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Free womb laws (Spanish : Libertad de vientres, Portuguese : Lei do Ventre Livre), also referred to as free birth or the law of wombs, was a 19th century judicial concept in several Latin American countries, that declared that all wombs bore free children. All children are born free, even if the mother is enslaved. This principle did not go into effect unless a country adopted it and included it in its constitution or other legislation. It overturned a tradition, under which babies born to enslaved women became the property of the women's owners. Intended as a step towards ending slavery, it was unevenly adopted.
A movement for abolition grew in the American colonies in the 19th century, influenced by the liberal ideals spread by these countries' independence movements. One of the first steps toward abolition was the Ley de Libertad de Vientres, an 1811 law written by Manuel de Salas of Chile. [1]
In Argentina, the Law of Wombs was passed on February 2, 1813 by the Assembly of Year XIII. The law stated that those born to slave mothers after January 31, 1813 would be granted freedom when contracting matrimony, or on their 16th birthday for women and 20th for men. Upon manumission, they were to be given land and tools to work it. [2] In 1853, Argentina fully abolished slavery with the Constitution of 1853.
In Colombia, the Law of Wombs was first passed by the government of Antioquia in 1814, but it was not until 1824 that the country accepted it. [3] After years of laws that only purported a partial advancement towards abolition, President José Hilario López, because of the growing popular unrest, pushed Congress to pass total abolition on May 21, 1851. Former owners were compensated by the government. [4]
In Peru, the president José de San Martín established "the freedom of wombs" for those born after the declaration of independence in 1821. [5]
Venezuela endorsed a similar law in 1821, [6] as well as Ecuador, [7] Uruguay in 1825, [8] Paraguay in 1842, [9] and Brazil in 1871. [10]
In Brazil, the Rio Branco Law, also referred to as "Law of Free Birth", was passed by the Brazilian Parliament on 1871. By the 1870s social tensions were rising due to slavery. As a compromise, Parliament enacted a law freeing children born to enslaved women. The "Law of Free Birth" meant that no children were born enslaved. Slaves eventually were then granted freedom through manumission and later on, emancipation laws that targeted older slaves. [11]
Spain passed a similar law in 1869 to apply to its plantation colonies of Cuba and Puerto Rico, and passed it[ clarification needed ] in 1870, to take effect in 1872. On the Iberian mainland, Spain had abolished slavery in 1837. It is also known as Ley Moret (Moret Law). [12]
The countries that first denied the enslavement of babies born to enslaved mothers proceeded to abolish slavery in total later. Similar gradual abolition laws had been passed in some of the northern United States after the American Revolutionary War, namely, New York in 1799 and New Jersey in 1804. All the slaves were freed in both states before the American Civil War.
Many of these laws can be found transcribed at The Free Womb Project.
Abolitionism, or the abolitionist movement, is the movement to end slavery and liberate slaves around the world.
Manumission, or enfranchisement, is the act of freeing slaves by their owners. Different approaches to manumission were developed, each specific to the time and place of a particular society. Historian Verene Shepherd states that the most widely used term is gratuitous manumission, "the conferment of freedom on the enslaved by enslavers before the end of the slave system".
The Lei Áurea, officially Law No. 3,353 of 13 May 1888, is the law that abolished slavery in Brazil. It was signed by Isabel, Princess Imperial of Brazil (1846–1921), an opponent of slavery, who acted as regent to Emperor Pedro II, who was in Europe.
The Moret Law was a form of freedom of wombs, which was implemented by Spain in Cuba and Puerto Rico, and named after Segismundo Moret who was Spain's Minister of Overseas Territories at the time. This law implemented the abolition of slavery incrementally in Spain's Caribbean colonies. It drew from older Later American manumission traditions such as the way favorite slaves have been previously liberated under certain conditions.
The Slavery Abolition Act 1833 was an Act of the Parliament of the United Kingdom which provided for the gradual abolition of slavery in most parts of the British Empire. It was passed by Earl Grey's reforming administration and expanded the jurisdiction of the Slave Trade Act 1807 and made the purchase or ownership of slaves illegal within the British Empire, with the exception of "the Territories in the Possession of the East India Company", Ceylon, and Saint Helena. The Act came into force on 1 August 1834, and was repealed in 1998 as a part of wider rationalisation of English statute law; however, later anti-slavery legislation remains in force.
Slavery in the Spanish American viceroyalties was an economic and social institution which existed throughout the Spanish Empire including Spain itself. Enslaved Africans were brought over to the continent for their labour, indigenous people were enslaved until the 1543 laws that prohibited it.
The Rio Branco law, also known as the Law of Free Birth, named after its champion, prime minister José Paranhos, Viscount of Rio Branco, was passed by the Brazilian Parliament on 28 September 1871. It was intended to provide freedom to all newborn children of slaves, and slaves of the state or crown. However, children of enslaved women in Brazil were obligated to serve their mother's owners until the age of 21, a condition that was often more or less that of slavery. The law did not define the exact legal status of enslaved women's wombs; this was negotiated by enslaved people afterwords, with women at the forefront.
