As of December 30, 2020, Argentina passed a progressive law allowing abortion up to the 14th week without requiring specific grounds – effectively legalizing abortion on demand during this period.
Beyond this timeframe, abortion is permitted in cases of rape or if the pregnant person’s life or overall health is at risk.
President Javier Milei, an outspoken critic of abortion, has yet to introduce any counter-legislation, leaving the fate of the law in a complex political landscape.
Peru: Therapeutic Abortion Exception and Legislative Developments
In Peru, abortion is generally illegal but has had an exception known as “therapeutic abortion” since 1924.
According to Article 119 of the Penal Code, abortion is not punishable if it is the only means to preserve the pregnant woman’s life or prevent severe and permanent harm to her health.
In November 2023, the Peruvian Congress passed the “Law That Recognizes Rights of the Conceived,” emphasizing the unborn’s rights as a human person.
Despite ongoing efforts by pro-abortion groups, attempts to decriminalize abortion have been unsuccessful.
Ecuador: Decriminalization with Specific Conditions
Ecuador decriminalized abortion on April 28, 2021, with specific conditions outlined by the Constitutional Court.
Abortion is allowed when the life or health of the mother is in jeopardy or in cases of rape.
The National Assembly subsequently approved a bill aligning with the court’s decision.
The law permits abortion up to 12 weeks for adult women who are victims of rape and, as an exception, up to 18 weeks for girls, adolescents, Indigenous women, and women from rural areas.
Ongoing challenges to the law’s articles indicate a push for further liberalization of abortion.
Uruguay: Regulation with Time Limitations and Exceptions
Uruguay has regulated abortion through Law 18987 for over a decade.
The law allows abortion without penalties within the first 12 weeks of gestation or up to 14 weeks in cases of rape.
Notably, there are no restrictions in cases of serious fetal anomalies or when the mother’s life is at risk.
Uruguay’s legislation provides a framework with clear time limitations and exceptions, aiming to balance reproductive rights with specific parameters.
The diverse approaches to abortion legislation across South American nations highlight the complexity of balancing reproductive rights, public opinion, and ethical considerations.
While some countries embrace liberalization, others maintain restrictive frameworks with exceptions.
The ongoing debates and legislative developments underscore the evolving nature of this contentious issue in the region.
Conclusion
As South American countries navigate the intricate terrain of abortion laws, ongoing debates, legislative changes, and legal challenges shape the landscape.
The contrast in approaches reflects the diverse perspectives within each nation, illustrating the ongoing tension between advocates for reproductive rights and those upholding traditional values.
The coming years are likely to witness further developments and discussions surrounding abortion legislation in these nations.
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