Abortion in Venezuela

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Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution, [1] and the country has one of Latin America's most restrictive laws. [2]

Contents

The punishment for a woman who has an abortion for any other reason is a prison sentence lasting anywhere between six months and two years. While the punishment for a doctor or any person who performs the procedure is between one and three years, harsher penalties may apply if the pregnant woman dies as a result of the procedure. [3] There has been debate over this topic for several years. [4]

The Latin American and the Caribbean region holds one of the highest rates of induced abortion in the world; it is calculated that for every 1,000 live births, there are just over 300 abortions, many of which are illegal and/or clandestine abortions. [5] This mix of legal and illegal abortions is due to the region's diverse policies on abortion and access to reproductive healthcare. [6] There is not a clear statistic for Venezuela-specific abortion rates, possibly due to a great majority of the abortions that occur going undocumented. [7]

Terminology

Any surgical or medicinal method of termination of a pregnancy can be classified as an induced abortion. [8]

A clandestine abortion is one that is not performed under proper medical care or safe conditions. [9] Since abortion is illegal in Venezuela, a clandestine procedure is often the only choice that a woman has in terminating an unwanted pregnancy, unless she is faced with certain conditions.[ citation needed ]

Venezuela's policy on abortion follows the "indications model", meaning that it is permissible only when the pregnancy is a threat to the health of the pregnant woman, it is a result of rape, or the fetus cannot live outside of the womb. [10]

Legislation

Venezuela approved a law in 1926 banning abortion that was left unmodified up to 2000, when a reform allowed the procedure if the woman's life was in danger. A clause of the Venezuelan Penal Code reduces the sentence "if the author of the abortion commits it to save his or his mother, wife or children's honour". [2]

Article 340 of the Penal Code states that "a women who intentionally aborts, using means employed by herself or by a third party with their consent, shall be punished with prison for six months to two years. Article 433 offers an exception: "a person carrying out an abortion will not incur any penalty if it is an indispensable measure to save the life of the mother." Article 434 states that "the sentences established in the preceding articles shall be reduced in the proportion of one to two thirds and the imprisonment shall be converted into imprisonment, in the event that the perpetrator of the abortion has committed it to save his own honor or the honor of his wife, his mother, his descendant, his sister or his adopted daughter". [11]

History

The economic crisis in Venezuela has served as another influence on policy. Some groups[ which? ] are combating policies to fight for abortion rights.[ citation needed ] The crisis has also led to a decrease in access to contraceptives, and has caused many women to resort to sterilization and abortion as a family planning method. [12] [13]

Many anti-abortion non-governmental organizations in the country stopped offering support or disappeared after the detention in October 2020, Vannesa Rosales, an activist from Mérida state, after helping an underage rape victim to abort. Another four feminist organizations unrelated to reproductive rights stopped working after receiving threats. [2]

Access to contraceptives

Along with healthcare, particularly affected are Venezuelans' access to contraceptives. According to a 2019 estimate, around 90% of Venezuelans did not have access to birth control methods. [2] Since contraceptives are not considered an "essential medicine", they are at an even greater shortage than non-contraceptive medications. The few contraceptives available are subject to high inflation rates. For instance, a three-pack of condoms can cost several weeks' worth of minimum wage pay, [14] and a box of birth control pills can cost almost a year's worth of pay at the same rate, making them virtually unaffordable for citizens. [12]

As of 2021, informal vendors often have offered birth control pills and misoprostol (a drug that can be used to induce labor and cause a medical abortion) in online platforms such as Facebook Marketplace and MercadoLibre, Latin America's most popular online marketplace, as well as advertised in social media sites like Instagram and Twitter. [2]

Misoprostol

Misoprostol is a drug that can be used to induce labor and cause a medical abortion, which is any abortion done via drug. [15] [16] Due to abortion's legal status, Venezuelans often obtain misoprostol through the black market, which is expensive and puts the mother at risk. [17]

Misoprostol, though it is among the safer forms of clandestine abortion, can be dangerous if not taken under medical supervision. It may cause hemorrhaging and other adverse effects such as infection. [18] If left untreated, it could lead to death. It is estimated that around 6,000 women die every year in Latin America alone because of unsafe abortions. [17] Unsafe abortions, including those done via misoprostol, contribute significantly to maternal and overall female mortality in Venezuela.[ citation needed ]

Sterilization and abortion

For most, the high prices of contraceptives force them to resort to abstinence or sterilization. Though the sterilization procedure is expensive, some would rather pay over caring for children they cannot afford. This is done in lieu of later clandestine abortions. The Intercept reports that some of the women who opt for sterilization are as young as 14 years old. [12]

Social activism

During Hugo Chávez's presidency, groups such as the Feminists in Free and Direct Action for Safe Abortions in Revolution were formed to advocate to end dangerous clandestine abortions. [10] After Venezuela's National Constituent Assembly was formed in July 2017 and Argentina's Congress held a vote to legalise abortion, women's and LGBTI rights activists presented the Assembly with a series of proposals to legalise abortion and expand sexual and reproductive rights on 20 June 2018." [19]

