Uruguay: Great Advances to Decriminalise Abortion

By Beatriz Sotomayor, WGNRR Programme Associate

From 1985, the social and parliamentary debate around abortion₁ has been gaining intensity. Between 1985 and 2007 six law projects to decriminalise abortion were presented, without success, although the feminist movement and allies (gynecologist, syndicates, some churches, etc.) have been very successful visibilising the criminalization of abortion as a public health and a human rights problem.

In 2001, during the financial crisis, the number of women severely ill or dying because of unsafe abortions peaked, and became a window opportunity for advocacy. The advocacy gained momentum and in 2008 abortion could have been decriminalized in the context of the approval of  Ley N. 18.426 Defensa del Derecho a la Salud Sexual y Reproductiva (Defense of the right to Sexual and Reproductive Health), a comprehensive SRHR law that wouldn’t be possible to pass without years of advocacy behind, but the bit about abortion decriminalisation was vetoed by the current president.

The decriminalisation of abortion became a huge electoral issue during the last elections in 2009, the advocates in order to cash out that the majority of the population wanted abortion to be decriminalized, commissioned an independent consultancy firm to poll the public opinion and used the results to put pressure on candidates. MYSU created a specific webpage for the campaign Hacelos Valer (Make Them Worth) http://www.hacelosvaler.org/ that is still working today. This pressure was successful

to the point that in the last presidential elections in 2009, the actual president made as an electoral promise “not to oppose the decriminalisation of abortion by veto” and in March 2012 the last leg in the abortion legalization process would start (it will be discussed in the chamber of deputies), if it is approved it would be on demand during the first 3 months, after that it would be provided only health grounds, and it would be affordable or free.

Sources:

-          Campaign page
-          Abortion laws information from the UN
-          Despenalización del aborto en Uruguay: práctica, actores y discursos. Abordaje interdisciplinario sobre una realidad compleja. Equipo interdisciplinario de la Universidad de la República.

1. Abortion is generally illegal in Uruguay.  A woman who causes her own abortion or consents to its being caused by another person is subject to three to nine months’ imprisonment. Anyone who participates in the abortion of a woman with her consent in a principal or secondary manner is subject to 6-24 months’ imprisonment.  A person who causes the abortion of a woman without her consent is subject to two to eight years’ imprisonment.  Harsher penalties are imposed if, as a result of the abortion, the woman suffers serious injury or dies; or if the abortion is committed through violence or fraud, on a woman under eighteen years old deprived of her reason or senses, or by a husband.