What is the Assembly debating on abortion for rape?

The Legislature is not dealing with decriminalization or not, since abortion for rape is already legal in the country as a result of the ruling of the Constitutional Court.

On the morning of this December 9, 2021, the National Assembly installed the first debate about him regulation of the abortion for rape that, Since April 28, 2021, it is legal by ruling of the Constitutional Court.

Critical knots

What the Assembly is the temporality (months of gestation until which abortion will be allowed) conscientious objection and the requirements of the regulations, which have not been resolved by the Justice Commission.

Estefanía Chávez, attorney for Surkuna ‘Center for the Support and Protection of Human Rights’, say what the law should not have gestational terms and that “several international organizations have congratulated that the Ombudsman’s Office has not incorporated deadlines”. The organization states that if the causal violation is already an exceptional circumstance, adding additional requirements or burdens such as time limits to be able to access safe health services “makes access more difficult, making it even more exceptional ”.

Interventions

Legislators, activists and citizens came to the plenary session of the Assembly. They spoke little about the critical issues, there were even those who exhorted the plenary session not to “legalize abortion”, when it is legal in cases in which the woman has been a victim of sexual assault, malformations are detected in the fetus or the life of the woman. mother is in danger.

Who did focus on the ‘critical nodes’ was Ana Cristina Vera, Surkuna’s lawyer, who said that – according to data from the Prosecutor’s Office – daily a average of 11 rapes, of which the 60% are girl victims minors under 14 years of age, whose perpetrators are in their family nucleus.

Vera asked that it is important that they are not victims those who file the complaint to access an abortion, but it is the health system that takes the case to the Prosecutor’s Office and thus an investigation is initiated. He also spoke about temporality and said that only Chile, of the countries in the region, sets deadlines for the abortions of victims of rape. “A girl victim of sexual violence cannot easily detect that she is pregnant,” she said. That is why “making plans excludes girls and is inappropriate and wrong.”

María Fiallo, citizen, said that the rape abortion it does not reduce violence against women. “What they want is to change the concept of motherhood, treat it as a disease and abortion as the cure,” she said. And he added that this type of bill makes “doctors are persecuted and rapists released.” This despite the fact that the penalty for sexual abuse is within the Comprehensive Organic Penal Code (COIP), in an article other than the termination of pregnancy.

Wilfrido León, university professor and obstetrician-gynecologist, said that without legality, women provoke themselves abortions and put their lives in danger. He added that women with abortions spontaneous and provoked must be addressed. “It is an injustice that this (raped) woman got pregnant,” he said.

“When a woman is determined not to continue a pregnancy, their religion or cultural situation does not stop them,” said the health expert, and stressed that no deadlines should be set, since violated women go through a process of ‘shock’. (AVV)