Other efforts to support the movement include the efforts of one group to use a telephone hotline to inform women on how to safely have an abortion. [10] This hotline provides women with the ability to make an informed decision about proceeding with an abortion. It does not, however, change the legal status of abortion in Venezuela, nor does it provide women access to medical care. [17]

Catholic Church

The Catholic Church teaches that procured abortion is a mortal sin and ‘artificial' forms of birth control (such as condoms or birth control pills) are also sinful, and "that abortion is a result of widespread immorality and ignorance." [20] Protests against abortion-restrictive laws have raised concern for the Catholic community; in May 2006, Pope Benedict XVI held a meeting with President Hugo Chávez and raised concerns he may loosen abortion laws in Venezuela. [21]

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.

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.

<span class="mw-page-title-main">Self-induced abortion</span> Abortion performed by a pregnant person themselves outside the recognized medical system

A self-induced abortion is an abortion performed by the pregnant woman herself, or with the help of other, non-medical assistance. Although the term includes abortions induced outside of a clinical setting with legal, sometimes over-the-counter medication, it also refers to efforts to terminate a pregnancy through alternative, potentially more dangerous methods. Such practices may present a threat to the health of women.

<span class="mw-page-title-main">Unsafe abortion</span> Termination of a pregnancy by using unsafe methods

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.

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.

<span class="mw-page-title-main">Reproductive justice</span> Social justice movement

Reproductive justice is a critical feminist framework that was invented as a response to United States reproductive politics. The three core values of reproductive justice are the right to have a child, the right to not have a child, and the right to parent a child or children in safe and healthy environments. The framework moves women's reproductive rights past a legal and political debate to incorporate the economic, social, and health factors that impact women's reproductive choices and decision-making ability.

In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.

Abortion in Namibia is restricted under the Abortion and Sterilisation Act of South Africa (1975), which Namibia inherited at the time of Independence from South Africa in March 1990. The act only allows for the termination of a pregnancy in cases of serious threat to the maternal or fetal health or when the pregnancy is a result of rape or incest. This law has not been updated since, and attempts to liberalise it have been met with fierce opposition from religious and women's groups.

Abortion in Costa Rica is severely restricted by criminal law. Currently, abortions are allowed in Costa Rica only in order to preserve the life or physical health of the woman. Abortions are illegal in almost all cases, including when the pregnancy is a result of rape or incest and when the foetus suffers from medical problems or birth defects. Both social and economic factors have led to this legal status. It remains unclear whether abortions are legal to preserve the mental health of the woman, though the 2013 United Nations abortion report says Costa Rica does allow abortions concerning the mental health of a woman.

Abortion in Cuba is legal and available upon request, which is rare in Latin America because of widespread Catholic influence.

<span class="mw-page-title-main">Reproductive rights in Latin America</span>

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.

Abortion is illegal in Bangladesh under most situations, but menstrual regulation is often used as a substitute. Bangladesh is still governed by the penal code from 1860, where induced abortion is illegal unless the woman is in danger.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

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

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.

In 2005, the Ethiopian Parliament liberalised the abortion law to grant safe abortions to women in specific circumstances.

Abortion is illegal in Tanzania except to preserve the life of the mother. Under the Tanzanian penal code, health practitioners who perform illegal abortions may receive sentences of up to 14 years in prison, while those who procure abortions for themselves may be sentenced to up to seven years in prison.

In Madagascar, abortion is illegal in all circumstances. The abortion law punishes receiving or assisting in an abortion with imprisonment or fines. It is one of the only countries with a total abortion ban. Abortion has been illegal since the French colonial era, influenced by attitudes favoring increased births. In 2017, the government rejected a proposal to legalize therapeutic abortion. A bill allowing abortion in the case of rape was proposed by Member of Parliament Masy Goulamaly in November 2021 but was withdrawn by the parliament.

In Senegal, abortion is illegal unless the life of the mother is in danger. A medical exception requires a medical certificate. Senegal is one of the only countries whose criminal code completely bans abortion. Receiving an abortion is punishable by fines and prison. Abortion was banned in the colonial era. In 1967, an exception was made in the case of threat to life. In 2005, the National Assembly declared that women have a right to post-abortion care. Activists wanted this law to legalize abortion in the cases of rape or incest, but failed. In 2013, a group of NGOs called the Task Force formed with the goal of aligning Senegal's abortion law with the Maputo Protocol, which it had signed in 2004. The National Assembly considered a bill in 2024 that would guarantee legal access to medical abortion. International organizations have called for abortion law reform. Domestically, religious families and organizations influence widespread opposition to abortion due to Islamic beliefs.

