Abortion in Guatemala

Last updated

Abortion in Guatemala is illegal, except when needed to save the woman's life. [1] Abortion was illegal without exception prior to 1973. Congressional Decree 17-73 altered the penal code to allow abortion in cases in which the pregnant woman's life is endangered in September 1973. The procedure must be done by a physician and approved by a second doctor.

Contents

Article 3 of Chapter I in Title II of the Constitution of Guatemala grants the right to life from the point of conception. This article states that the government "guarantee and protects human life since its conception, as same as the integrity and security of the person."

History and general context

Articles 133 to 140 in Guatemala's Constitution detail the imprisonment sentences for women and doctors who seek or provide abortion care. The length of the sentences varies based on the context of the abortion. Some factors that affect the sentencing are: whether the involved parties had knowledge of pregnancy, if there was consent of the woman and if violence contributed to the abortion. [2] There is an increase in the severity of punishment for nonconsensual abortions and abortions because of assault. However, abortion is strictly illegal in instances of the preservation of physical health, mental health, rape, incest, fetal impairment, economic or social reasons or by request. Abortion is only permitted in Guatemala to save the woman's life given that all other means of saving her life had been tried. [2] The government has attempted to lower the mortality rates of mothers and infants from induced abortions by advocating for the use of contraception as a preventive measure for an unwanted pregnancy. The method of contraception most commonly used is sterilization, which accounted for 60% of all the contraceptive use in Guatemala in 1995. [2] In 1995, the contraceptive use among married women in Guatemala ages 15–44 was 27% and grew to 43% in 2002. [3] However, unmet need for contraception among women in this age range rose from 19% to 28% from 1987 to 2002, [3] showing that the reproductive health services in Guatemala are insufficient to help the entire population.

Current political debate

Since 1973, the Guatemalan government has expressed concern over the number of induced abortions. This has led to discussion over the number of health clinics that treat women suffering from complications from an induced abortion. There are one hundred and eighty-three health clinics in Guatemala that treat the effects of an induced abortion. They are mainly concentrated in the Southwest and Metropolitan regions of the country, where abortion rates are the highest. However, the population in these areas is so dense that there are fewer health clinics per woman than there are in other areas of the country. Most areas in Guatemala have twelve to thirteen health clinics per one hundred thousand women, but in the Southwest and Metropolitan regions there are only seven facilities per one hundred thousand women. In some regions, the ratio is as low as four clinics per one hundred thousand women. [3]

On 15 March 2022, Congress decided not to proceed with a law that would have increased penalties for abortion (as well as prohibiting same-sex marriage and restricting speech about sexual topics in schools). President Alejandro Giammattei had said he would veto it. [4]

Role of religion

Revisiting the abortion law and access to health clinics and contraception in Guatemala can be difficult, given the prominence of Catholicism in the country. In schools, there is little to no teaching on comprehensive sex education because of the influence of the Catholic Church. [5] In 2009, it was estimated that 65–70% of the Guatemalan population was Catholic. [6] Furthermore, the Catholic Church is very politically active. They participate in the Foro Guatemala, established in August 2001, that allows organizations and institutions to discuss issues of national importance. [7] [6] It provides a space for religious groups to voice views on abortion that influence the election and activities of politicians who are responsible for shaping Guatemalan law on abortion. Since the stance of the Catholic Church is conservative on abortion, Guatemala has strict abortion laws.

The law is divided into eight different articles numbered 133–140. The first article establishes Guatemala's legal definition of abortion as "the death of the product of conception at any time of pregnancy", while the rest address the imprisonment punishments associated with abortion.

Article 134 states that "a woman who causes her abortion or consents to another person causing it, shall be punished with imprisonment of one to three years. If driven for reasons linked intimately to her state that produce undoubted psychic disturbance, the penalty shall be imprisonment of six months to two years".

Article 135 concerns the role of consent in an abortion. If the woman consents to the abortion then the imprisonment term for the woman and the person who provided the service is one to three years. If the abortion is carried out intentionally without the consent of the woman then imprisonment is extended to three to six years. This article also addresses the nature of the abortion, stating that if "violence, threat, or deceit has been employed, the penalty shall be imprisonment of four to eight years".

