Freedom of wombs
Encyclopedia
Freedom of wombs was a judicial principle applied in several countries in South America
in the 19th century which automatically freed slaves
' children at their birth, rather than becoming the property of the parents' owners.
an Manuel de Salas in 1811.
In Argentina
, the Law of Wombs was passed on February 2, 1813 by the Assembly of Year XIII
. The law stated that those born after January 31, 1813 would be granted freedom when contracting matrimony, or on their 16th birthday for women and 20th for men, and upon their manumission
would be given land and tools to work it. In 1853, slavery was completely abolished.
In Peru
, president José de San Martín
established the freedom of wombs for those born after the declaration of independence
(1821).
In Colombia
, the Law of wombs was first passed by the government of Antioquia
in 1814, but it was not until 1824 that the country accepted it.
The law was proposed in Spain
in 1869, passed in 1870 and took effect in 1872. It primarily applied to Cuba
and Puerto Rico
, since slavery had been abolished in Spain in 1837. It is also known as Ley Moret (Moret Law
).
Venezuela endorsed a similar law in 1821, as well as Ecuador
,
Uruguay
in 1825, Paraguay
in 1842 and Brazil
in 1871.
It is to be noted that countries which passed this law did abolish slavery
completely in later years. Similar laws, under less colorful names, had been passed in some of the United States (New York
in 1799, New Jersey
in 1804) and were also to lead eventually to abolition.
South America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
in the 19th century which automatically freed slaves
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
' children at their birth, rather than becoming the property of the parents' owners.
By country
A movement for American freedom from Spain grew in the American colonies in the 19th century, brought about by liberal ideas such as the abolition of slavery. One of the first steps was the Ley de Libertad de Vientres law created by ChileChile
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...
an Manuel de Salas in 1811.
In Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, the Law of Wombs was passed on February 2, 1813 by the Assembly of Year XIII
Asamblea del Año XIII
The Assembly of Year XIII was a meeting called by the Second Triumvirate governing the young republic of the United Provinces of the Río de la Plata on October 1812....
. The law stated that those born after January 31, 1813 would be granted freedom when contracting matrimony, or on their 16th birthday for women and 20th for men, and upon their manumission
Manumission
Manumission is the act of a slave owner freeing his or her slaves. In the United States before the passage of the Thirteenth Amendment to the United States Constitution, which abolished most slavery, this often happened upon the death of the owner, under conditions in his will.-Motivations:The...
would be given land and tools to work it. In 1853, slavery was completely abolished.
In Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, president José de San Martín
José de San Martín
José Francisco de San Martín, known simply as Don José de San Martín , was an Argentine general and the prime leader of the southern part of South America's successful struggle for independence from Spain.Born in Yapeyú, Corrientes , he left his mother country at the...
established the freedom of wombs for those born after the declaration of independence
Independence of Peru
The Peruvian War of Independence was a series of military conflicts beginning in 1809 that culminated in the proclamation of the independence of Peru by José de San Martín on July 28, 1821. During the previous decade Peru had been a stronghold for royalists, who fought those in favor of...
(1821).
In Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, the Law of wombs was first passed by the government of Antioquia
Antioquia Department
Antioquia is one of the 32 departments of Colombia, located in the central northwestern part of Colombia with a narrow section that borders the Caribbean Sea. Most of its territory is mountainous with some valleys, much of which is part of the Andes mountain range...
in 1814, but it was not until 1824 that the country accepted it.
The law was proposed in Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
in 1869, passed in 1870 and took effect in 1872. It primarily applied to Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, since slavery had been abolished in Spain in 1837. It is also known as Ley Moret (Moret Law
Moret Law
The Moret Law was a form of freedom of wombs approved in Spain on July 4, 1870 for application in the colonies as a result of the efforts of Roman Baldorioty de Castro, Luis Padial, Julio Vizcarrondo, and Segismundo Moret...
).
Venezuela endorsed a similar law in 1821, as well as Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
,
Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
in 1825, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
in 1842 and Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
in 1871.
It is to be noted that countries which passed this law did abolish slavery
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
completely in later years. Similar laws, under less colorful names, had been passed in some of the United States (New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in 1799, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
in 1804) and were also to lead eventually to abolition.