Islamic views on slavery represent a complex and multifaceted body of Islamic thought, with various Islamic groups or thinkers espousing views on the matter which have been radically different throughout history. Slavery was a mainstay of life in pre-Islamic Arabia and surrounding lands. The Quran and the hadith address slavery extensively, assuming its existence as part of society but viewing it as an exceptional condition and restricting its scope. Early Islamic dogma forbade enslavement of dhimmis, the free members of Islamic society, including non-Muslims and set out to regulate and improve the conditions of human bondage. Islamic law regarded as legal slaves only those non-Muslims who were imprisoned or bought beyond the borders of Islamic rule, or the sons and daughters of slaves already in captivity. In later classical Islamic law, the topic of slavery is covered at great length.
Partus sequitur ventrem was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born there; the doctrine mandated that children of slave mothers would inherit the legal status of their mothers. As such, children of enslaved women would be born into slavery. The legal doctrine of partus sequitur ventrem was derived from Roman civil law, specifically the portions concerning slavery and personal property (chattels), as well as the common law of personal property; analogous legislation existed in other civilizations including Medieval Egypt in Africa and Korea in Asia.
The Assembly of Year XIII was a meeting called by the Second Triumvirate governing the young republic of the United Provinces of the Río de la Plata on October 1812.
Slavery in New Jersey began in the early 17th century, when Dutch colonists trafficked African slaves for labor to develop the colony of New Netherland. After England took control of the colony in 1664, its colonists continued the importation of slaves from Africa. They also imported "seasoned" slaves from their colonies in the West Indies and enslaved Native Americans from the Carolinas.
The New-York Manumission Society was an American organization founded in 1785 by U.S. Founding Father John Jay, among others, to promote the gradual abolition of slavery and manumission of slaves of African descent within the state of New York. The organization was made up entirely of white men, most of whom were wealthy and held influential positions in society. Throughout its history, which ended in 1849 after the abolition of slavery in New York, the society battled against the slave trade, and for the eventual emancipation of all the slaves in the state. It founded the African Free School for the poor and orphaned children of slaves and free people of color.
Slavery in Brazil began long before the first Portuguese settlement. Later, colonists were heavily dependent on indigenous labor during the initial phases of settlement to maintain the subsistence economy, and natives were often captured by expeditions of bandeirantes. The importation of African slaves began midway through the 16th century, but the enslavement of indigenous peoples continued well into the 17th and 18th centuries. Europeans and Chinese were also enslaved.
The trafficking of enslaved Africans to what became New York began as part of the Dutch slave trade. The Dutch West India Company trafficked eleven enslaved Africans to New Amsterdam in 1626, with the first slave auction held in New Amsterdam in 1655. With the second-highest proportion of any city in the colonies, more than 42% of New York City households enslaved African people by 1703, often as domestic servants and laborers. Others worked as artisans or in shipping and various trades in the city. Enslaved Africans were also used in farming on Long Island and in the Hudson Valley, as well as the Mohawk Valley region.
An Act for the Gradual Abolition of Slavery, passed by the Fifth Pennsylvania General Assembly on 1 March 1780, prescribed an end for slavery in the Commonwealth of Pennsylvania in the United States. It was the first slavery abolition act in the course of human history to be adopted by an elected body.
Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.
Slavery in Cuba was a portion of the larger Atlantic Slave Trade that primarily supported Spanish plantation owners engaged in the sugarcane trade. It was practised on the island of Cuba from the 16th century until it was abolished by Spanish royal decree on October 7, 1886.
Slavery in Tunisia was a specific manifestation of the Arab slave trade, which was abolished on 23 January 1846 by Ahmed I Bey. Tunisia was in a similar position to that of Algeria, with a geographic position which linked it with the main Trans-Saharan routes. It received caravans from Fezzan and Ghadamès, which consisted solely, in the eighteenth century, of gold powder and slaves, according to contemporary witnesses.
Slavery was practiced in Colombia from the beginning of the 16th century until its definitive abolition in 1851. This process consisted of trafficking in people of African and indigenous origin, first by the European colonizers from Spain and later by the commercial elites of the Republic of New Granada, the country that contained what is present-day Colombia.
The history of abolitionism in Brazil goes back to the first attempt to abolish indigenous slavery in Brazil, in 1611, to its definitive abolition by the Marquis of Pombal, in 1755 and 1758, during the reign of King Joseph I, and to the emancipation movements in the colonial period, particularly the 1798 Bahian Conspiracy, whose plans included the eradication of slavery. After the Independence of Brazil (1822), the discussions on this subject extended throughout the Empire period, acquiring relevance from 1850 onwards and a truly popular character from 1870 onwards, culminating with the signing of the Golden Law on May 13, 1888, which abolished slavery in Brazil.