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===Laws & Social Stigmas=== | ===Laws & Social Stigmas=== | ||
Since 1924, abortion has been generally illegal in Peru. It is only permitted (for up to 22 weeks of gestation) under specific circumstances, which include: to save the life of the woman, to preserve physical health and to preserve mental health. In the following other cases, abortion is not permitted: rape or incest, risk of fetal impairment, economic/social reasons, or available upon request. To perform a legal abortion, three physicians have to consult with the pregnant woman and recommend the abortion. If a woman causes or consents to her own abortion, she may be subject to up to two years in prison or 52-104 days of community service. If a physician illegally performs an abortion (with the consent of the pregnant woman), the physician faces one to four in prison. If the pregnant woman does not consent to the abortion, the physician faces three to five years in prison. If a woman dies when physicians are trying to induce an abortion, the health personnel involved with be suspended from their practices, among other penalties.<ref>[http://www.un.org/esa/population/publications/abortion/profiles.htm Peru: Abortion Policy, UN Report]</ref> | Since 1924, abortion has been generally illegal in Peru. It is only permitted (for up to 22 weeks of gestation) under specific circumstances, which include: to save the life of the woman, to preserve physical health and to preserve mental health. In the following other cases, abortion is not permitted: rape or incest, risk of fetal impairment, economic/social reasons, or available upon request. To perform a legal abortion, two or three physicians (this number needs to be confirmed) have to consult with the pregnant woman and recommend the abortion. If a woman causes or consents to her own abortion, she may be subject to up to two years in prison or 52-104 days of community service. If a physician illegally performs an abortion (with the consent of the pregnant woman), the physician faces one to four in prison. If the pregnant woman does not consent to the abortion, the physician faces three to five years in prison. If a woman dies when physicians are trying to induce an abortion, the health personnel involved with be suspended from their practices, among other penalties.<ref>[http://www.un.org/esa/population/publications/abortion/profiles.htm Peru: Abortion Policy, UN Report]</ref> | ||
From a legal standpoint, Peru has many laws that encode these strict regulations. The Criminal Code of 11 January 1924, amended in 1991, clearly states that abortion is generally illegal: "The woman that causes her abortion, or consents to another performing it, will be punished with the penalty of imprisonment of no more than two years or with community service from fifty two to one hundred four days."<ref>[http://worldabortionlaws.com/map/ World Abortion Laws: Peru's Penal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120]</ref> Furthermore, according to the Health Code, written in 1969 and amended in 1981, human life begins at conception. Additionally, according to the National Population Policy, written in 1995, the government promises an individual's right to life, which begins at conception. | From a legal standpoint, Peru has many laws that encode these strict regulations. The Criminal Code of 11 January 1924, amended in 1991, clearly states that abortion is generally illegal: "The woman that causes her abortion, or consents to another performing it, will be punished with the penalty of imprisonment of no more than two years or with community service from fifty two to one hundred four days."<ref>[http://worldabortionlaws.com/map/ World Abortion Laws: Peru's Penal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120]</ref> Furthermore, according to the Health Code, written in 1969 and amended in 1981, human life begins at conception. Additionally, according to the National Population Policy, written in 1995, the government promises an individual's right to life, which begins at conception. | ||
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In 2005, the United Nations Convention on Human Rights found that Peru had violated several articles of the International Covenant on Civil and Political Rights. This came about after a 17 year old Peruvian girl, known as "K.L.," was denied an abortion at a hospital, even though the fetus had anencephaly at 14 weeks’ gestation, which is often fatal. The woman was forced to continue her pregnancy and deliver the baby, which died four days later. After the 2005 ruling, the UN ordered that Peru pay K.L. for its “cruel, inhuman, and degrading treatment.” Fifteen years later, the reparations were paid. As reported by the Huffington Post, "This marked the first time a United Nations Committee had held a country accountable for failing to ensure access to safe, legal abortion."<ref>[http://www.huffingtonpost.com/david-a-grimes/united-nations-committee-affirms-abortion-as-a-human-right_b_9020806.html United Nations Committee Affirms Abortion as a Human Right]</ref> | In 2005, the United Nations Convention on Human Rights found that Peru had violated several articles of the International Covenant on Civil and Political Rights. This came about after a 17 year old Peruvian girl, known as "K.L.," was denied an abortion at a hospital, even though the fetus had anencephaly at 14 weeks’ gestation, which is often fatal. The woman was forced to continue her pregnancy and deliver the baby, which died four days later. After the 2005 ruling, the UN ordered that Peru pay K.L. for its “cruel, inhuman, and degrading treatment.” Fifteen years later, the reparations were paid. As reported by the Huffington Post, "This marked the first time a United Nations Committee had held a country accountable for failing to ensure access to safe, legal abortion."<ref>[http://www.huffingtonpost.com/david-a-grimes/united-nations-committee-affirms-abortion-as-a-human-right_b_9020806.html United Nations Committee Affirms Abortion as a Human Right]</ref> | ||
In recent years, | In recent years, Peruvian abortion laws have been altered or challenged. In 2014, Peru finally created national guidelines for legal abortions. Up until that point, there were no standard rules for women who fit under the recognized criteria, so the 2014 were applauded by many human rights groups.<ref>[https://rewire.news/article/2014/08/19/new-abortion-guidelines-peru-victory-women-girls-work-ahead/ New Abortion Guidelines in Peru a Victory for Women and Girls, But More Work Ahead]</ref> However, in 2015, Peruvian lawmakers rejected a bill that would allow women to receive abortions when they have been raped.<ref>[https://www.theguardian.com/world/2015/may/27/peru-bill-to-abortions-pregnant-rape Peru lawmakers reject bill to allow abortions for pregnant rape victims]</ref> | ||
Despite the strong restrictions, Peru has some of the most abortions performed in Latin American. It is estimated that 376,000 illegal abortions happen every year.<ref>[https://www.womenonwaves.org/en/page/2473/in-collection/1014/abortion-in-peru Abortion in Peru]</ref> | Despite the strong restrictions, Peru has some of the most abortions performed in Latin American. It is estimated that 376,000 illegal abortions happen every year.<ref>[https://www.womenonwaves.org/en/page/2473/in-collection/1014/abortion-in-peru Abortion in Peru]</ref> | ||