990 to 2000. Experts attribute the decline in hospitalizations due to abortion during this period to the increased use of sterilization
and antibiotic
s by illegal abortion providers, the increased availability of the abortifacient
drug misoprostol
, and the increased use of contraception
.
In the period 2000 to 2004, abortion was the third leading cause of maternal mortality in the country, accounting for 12% of all maternal deaths. While there are no accurate statistics, it is estimated that between 2000 and 2002 there were between 132,000 and 160,000 abortions in the country.
A 1997 study found that the majority of eighty women prosecuted in Santiago
for having an abortion were young, single mothers, and that many were domestic workers who had moved to the city from rural areas. It also found most of the women were reported to authorities by the hospital at which they sought treatment for their complications, and had no legal representation, or were defended by inexperienced law students.
survey found that 26% of Chileans believed that abortion is "justified," up from 18% in 1990.
A July 2008 all-female nation-wide face-to-face poll by NGO Corporación Humanas found that 79.2% of Chilean women were in favor of decriminalizing abortion when the life of the pregnant woman is at risk; 67.9% said it was urgent to legislate of the matter. According to the study, 74.0% of women believed abortion should be permitted in cases of rape, 70.1% in instances of fetal abnormality and 24% in all cases a woman decided it was appropriate.
A March 2009 nation-wide telephone poll published by La Tercera
newspaper found 67% were against abortion, 19% in favor and 11% in favor only in extreme cases. Regarding therapeutic abortion (when the life of the pregnant woman is at risk), 48% were in favor, 3% only in extreme cases and 47% were against. In cases where the baby would be born with a defect or disease that would most likely cause the baby's death, 51% were against permitting an abortion, 45% were in favor and 2% only in extreme cases. 83% were against performing an abortion on an underage girl who had unprotected sex, while 14% were in favor. 57% were in favor of abortion in the case of rape, with 39% against it.
An October 2009 opinion poll published by Universidad Diego Portales
and covering 85% of urban areas of Chile found that a majority were against abortion when the pregnant woman or couple did not have the economic means to raise a baby (80%), when the pregnant woman or couple did not want to have a baby (68%), and when the fetus had a "serious defect" (51%). On the other hand, a majority were in favor of abortion when the pregnant woman's health is at risk (63%) and in cases of rape (64%).
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
in Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
is illegal without exception. The Chilean abortion law is considered one of the most restrictive in the world.
Legal background
Therapeutic abortionTherapeutic abortion
Therapeutic abortion is abortion induced following a medical diagnosis. Many therapeutic abortions are performed today, with some degree of controversy regarding the quality of life, if there is a genetic condition in the embryo or fetus which is incompatible with life Therapeutic abortion is...
was permitted by the Health Code in 1931 but abolished by the military dictatorship on September 15, 1989, arguing that due to advances in medicine it was "no longer justifiable." Before the ban, any woman whose life was in danger could ask to get an abortion, if she had the approval of two doctors.
Current laws against abortion are codified in the Penal Code articles 342 to 345 under the title "Crimes and Offences against Family Order, Public Morality and Sexual Integrity." The Penal Code punishes induced abortion, as well as those caused by a violent act against a woman. The person practicing the abortion with the consent of the woman is also punished. The penalty for seeking an abortion is 3–5 years in jail and 541 days to three-years jail time for providing an abortion. The country's constitution
Constitution of Chile
In its temporary dispositions, the document ordered the transition from the former military government, with Augusto Pinochet as President of the Republic, and the Legislative Power of the Military Junta , to a civil one, with a time frame of eight...
in article 19-1, states that "the law protects the life of those about to be born."
Since 1990 15 abortion-related bills have been submitted by legislators to Congress for discussion; 12 in the Chamber of Deputies
Chamber of Deputies of Chile
The Chamber of Deputies of the Republic of Chile is the lower house of Chile's bicameral Congress. Its organisation and its powers and duties are defined in articles 42 to 59 of Chile's current constitution....
and three in the Senate
Senate of Chile
The Senate of the Republic of Chile is the upper house of Chile's bicameral National Congress, as established in the current Constitution of Chile.-Composition:...
. About half called to either increase existing penalties or to create legal barriers to make it more difficult for abortion to be legalized. Two other bills suggested erecting monuments to the "innocent victims of abortion." Four bills have requested for abortion to be allowed when the mother's life is at risk and one in the case of rape. Nine are currently in review and one has been rejected. Five others have been archived, which means they have not been discussed for two years. Two identical bills requesting for the reestablishment of therapeutic abortion, as it was before 1989, are currently in review in the Chamber's Medical Commission, the first submitted on January 23, 2003, and the latest on March 19, 2009.