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

In Africa, abortion is subject to various national abortion laws. Most women in Africa live in countries with restrictive laws. Most countries in Africa are parties to the African Union's Maputo Protocol, the only international treaty that defines a right to abortion. Sub-Saharan Africa is the world region with the highest rates of unsafe abortions and abortion mortality. Most abortions in the region are unsafe. The region has the highest rate of unintended pregnancy, the primary motive for abortion. The most likely women to have abortions are young, unmarried, or urban. Post-abortion care is widely available.

In Lesotho, abortion is illegal unless the pregnancy poses a risk to life or health.

References

  1. ↑ Brewer-Carias, Allan R. "The 1999 Venezuelan Constitution-Making Process as an Instrument for Framing the Development of an Authoritarian Political Regime, Framing the State in Times of Transition: Case Studies in Constitution Making" (PDF).
  2. 1 2 3 4 5 Hernández, Andrea Paola (2021-03-10). "Venezuelan women forced to risk online pill market in face of abortion ban". The Guardian . Caracas. Archived from the original on 2021-03-10. Retrieved 2021-05-23.
  3. ↑ "Archived copy". Archived from the original on 2016-03-04. Retrieved 2017-06-28.{{cite web}}: CS1 maint: archived copy as title (link)
  4. ↑ Kelly, Annie (2018-08-09). "Latin America's fight to legalise abortion: the key battlegrounds". The Guardian. ISSN   0261-3077 . Retrieved 2019-05-26.
  5. ↑ Paxman, John; Rizo, Alberto; Brown, Laura; Benson, Janie (Aug 1993). "The clandestine epidemic: the practice of unsafe abortion in Latin America". Studies in Family Planning. 24 (4): 205–226. doi:10.2307/2939189. JSTOR   2939189. PMID   8212091.
  6. ↑ "Latin America and the Caribbean". Center for Reproductive Rights. 2023-11-08. Retrieved 2023-11-13.
  7. ↑ "Abortion in Latin America And the Caribbean" (PDF). Guttmacher Institute. Retrieved 13 November 2018.
  8. ↑ "Frequently Asked Questions". Women's Health Care Physicians. The American College of Obstetricians & Gynecologists. Retrieved 3 October 2018.
  9. ↑ Grimes, David A. (December 1, 2003). "Unsafe Abortion: The Silent Scourge". British Medical Bulletin. 67 (1): 99–113. CiteSeerX   10.1.1.528.8279 . doi: 10.1093/bmb/ldg002 . PMID   14711757.
  10. 1 2 3 Drovetta, Raquel Irene (27 July 2015). "Safe abortion information hotlines: An effective strategy for increasing women's access to safe abortions in Latin America". Reproductive Health Matters. 23 (45): 47–57. doi:10.1016/j.rhm.2015.06.004. hdl: 11336/102802 . PMID   26278832. S2CID   3567616.
  11. ↑ "Legislación venezolana sobre el aborto es una de las más restrictivas de la región". Efecto Cocuyo. 11 October 2021. Retrieved 11 October 2021.
  12. 1 2 3 Marillier, Lou; Squires, Daisy (10 June 2018). "LACKING BIRTH CONTROL OPTIONS, DESPERATE VENEZUELAN WOMEN TURN TO STERILIZATION AND ILLEGAL ABORTION". The Intercept. Retrieved 15 October 2018.
  13. ↑ Zuniga, Mariana (28 November 2017). "Even sex is in crisis in Venezuela, where contraceptives are growing scarce". The Washington Post. Retrieved 21 October 2018.
  14. ↑ Zuniga, Mariana (28 November 2017). "Even sex is in crisis in Venezuela, where contraceptives are growing scarce". The Washington Post. Retrieved 21 October 2018.
  15. ↑ Allen, Rebecca; O'Brien, Barbara (Summer 2009). "Uses of Misoprostol in Obstetrics and Gynecology". Reviews in Obstetrics & Gynecology. 2 (3): 159–168. PMC   2760893 . PMID   19826573.
  16. ↑ "Medical Abortion". Mayo Clinic. Retrieved 3 October 2018.
  17. 1 2 3 Capozza, Korey (December 1998). "Clandestine Abortion Kills Latin American Women". Off Our Backs. 28 (11): 12–13. JSTOR   20836259.
  18. ↑ Barbarani, Sofia (25 October 2016). "Illegal abortion is killing horrifying numbers of women in Venezuela - here's why". The Telegraph. Retrieved 3 October 2018.
  19. ↑ Fuentes, Federico (21 June 2018). "Venezuela: Activists demand new constitution enshrine abortion, sexual rights". No. 1185. Green Left Weekly. Retrieved 11 September 2018.
  20. ↑ Capozza, Korey (December 1998). "Clandestine Abortion Kills Latin American Women". Off Our Backs. 28 (11): 12–13. JSTOR   20836259.
  21. ↑ Fisher, Ian (12 May 2006). "World Briefing: Americas: Venezuela: Pope Takes on Chavez". The New York Times. Retrieved 3 October 2018.
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