NEWS
Latin America has gone through significant changes regarding reproductive rights in recent times. In countries where religious values have critical significance in people’s lives, change is difficult to imagine in the area of reproductive rights. However, feminist organizing and years of advocacy have made change possible. Now, women in some Latin countries have access to legal and safe abortion. Here you can find out what these countries are and keep up with the changes in Latin America regarding abortion rights.
Argentina: In 2020, Argentina became the largest nation in Latin America to legalize abortion, a landmark vote in a conservative region, and a victory for a grassroots movement that turned years of rallies into political power. This was a turning point in the history of Argentina as the religious opposition significantly grew in the past years. This marks the beginning of a wider separation between the state and religious values.
Chile: In September 2021, Chile’s lower house of Congress approved a plan to debate a bill that would expand women’s access to legal abortions, a “first step” that could see the country join a small but growing list of Latin American countries that are easing restrictions on the procedure.
El Salvador: In 2022, four Salvadoran women were freed from prison after a judicial review of their convictions for aggravated homicide following miscarriages. This is a significant win for feminist organizations in El Salvador, fighting not only for abortion rights but only for those women who were unjustly incarcerated. Unfortunately, some of the 17 women are still imprisoned. This win gives hope to the women who remain in prison and those fighting for their rights.
Colombia: In 2022, Colombia became the latest country in Latin America to expand access to abortion as the nation’s Constitutional Court voted to legalize the procedure until the 24th week of pregnancy.
Find more information in the links attached.
RESOURCES
On 18 December 1979, the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. This international treaty is an important reference to protect women’s rights globally. One of the rights it protects is reproductive rights. In 1999 the CEDAW committee drafted General Recommendations to protect women’s rights. In General Recommendation No. 31 (e), the Committee on the Elimination of Discrimination against Women (CEDAW Committee) recommended that States should “require all health services to be consistent with the human rights of women, including the rights to autonomy, privacy, confidentiality, informed consent, and choice.”
Click here to find a full copy of all the articles and rights included in the Convention on the Elimination of All Forms of Discrimination against Women document.
The Inter-American Court of Human Rights has established standards throughout the region to help protect women seeking reproductive health care, including abortion. These standards came from the case of Manuela vs. El Salvador. Manuela was a Salvadoran woman who died handcuffed to a hospital bed in jail after not getting an appropriate diagnosis when she was sick. She died from lymphatic cancer. She was in jail because she suffered a spontaneous abortion, so she was sent to prison to serve 30 years. The Inter-American Court of Human Rights deemed El Salvador responsible for the death of Manuela. The State was found to have violated Manuela’s rights to life, health, judicial protections and guarantees, freedom from discrimination and gender violence, and other rights. The Court ordered El Salvador to adopt structural measures toward banning the criminalization of women due to obstetric emergencies.
Find more information on this case and the outcome here
