In which Latin American countries abortion is legal, restricted or prohibited

Although five countries in Latin America contemplate an absolute ban on abortion in their penal codes, there are others that are taking steps towards their legalization.

Colombia has just joined the small group of countries in the region where the voluntary termination of pregnancy is decriminalized in the first weeks of gestation.

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The decision of the Constitutional Court of Colombia, which occurs after months of delays due to various obstacles, allows abortion up to 24 weeks of gestation.

With the ruling, Colombia joins Argentina and Mexico, which in recent months have also decriminalized the voluntary interruption of pregnancy.

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At the end of 2020, Argentina approved abortion in the first 14 weeks of gestation. And in September 2021, the Supreme Court of Justice of Mexico declared it unconstitutional to criminalize abortion in an absolute manner, as well as to recognize the right to life from conception.

His decision referred to the laws of the states of Coahuila and Sinaloa, but the court ruling set a precedent for its application in the rest of the states of Mexico because it was adopted with a qualified majority of the Court.

Legal abortion is a measure demanded for years by many groups of women in Latin America, but it also has many detractors.

Next, we review the situation in the region in terms of legislation on the decriminalization of abortion.

Pro-abortion protesters in Argentina. (AFP).

Countries where it is legal:

The countries or territories of Latin America where abortion is decriminalized in certain periods of gestation are:

• Colombia
• Argentina
• Mexico
• Uruguay
• Cuba
• Guyanese
• French Guiana
• Puerto Rico

Countries where it is prohibited without exceptions:

The prohibition without exceptions of the involuntary interruption of pregnancy is provided for in the penal codes of:

• The Savior
• Honduras
• Nicaragua
• Dominican Republic
• Haiti

A range of conditions depending on the country

In the rest of Latin America, all States incorporate grounds to a greater or lesser extent for the interruption of pregnancy.

5 countries in the region prohibit abortion in any case. (GETTY IMAGES).

Paraguay, Venezuela, Guatemala, Peru and Costa Rica they have some of the most restrictive legislation and only decriminalize abortion if the life or health of the pregnant woman is in danger.

The rest add causes that go beyond the danger of death or threat to the health of the mother, although there are also nuances.

Some countries, like Chile and Brazil they also include in their penal codes the variables of rape and inviability of the fetus.

In addition to the above, in bolivia the cause of incest is included and, in the case of Belizesocioeconomic factors.

In Ecuador abortion on three grounds: threat to the life or health of the woman, inviability of the fetus, and rape of the woman.

The differences between states of Mexico

On Mexico, each of the states has its own legislation on abortion. Restrictions vary by state, although it is legal in all states if violated.

On Mexico City, Oaxaca, Hidalgo and Veracruz Free and unconditional abortion is allowed during the first 12 weeks of gestation.

Pro-abortion protest in Mexico. (REUTERS).

In September 2021, the Supreme Court of Justice (SCJN) of Mexico unanimously declared that the legislation of Coahuila that penalizes abortion in the first stage of pregnancy, for which the northern state must modify its Penal Code.

The SCJN also declared it unconstitutional to recognize the right to life “from the moment an individual is conceived”, as contemplated by the Constitution of Sinaloa in one of its provisions that was thus invalidated.

However, the Court’s decision sets a judicial precedent for its application in the rest of the states of Mexico.

“Having reached a majority that exceeds eight votes, the reasons of the Court oblige each and every judge in Mexico; both federal and local,” assured the SCJN, opening the way to the modification of other state legislation in the country. They consider abortion a crime.

* This note was originally published in August 2018 and was updated on February 22, 2022 due to the ruling of the Constitutional Court of Colombia.

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Source: Elcomercio