Photo: ABC
For centuries, women have been oppressed, controlled, and discriminated. From fewer job opportunities to assault to systematic inequality, the fight for justice has been long fought, yet still not won. Although globally, women still face the hurdles of misogyny, Latin American culture is notorious for its patriarchal systems, more evidently seen in laws regarding abortion. The stringent view regarding reproductive rights is strongly attributed to Latin America’s colonial past. Most countries in the region were conquered by Spain or Portugal which are to this day highly catholic countries, with the official statement from the Vatican being, “Life must be protected with the utmost care from the moment of conception: abortion and infanticide are abominable crimes” (GS 51 # 3). Historically, Catholic missionaries have put to action every mean necessary to promote their religion, leading to atrocities like the Inquisition, whose headquarters can still be visited today in the city of Cartagena, Colombia. Instruments of torture, guillotines, unsanitary prison cells were all part of the ultimate goal of converting the native population to Catholicism. Needless to say, they succeeded, with over 90% of the Latin American population affiliating with Christianity, and over 69% with Catholicism. Because of this, abortion is not only widely taboo, but it is also illegal in many countries.
Colonial legacy did not only plague Latin America, but reformist movements in the 1960s and 70s helped European and American women advocate for more reproductive rights. The American abortion movement emerged after the death of Gerri Santoro in 1964. She died attempting to obtain an illegal abortion, and as a result became a symbol for the “pro-life” movement. Desperation gripped women around the world, yearning for control over their own body, and as a result a group known as “Jane” surged in Chicago. “Jane” was a floating abortion clinic that worked throughout the 60s in order to perform safe abortions on women. Later that decade, organizations like NARAL Pro-Choice America who advocated for women to be the ones to make the decision on whether to keep or abort the embryo. The revolutionizing Roe v. Wade case led to more lenient rules, allowing abortion if the mothers’ life was in danger, but deeming it unconstitutional if otherwise. With this court ruling as encouragement, women continued to fight for more rights which were extended in the Doe v. Bolton case as psychological well-being was included in acceptable reasoning for an abortion. As the feminist flame continued, the fight for reproductive rights unified activist groups from the United States, Netherlands, Britain, Norway, France, and Germany, but Latin America trailed behind. During this period of time, women in Latin America were also coming together to demand change, but not regarding abortion and reproductive rights. The 70s and 80s were characterized by internal political struggles, and many Latin Americans were preoccupied with dictatorships and civil wars, leaving them at a disadvantage in terms of the feminist movement. It was only in the 1980s that the region stabilized once more, and advocacy for pro-choice legislations started becoming more common. September 28th 1990 is a day to remember given that it was the Day of Action for Access to Safe and Legal Abortions, pushed to action by a feminist group in San Bernardo, Argentina. These steps were small, but steps nevertheless. From then on, some countries like Argentina, Cuba, Guyana, and Uruguay have legalized abortion upon request, and other countries accept it under certain circumstances.
Below is a list of the restrictions regarding abortion in Latin American countries:
Completely prohibited: El Salvador, Dominican Republic, Nicaragua, Honduras
Allowed only to save the mother's life: Guatemala, Paraguay, Venezuela,
Allowed only to save the mother's life and in case of rape: Brazil
Allowed only to save the mother's life or health: Costa Rica, Peru, Ecuador (and rape of disabled women)
Allowed only to save the mother's life and in case of rape or fetal malformation: Chile (since 2017), Panama
Allowed only to save the mother's life or health, and in case of rape: Bolivia
Allowed only to save the mother's life or health, and in case of rape, or fetal malformation: Colombia
Allowed on request: Argentina, Cuba, Guyana, Uruguay, and some states of Mexico (Mexico City and Oaxaca)
Recently, however, the Honduran government has approved a bill that will make it impossible to legalize abortion. Said bill is based on a constitutional article that gives fetuses the same legal status as people. The measure is called “a shield against abortion.” The basis of this reform lies in the idea that changing the constitution’s rules regarding abortion would require at least three-quarters of congress voting in favor of the change. In other words, the government would be “raising the vote threshold above what is normally necessary for constitutional reforms” and because of this, it is nearly impossible for congress to reach the voter numbers to change the country’s abortion law. Cristina Alvarado, a representative of the Women’s Movement for Peace said, “[The legislators] want to shield against the possibility of future legislation that would decriminalize abortion." Nevertheless, the legislation still needs to be ratified by a second vote. Worryingly, 88 legislators were in favor of the measure while only 28 were against, showing a dim future for the decriminalization of abortion. The country came close to decriminalizing abortion in 2017 on the basis of rape, incest, when the mother is at risk, and when the fetus cannot survive outside the womb. However, only eight out of the 2128 legislators voted in favor of passing the reform.
The thought process behind getting an abortion is a life-changing one for most women. It is never a decision that is taken lightly, sometimes it made out of pure necessity. Many pro-choice advocates argue that by not legalizing abortion, women are left in vulnerable situations as they will seek illegal methods of attaining one, often in unsanitary and unsafe conditions. There are stories reported by local Honduran OB/GYN’s stating that “There have been cases where once you do the physical examination you find coins or even nails in the vaginal cavity.” This comes as a result from desperate women not having access to safe abortions, but also not having the means to continue the pregnancy, may it be due to financial, emotional, or health reasons.
Women should have autonomy over their bodies. It is time to leave oppressive ideals behind that dictate whether a woman can have an abortion based on archaic religious beliefs and societal taboos. It is time that women are respected and valued enough to have their future in their own hands, not in that of powerful decision-makers. Abortion is a complex issue full of heavy emotions, traumas, and reflections, but it is vital that women are empowered and protected when making decisions regarding their bodies, especially for the progression of society into a more tolerant and inclusive community.
Written By: Carolina Mejia Rodriguez
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