In November 2004, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN) committee monitoring compliance with the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
(CESCR) ruled that Chile should allow abortion in cases of rape and incest. In 2007, the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
expressed concern over the country's "improperly restrictive" legislation on abortion, especially in cases where the life of the mother is at risk. The UN's High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights
The Office of the United Nations High Commissioner for Human Rights is a United Nations agency that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948...
also expressed concern over the country's "excessively restrictive abortion laws" in May 2009.
Women's health
Concern over high maternal mortality rates resulting from illegal abortion lead the Chilean government to launch a publicly-funded family planningFamily planning
Family planning is the planning of when to have children, and the use of birth control and other techniques to implement such plans. Other techniques commonly used include sexuality education, prevention and management of sexually transmitted infections, pre-conception counseling and...
program in 1964. Deaths due to illegal abortions dropped from 118 to 24 per 100,000 live births between 1964 and 1979.
There was also a statistically significant decrease in maternal deaths due to abortion from 1990 to 2000. Experts attribute the decline in hospitalizations due to abortion during this period to the increased use of sterilization
Asepsis
Asepsis is the state of being free from disease-causing contaminants or, preventing contact with microorganisms. The term asepsis often refers to those practices used to promote or induce asepsis in an operative field in surgery or medicine to prevent infection...
and antibiotic
Antibiotic
An antibacterial is a compound or substance that kills or slows down the growth of bacteria.The term is often used synonymously with the term antibiotic; today, however, with increased knowledge of the causative agents of various infectious diseases, antibiotic has come to denote a broader range of...
s by illegal abortion providers, the increased availability of the abortifacient
Abortifacient
An abortifacient is a substance that induces abortion. Abortifacients for animals that have mated undesirably are known as mismating shots....
drug misoprostol
Misoprostol
Misoprostol is a drug that is used for the prevention of non steroidal anti inflammatory drug induced gastric ulcers, for early abortion, to treat missed miscarriage, and to induce labor. The latter use is controversial in the United States. Misoprostol was invented and marketed by G.D...
, and the increased use of contraception
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
.
In the period 2000 to 2004, abortion was the third leading cause of maternal mortality in the country, accounting for 12% of all maternal deaths. While there are no accurate statistics, it is estimated that between 2000 and 2002 there were between 132,000 and 160,000 abortions in the country.
A 1997 study found that the majority of eighty women prosecuted in Santiago
Santiago, Chile
Santiago , also known as Santiago de Chile, is the capital and largest city of Chile, and the center of its largest conurbation . It is located in the country's central valley, at an elevation of above mean sea level...
for having an abortion were young, single mothers, and that many were domestic workers who had moved to the city from rural areas. It also found most of the women were reported to authorities by the hospital at which they sought treatment for their complications, and had no legal representation, or were defended by inexperienced law students.
Public opinion
A July 2006 MORIMORI
Ipsos MORI is the second largest market research organisation in the United Kingdom, formed by a merger of Ipsos UK and MORI, two of the Britain's leading survey companies in October 2005...
survey found that 26% of Chileans believed that abortion is "justified," up from 18% in 1990.
A July 2008 all-female nation-wide face-to-face poll by NGO Corporación Humanas found that 79.2% of Chilean women were in favor of decriminalizing abortion when the life of the pregnant woman is at risk; 67.9% said it was urgent to legislate of the matter. According to the study, 74.0% of women believed abortion should be permitted in cases of rape, 70.1% in instances of fetal abnormality and 24% in all cases a woman decided it was appropriate.
A March 2009 nation-wide telephone poll published by La Tercera
La Tercera
La Tercera , formerly known as La Tercera de la Hora , is a daily newspaper published in Santiago, Chile and owned by Copesa. It is El Mercurios closest competitor....
newspaper found 67% were against abortion, 19% in favor and 11% in favor only in extreme cases. Regarding therapeutic abortion (when the life of the pregnant woman is at risk), 48% were in favor, 3% only in extreme cases and 47% were against. In cases where the baby would be born with a defect or disease that would most likely cause the baby's death, 51% were against permitting an abortion, 45% were in favor and 2% only in extreme cases. 83% were against performing an abortion on an underage girl who had unprotected sex, while 14% were in favor. 57% were in favor of abortion in the case of rape, with 39% against it.
An October 2009 opinion poll published by Universidad Diego Portales
Universidad Diego Portales
Diego Portales University is one of the first private universities founded in Chile and is named after the Chilean statesman Diego Portales.Since its foundation, the University has consistently been focused on academic improvement, which has led UDP to be positioned as one of the best universities...
and covering 85% of urban areas of Chile found that a majority were against abortion when the pregnant woman or couple did not have the economic means to raise a baby (80%), when the pregnant woman or couple did not want to have a baby (68%), and when the fetus had a "serious defect" (51%). On the other hand, a majority were in favor of abortion when the pregnant woman's health is at risk (63%) and in cases of rape (64%).