Article 136 addresses the punishment for the person who incurred the abortion if the woman dies. If she consented and then died the punishment is three to eight years but if she did not consent then imprisonment is four to twelve years.

Article 137 states that an abortion with the consent of the woman and with the support of another doctor is not punishable if the death of the fetus was not intentional and was solely a result of trying to save the life of the mother, given that all other means of saving her were utilized.

Article 138 addresses unintended abortion. If violence occurs and an abortion is unintentionally caused while it is obvious that the victim is pregnant then imprisonment for the person responsible for the violence is one to three years. If there are injuries incurred onto the woman that are more than just an abortion then the length of imprisonment is increased by one third.

Article 139 address negligent abortion which is punished by one to three years' imprisonment given the woman knew she was pregnant.

Article 140 addresses specific aggravation related to abortion and states that "A doctor who, abusing his or her profession, causes the abortion or cooperates in it shall be punished with the penalties provided for in Article 135, with a fine of five hundred to three thousand quetzals, with disqualification of exercising his or her profession for two to five years". [8]

Effects of illegalization

Induced abortions and abortion rates

In Guatemala, there are around 65,000 induced abortions provided each year, of which around 21,600 require hospitalization for complications. [3] The abortion rate in Guatemala is about 24 per 1,000 women ages 15–49. The abortion rate is slightly higher in the southwest region of Guatemala, which is less developed and consists of a mostly indigenous population, and in metropolitan regions which have a high population concentration. In these areas of the country, abortions occur at a rate of about 29–30 per 1,000 women in the same age range. Nationally, the unintended pregnancy rate is around 66 per 1,000 women, meaning that about half of all unintended pregnancies result in a woman attempting an induced abortion [3]

Controversy

On February 24, 2017, a vessel docked in port of Puerto Quetzal, run by a group called Women on Waves, to provide abortion pills in international waters. The vessel, though it claimed it had permit rights to dock in Guatemala, was forced to leave by the Guatemalan army under orders from President Jimmy Morales and women were kept from boarding. [5] The Guatemalan government justified their actions by stating that they were defending "human life and the laws of the country".

See also

Related Research Articles

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reasons women give for having an abortion are for birth-timing and limiting family size. Other reasons reported include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest.

<span class="mw-page-title-main">Abortion in France</span> Overview of the legality and prevalence of abortions in France

Abortion in France is legal upon request until 14 weeks after conception. Abortions at later stages of pregnancy up until birth are allowed if two physicians certify that the abortion will be done to prevent injury to the physical or mental health of the pregnant woman; a risk to the life of the pregnant woman; or that the child will suffer from a particularly severe illness recognized as incurable. The abortion law was liberalized by the Veil Act in 1975.

Abortion in Iran, as can be expected of many government policies, changed drastically between governments.

Abortion is illegal in the Philippines.

Abortion is illegal in El Salvador. The law formerly permitted an abortion to be performed under some limited circumstances, but in 1998 all exceptions were removed when a new abortion law went into effect.

Abortion in Italy became legal in May 1978, when Italian women were allowed to terminate a pregnancy on request during the first 90 days. A proposal to repeal the law was considered in a 1981 referendum, but was rejected by nearly 68% of voters; another referendum aimed at eliminating the restrictions was rejected by 88.4%.

Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made the woman pregnant for fear of getting into legal trouble, rights advocates say.

<span class="mw-page-title-main">Abortion in Colombia</span>

Abortion in Colombia is freely available on request up to the 24th week of pregnancy, due to a ruling by the Constitutional Court on February 21, 2022. Later in pregnancy, it is only allowed in cases of risk of death to the pregnant woman, fetal malformation, or rape, according to a Constitutional Court ruling in 2006.

Abortion in Panama is illegal except in instances that the pregnancy is life-threatening or the health of the woman is at risk, or if the pregnancy is the result of rape or incest.

Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution, and the country has one of Latin America's most restrictive laws.

Unintended pregnancies are pregnancies that are mistimed or unwanted at the time of conception, also known as unplanned pregnancies.

