Abortion in Uruguay is legal on request before twelve weeks of gestation, after a five-day reflection period. [1] Abortion has been legalized in Uruguay since 2012. Uruguay is one of only four countries in South America where abortion is legal on request; the other three are Argentina, Guyana and Colombia.
Prior to legalization, the punishment for having an abortion was 3 to 12 months in prison, while performing an abortion was punishable by 6 to 24 months in prison. [2] A judge could mitigate the pregnant woman's sentence in certain circumstances. These included economic hardship, risk for the woman's life, rape, or family honor. [3]
On November 11, 2008, the Senate voted 17 to 13 to support a bill which decriminalized abortion. [4] This bill was vetoed by President Tabaré Vázquez on November 14 of the same year. [5]
In December 2011, the Senate voted 17 to 14 to support a bill which would decriminalize abortion in their country. The bill would allow abortion after 12 weeks (fetal age 10 weeks) in cases of rape or incest. [6] President Jose Mujica has said he would sign the bill if it passed the Chamber of Deputies. [7] The Chamber of Deputies later passed the bill.
Before abortion was legalized, Uruguay's women suffered 20,000 hospitalizations because of unsafe abortion every year, until a harm reduction strategy was adopted to enable women to initiate medical abortion at home[ citation needed ]. Medical abortion is non-surgical, so it does not introduce instruments into the womb; danger of infection from septic abortion is therefore much lower. [8]
Abortion was made illegal in Uruguay in 1938. Many women and girls died every year from complications of unsafe abortions. In 2004, a team of professionals including gynecologists, midwives, psychologists, nurses and social workers founded a group called Iniciativas Sanitarias ("Health Initiatives"). As part of a larger goal to promote sexual rights and abortion as a "human right", they focused on unintended or "unwanted" pregnancies and their consequences. [9] They say that women should not have to pay for abortion of the unborn child's life with their own lives, and that pregnant women have a right to health information and emotional support, as well as post-abortion medical care. Their group aims to provide both respect and confidentiality. [8]
In 2012, Uruguay decriminalized abortion. While a number of politicians and advocacy groups protested its legalization, in 2013, they failed to muster the required support for a national referendum to settle the matter, [10] and the political positions are varied, with leaders from all the parties that think differently. [11] This debate is found throughout Latin America and is reflected in the countries' diverse policies on abortion and reproductive healthcare. The same "Pro-vida" movements and "Marea Verde" movements are found throughout the region as well. [12]
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution.
Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:
Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.
Chile's abortion laws have undergone significant changes in recent years. Prior to 2017, Chile had one of the strictest abortion laws globally, prohibiting the practice altogether. However, since then, abortion has become legal in certain circumstances.
Abortion in Brazil is a crime, with penalties of one to three years of imprisonment for the recipient of the abortion, and one to four years of imprisonment for the doctor or any other person who performs the abortion on someone else. In three specific situations in Brazil, induced abortion is not punishable by law: in cases of risk to the pregnant person's life; when the pregnancy is the result of rape; and if the fetus is anencephalic. In these cases, the Brazilian government provides the abortion procedure free of charge through the Sistema Único de Saúde. This does not mean that the law regards abortion in these cases as a right, but only that women who receive abortions under these circumstances, and the doctors, will not be punished. The punishment for a woman who performs an abortion on herself or consents to an abortion performed by another outside these legal exceptions is one to three years of detention. The base penalty for a third party that performs an illegal abortion with the consent of the patient, ranges from one to four years of detention, with the possibility of increase by a third if the woman comes to any physical harm, and can be doubled if she dies. Criminal penalties fixed at four years or less can be converted to non-incarceration punishments, such as community service and compulsory donation to charity.
An unsafe abortion is the termination of a pregnancy by people lacking the necessary skills, or in an environment lacking minimal medical standards, or both. An unsafe abortion is a life-threatening procedure. It includes self-induced abortions, abortions in unhygienic conditions, and abortions performed by a medical practitioner who does not provide appropriate post-abortion attention. About 25 million unsafe abortions occur a year, of which most occur in the developing world.
Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.
The Broad Front is a left-wing political coalition in Uruguay. It was the ruling party of Uruguay from 2005 to 2020 and has produced two presidents: José Mujica (2010–2015) and Tabaré Vázquez. Since 1999, it has been the largest party in Uruguay's General Assembly.
Abortion in Iran, as can be expected of many government policies, changed drastically between governments.
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.
Since 2021, abortion has no longer been a federal crime in Mexico. However, the criminal law in Mexico varies by state. On 7 September 2021, the Mexican Supreme Court unanimously ruled that penalising abortion is unconstitutional, setting a precedent across the whole country. Before 2019, abortion had been severely restricted outside of Mexico City, where it was legalized on-request in 2007. As of August 2023, abortion is available on request to any woman during the first twelve weeks of a pregnancy in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Jalisco, and Aguascalientes. However, even in states where abortion is legal, there continue to be women in pre-trial detention for murder due to spontaneous miscarriage.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Abortion in Bolivia is illegal, except in the cases of rape, incest, or to protect the woman's health. This policy forms part of the Penal Code laid down in 1973, and has been in force since then. Due to the difficulty of receiving abortions—even if the abortion does fall under one of the exceptions to the law, judicial permission needs to be secured, which can take a very long time—many pregnant women end up having unsafe, clandestine abortions instead. According to the Bolivian Ministry of Health, almost all of the 67,000 abortions performed in Bolivia in 2011 were clandestine, with approximately half of the women who received them needing hospital care afterwards. This practice has been linked to the high maternal mortality rates in the country.
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 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.
In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.
The Dominican Republic is one of 24 countries in the world and one of six in Latin America that has a complete ban on abortion. This complete ban includes situations in which a pregnant person’s life is at risk.
Abortion in Cuba is legal and available upon request, which is rare in Latin America because of widespread Catholic influence.
Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.
Latin America is home to some of the few countries of the world with a complete ban on abortion and minimal policies on reproductive rights, but it also contains some of the most progressive reproductive rights movements in the world. With roots in indigenous groups, the issues of reproductive rights include abortion, sexual autonomy, reproductive healthcare, and access to contraceptive measures. Modern reproductive rights movements most notably include Marea Verde, which has led to much reproductive legislation reform. Cuba has acted as a trail-blazer towards more liberal reproductive laws for the rest of Latin America, while other countries like El Salvador and Honduras have tightened restrictions on reproductive rights.
A popular consultation to convene a referendum on repealing the law on decriminalization of abortion was held in Uruguay on 23 June 2013. The proposal failed to muster the required popular support.