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Chile: Difference between revisions
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===Laws & Social Stigmas=== | ===Laws & Social Stigmas=== | ||
In Chile, abortion is permitted in certain circumstances, | In Chile, abortion is legally permitted in certain circumstances, under Law 21.030. These circumstances are: when the pregnancy endangers the life of the pregnant person, when the fetus will not survive the pregnancy, and during the first 12 weeks for adults or 14 weeks for people under 14 years old in cases of rape.<ref>[http://www.diariooficial.interior.gob.cl/publicaciones/2017/09/23/41866/01/1276248.pdf REGULA LA DESPENALIZACIÓN DE LA INTERRUPCIÓN VOLUNTARIA DEL EMBARAZO EN TRES CAUSALES, 2017]</ref> For all other cases, abortion is illegal. This means that abortion is not available upon request. | ||
However, abortion access is difficult for many Chilean women. According to a 2018 report by FIDH and Citizens' Observatory, the scope of Law 21.030 is narrow, which exposes it to many loopholes.<ref>[https://www.fidh.org/en/region/americas/chile/abortion-in-chile-women-face-countless-obstacles Abortion in Chile: Women face countless obstacles]</ref> For example, a law was passed in 2018 that allowed physicians and medical instutions to deny abortion services on the grounds of conscientious objection, if they oppose abortion for moral or religious reasons.<ref>[http://www.loc.gov/law/foreign-news/article/chile-law-permits-abortion-on-three-grounds/ Chile: Law Permits Abortion on Three Grounds]</ref> | |||
Furthermore, we have been told by contacts in Chile that: "Within the law, it is established that a woman whose pregnancy falls within the protected circumstances should be offered a "counseling service" (known as "acompañamiento"), whereby she can be accompanied in the decision on whether to interrupt or continue the pregnancy by a multidisciplinary team if she so wishes. Together with being voluntary, the services hould be free and readily available in all hospitals/ clinics that can provide abortion, but, in reality, it has been asked of women to pay for it and it is not available in most places." (April 2019) | |||
Before 2017, abortion was completely illegal without exceptions. However, in August 2017, Chilean lawmakers voted to allow abortions in certain cases.<ref>[http://www.cnn.com/2017/08/03/americas/chile-vote-abortion-ban-eased/index.html Chilean lawmakers vote to ease abortion ban]</ref> This reversed decades of the highly strict Chilean abortion laws, which were among the strictest in the world. These strict abortion laws can be attributed to the military dictatorship of Augusto Pinochet (1973-1990). According to these laws, a woman could not seek an abortion, even if the pregnancy endangered her life, if the pregnancy was the result of rape or incest, or if the fetus would not survive the pregnancy. If a woman obtained an abortion in Chile, she could face up to five years in prison.<ref>[http://www.telesurtv.net/english/news/Chiles-Abortion-Bill-Approved-by-Senate-Commission-20160906-0031.html Chile's Abortion Bill Approved by Senate Commission]</ref> | Before 2017, abortion was completely illegal without exceptions. However, in August 2017, Chilean lawmakers voted to allow abortions in certain cases.<ref>[http://www.cnn.com/2017/08/03/americas/chile-vote-abortion-ban-eased/index.html Chilean lawmakers vote to ease abortion ban]</ref> This reversed decades of the highly strict Chilean abortion laws, which were among the strictest in the world. These strict abortion laws can be attributed to the military dictatorship of Augusto Pinochet (1973-1990). According to these laws, a woman could not seek an abortion, even if the pregnancy endangered her life, if the pregnancy was the result of rape or incest, or if the fetus would not survive the pregnancy. If a woman obtained an abortion in Chile, she could face up to five years in prison.<ref>[http://www.telesurtv.net/english/news/Chiles-Abortion-Bill-Approved-by-Senate-Commission-20160906-0031.html Chile's Abortion Bill Approved by Senate Commission]</ref> | ||