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Chile: Difference between revisions

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===Laws & Social Stigmas===
===Laws & Social Stigmas===


As of August 2017, Chilean abortion law is under massive transformation. Until very recently, abortion was completely illegal without exceptions. However, in August 2017, Chilean lawmakers voted to allow abortions in certain cases, which include: when the pregnancy is the result of rape, when the pregnancy endangers the life of the woman, and when the fetus is at risk of a deadly birth defect. The bill must now go to the Constitutional Court for review, meaning its not official law yet (as of September 2017), but it may be soon.<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 reverses 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 current Chilean abortion law, a woman cannot seek an abortion, even if the pregnancy endangers her life, if the pregnancy is the result of rape or incest, or if the fetus will not survive the pregnancy. If a woman obtains an abortion in Chile, she can currently 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>
In Chile, abortion is permitted in certain circumstances, which include: 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. We also do not know how often health care providers permit pregnant people to obtain abortions, even if the abortions fulfill the criteria (please update this page if you have information).
 
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>


Chilean laws were not always this strict. From 1931-1989, therapeutic abortion (i.e. abortion when doctors considered it medically necessary) was permitted in Chile. In fact, if a women received approval from two doctors, the abortion would be legal. Yet, "On 15 September 1989, however, the Government of Chile amended section 119 of the Health Code to provide that 'No action may be executed that has as its goal the inducement of abortion' (Law No. 18,826). The justification provided for the new restrictions was that, given the advances in modern medicine, an abortion was no longer needed to save the life of a pregnant woman. Owing to this amendment, it is generally, although not unanimously, believed that no abortions can now be legally performed in Chile."<ref>[http://www.un.org/esa/population/publications/abortion/profiles.htm UN Report: Abortion in Chile]</ref> After the fall of Pinochet's military dictatorship, it was the Catholic Church authority that has most strongly advocated to keep existing abortion laws.<ref>[http://www.thedailybeast.com/articles/2016/03/28/a-crack-in-the-world-s-most-restrictive-abortion-law.html A Crack in the World’s Most Restrictive Abortion Law]</ref>  
Chilean laws were not always this strict. From 1931-1989, therapeutic abortion (i.e. abortion when doctors considered it medically necessary) was permitted in Chile. In fact, if a women received approval from two doctors, the abortion would be legal. Yet, "On 15 September 1989, however, the Government of Chile amended section 119 of the Health Code to provide that 'No action may be executed that has as its goal the inducement of abortion' (Law No. 18,826). The justification provided for the new restrictions was that, given the advances in modern medicine, an abortion was no longer needed to save the life of a pregnant woman. Owing to this amendment, it is generally, although not unanimously, believed that no abortions can now be legally performed in Chile."<ref>[http://www.un.org/esa/population/publications/abortion/profiles.htm UN Report: Abortion in Chile]</ref> After the fall of Pinochet's military dictatorship, it was the Catholic Church authority that has most strongly advocated to keep existing abortion laws.<ref>[http://www.thedailybeast.com/articles/2016/03/28/a-crack-in-the-world-s-most-restrictive-abortion-law.html A Crack in the World’s Most Restrictive Abortion Law]</ref>  


These strict laws are currently being challenged. In January 2015, President Michelle Bachelet announced that she would send a draft bill to Congress. This bill would decriminalize abortion during the first 12 weeks of pregnancy (18 weeks, if the woman is under 14 years old) in the following cases: when the mother's life is endangered by the pregnancy, when the pregnancy is the result of rape, and when the fetus will not survive the pregnancy. In March 2016, the bill passed in the Chamber of Deputies with a surprising vote from a member of the Christian Democrats (the party that has opposed the bill).<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> It now needs Senate approval to become an official law.<ref>[https://en.wikipedia.org/wiki/Abortion_in_Chile Abortion in Chile]</ref>
In January 2015, President Michelle Bachelet announced that she would send a draft bill to Congress. This bill would decriminalize abortion during the first 12 weeks of pregnancy (18 weeks, if the woman is under 14 years old) in the following cases: when the mother's life is endangered by the pregnancy, when the pregnancy is the result of rape, and when the fetus will not survive the pregnancy. In March 2016, the bill passed in the Chamber of Deputies with a surprising vote from a member of the Christian Democrats (the party that has opposed the bill).<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> It now needs Senate approval to become an official law.<ref>[https://en.wikipedia.org/wiki/Abortion_in_Chile Abortion in Chile]</ref>
 
If the abortion laws were to be changed, this would be a welcome sign of progress for many Chilean people. Due to the incredibly strict abortion laws, many women have resorted to unsafe clandestine abortions. In fact, Chile has one of the highest abortion rates in Latin America, and 33,000 women are admitted to Chilean hospitals each year to abortion-related causes.<ref>[http://www.thedailybeast.com/articles/2016/03/28/a-crack-in-the-world-s-most-restrictive-abortion-law.html A Crack in the World’s Most Restrictive Abortion Law]</ref> There is an underground network of pro-choice doctors and feminist in Chile who help women procure Misoprostol (also known as "the abortion pill") on the black market. However, poor women often attempt to induce the abortions themselves, which often has dangerous consequences.


For more details on Chilean abortion laws, you can check out this [http://www.npr.org/sections/parallels/2016/10/20/497983252/chiles-president-wants-to-ease-abortion-ban-but-opponents-push-back NPR article from October 2016].
Due to the incredibly strict abortion laws, many women resorted to unsafe clandestine abortions for decades. The new abortion laws permit some women to receive abortion services, but they still do not permit abortion upon request. For this reason, it is important to understand that many Chilean women may seek abortions from clandestine providers or abroad. In fact, Chile has one of the highest abortion rates in Latin America, and 33,000 women are admitted to Chilean hospitals each year to abortion-related causes.<ref>[http://www.thedailybeast.com/articles/2016/03/28/a-crack-in-the-world-s-most-restrictive-abortion-law.html A Crack in the World’s Most Restrictive Abortion Law]</ref> There is an underground network of pro-choice doctors and feminist in Chile who help women procure Misoprostol (also known as "the abortion pill") on the black market. However, poor women often attempt to induce the abortions themselves, which often has dangerous consequences.


===What to Get & Where to Get It===
===What to Get & Where to Get It===

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