Skip to main content

Abortion allowed in Uruguay?

Uruguay may legalize abortion generally within the first 12 weeks of pregnancy, with a general ban thereafter with exceptions (like rape within 14 weeks, fetal deformity, or threat to the life of the pregnant woman). It also requires a five-day 'reflection' period, after an interview with a panel of three people (social worker, gynecologist, and a psychologist). The law also allows health care institutions to decline to perform abortions. The Boston Herald provides a good overview.

The reactions from pro-choice and pro-life forces in Uruguay are what one would expect, with pro-life forces concerned about giving any ground to abortion and pro-choice forces worried about the procedural barriers in the law and access issues.

I don't know much of anything about Uruguay, but I wonder about whether this will reduce the number of illegal abortions (and, by extension, unsafe abortions) taking place. This is one of the stated motivations for enacting the law. The Herald notes that most major health institutions in the country are Catholic-run. Therefore, if one legalizes abortion yet most of the institutions in which legal abortions could take place refuse to perform them, then very little will change. It is not unprecedented for a country to have laws that permit abortions under certain conditions while, in practice, many or most women continue to receive abortions outside of those legal limits.

Also, while this law (as reported) appears closer to European-style abortion laws (rather than the abortion-for-any-reason-up-to-viability law of the United States), European countries tend to blend limits on legal abortion with better access to the procedure itself (the UK, for example) and a social welfare state that provides support for women who take their pregnancies to term. If Uruguay does not provide decent access to the abortion procedure and does not have a robust social welfare state to help new mothers, then abortion policy in practice may not change much.

At the same time, the law may be one of those 'foot in the door' type laws, which, by its passage, publicly legitimizes some abortions, which could lead to a shift in public opinion and modification of the law after its flaws become apparent in practice.

UPDATE: The law passed the lower chamber of parliament, as predicted, by a 50-49 margin. This should be the last major obstacle for the law, as the Senate and President are predicted to approve. 

Comments

Popular posts from this blog

Medically necessary abortions: The battle of the experts

Apparently, Representative Joe Walsh is not entirely alone! The assertion that an abortion is never medically necessary has been floating around in the pro-life universe for at least a little while. We are now witnessing a battle of the experts. One the one side is Joe Walsh and friends. Walsh himself released a pdf document with quotations from several doctors-- including some historically prominent pro-choice doctors, like Alan Guttmacher-- making the 'never medically necessary' claim seem quite reasonable. Also on Walsh's side are several doctors  who particpated in a recent "International Symposium on Maternal Health" in Dublin. Ireland, despite a European Court of Human Rights ruling in 1992 , has a total ban on abortion. Irish pro-lifers want the country's politicians to resist pressure to implement even a life exception, so the question of medical necessity is directly relevant there. The "Dublin Declaration," released after the S...

A Catholic EU health commissioner

The European Union Parliament approved a controversial choice for their top health official: The European Parliament backed a devout Catholic as EU health commissioner on Wednesday, brushing off critics who fear the Maltese politician could row back on EU policies on stem cell research, abortion and gay rights. Greens, Liberals and Socialists in the European Parliament had said they would vote against Tonio Borg, a former foreign and justice minister in Malta, saying his beliefs could influence EU policy. As commissioner, Borg's remit would include access to healthcare and contraception and the control of sexually transmitted diseases. Borg, who was in Malta on the day of the vote according to an EU Commission official, told EU lawmakers before the vote that his personal views wou...

Four ways the presidential election could change reproductive politics

Setting aside all of the claims and counterclaims of the candidates and all related white noise, there are four concrete ways that the 2012 presidential election could cause policy changes on abortion, contraception, and family planning. If Barack Obama is reelected, little will change. If Mitt Romney is elected, I predict the following: The contraceptive mandate, issued by the Department of Health and Human Services, would be withdrawn.  Barriers to defunding Planned Parenthood could be removed. As it is now, federal courts are stopping the complete defunding of the organization (i.e., withdrawing all federal funding) due to their interpretation of federal legislative language. With Romney as president, that language could be modified (assuming the changes could get past a Democratic Senate). The composition of the federal judiciary, particularly the United States Supreme Court, would be modified through appointments. If, say, Stephen Breyer or Ruth Bader Goldberg retired, ...