Abortion in Greece has been fully legalized since 1986, when Law 1609/1986 was passed effective from 3 July 1986. Partial legalization of abortion in Greece was passed in Law 821 in 1978 that provided for the legal termination of a pregnancy, with no time limitation, in the event of a threat to the health or life of the woman. This law also allowed for termination up to the 12th week of pregnancy due to psychiatric indications and to the 20th week due to fetal pathology. Following the passage of the 1986 law, abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded 12 weeks. In the case of rape or incest, an abortion can occur as late as 19 weeks, and as late as 24 weeks in the case of fetal abnormalities. In case of inevitable risk to the life of the pregnant woman or a risk of serious and continuous damage to her physical or mental health, termination of pregnancy is legal any time before birth. Girls under the age of 18 must get written permission from a parent or guardian before being allowed an abortion.

Abortion in Liechtenstein is illegal in most circumstances with limited exceptions in cases where the life of the pregnant woman is at risk, or where the pregnancy has resulted from a sexual offence. Religion in Liechtenstein is mainly Roman Catholic, which is reflected in the faith of the ruling Princely House of Liechtenstein and in the country's laws and culture around pregnancy.

Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.

Abortion in Azerbaijan is legal on request up to 12 weeks of pregnancy, and in specific circumstances between 12 and 28 weeks. The current abortion law of Azerbaijan is based on the abortion law of the Soviet Union of 1955 when Azerbaijan was a Republic of the Soviet Union, and no changes were made after Azerbaijan became independent in 1991. Between 1965 and 1987 the abortion rate used to be very high. Since independence, the abortion rate has almost halved and relatively stabilized after 2000. In the 2014, 13.8% of pregnancies in Azerbaijan ended in abortion, a slight rise from the all-time low recorded in 2005 (12.1%).

<span class="mw-page-title-main">Abortion in South Korea</span> Overview of the legality and prevalence of abortions in South Korea

Abortion in South Korea was decriminalized, effective 1 January 2021, by a 2019 order of the Constitutional Court of Korea. It is currently legal throughout pregnancy, as no new law has been enacted. Thus there are no gestational limits or other restrictions.

In Yemen, abortions are only “permitted to save the life of a pregnant woman”, making it one of the strictest abortion laws in the Middle East and the world. Abortion is not widely accepted in Yemeni society. However, because of the recent conflict in Yemen, rape, honor killings, and unsafe abortions have increased in Yemen. According to a study conducted by Canadian Studies in Population, the number of unsafe and illegal abortions are high in Yemen, which can lead to fatal health risks for women.

Abortion in Ghana is banned except when there is a valid exemption. The abortion should also be conducted only at a government hospital; registered private hospital, clinics registered under the Private Hospitals and Maternity Homes Act, 1958 and a place approved by the Minister of Health by a Legislative Instrument. Illegal abortions are criminal offenses subject to at most five years in prison for the pregnant woman who induced said abortion, as well as for any doctor or other person who assisted this pregnant woman in accessing, or carrying out, an abortion. Attempts to cause abortions are also criminal, as are the purveyance, supply, or procurement of chemicals and instruments whose intent is to induce abortions.

<span class="mw-page-title-main">Abortion in Kenya</span> Termination of pregnancy in Kenya

Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

References

  1. ↑ Worrell, Marc. "Abortion Law Guatemala". Women on Waves. Retrieved 16 April 2018.
  2. 1 2 3 "Abortion Policies: A Global Review". United Nations Population Division. United Nations.
  3. 1 2 3 4 5 Singh, Susheela; Prada, Elena; Kestler, Edgar. "Induced Abortion and Unintended Pregnancy in Guatemala". International Family Planning Perspectives.
  4. ↑ "Guatemala Drops Law Imprisoning Women For Getting Abortions". HuffPost. 2022-03-16. Retrieved 2022-03-16.
  5. 1 2 Erickson, Amanda. "Dutch Vessel Offering Abortion Services Docked in Guatemala. The Army Seized It". Washington Post.
  6. 1 2 "Guatemala-International Religious Freedom Report 2009". US State Dept. US State Dept.
  7. ↑ "Foro Guatemala". ASIES. ASIES.
  8. ↑ "Abortion Laws of the World". Annual Review of Population Law.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.