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Loosening Abortion Laws in Latin America

A must-read article in the Times about the growing progressive forces in Latin America, and how women’s rights groups are mobilizing for basic reproductive freedoms. It’s certainly informative; read it if only as a reminder of how much we have to lose.

In this tradition-bound Roman Catholic town one day in April, two young women did what many here consider unthinkable: pregnant and scared, they took a cheap ulcer medication known to induce abortions. When the drug left them bleeding, they were treated at a local emergency room – then promptly arrested.


That ulcer drug is one of the most commonly used illegal abortion techniques in Latin America, where abortion is outlawed in almost every country. Despite the strict anti-abortion laws, some of those countries have a higher abortion rate than the United States; many have a higher abortion rate than Western Europe, where abortion laws are fairly permissive.

Although it may seem small by United States standards, it is a seismic shift for a region where abortion is readily available only in Cuba and a few other Caribbean nations. “There is a real trend for change, particularly in South America,” said Marianne Mollman, a researcher for Human Rights Watch, which supports efforts to decriminalize abortion in Latin America. “I think it’s the end of the realization that the criminalization of abortion doesn’t lead to less abortion, but that it leads to a lot of preventable problems.”

Right on, Marianne. I worked with her when I interned at Human Rights Watch, and she’s an expert in Latin American women’s issues, having lived there for much of her life. Her point is absolutely correct: Nowhere in the world has illegalizing abortion been shown to substantially decrease abortion rates. Instead, illegalized abortion leads to serious health problems and an explosion of maternal mortality.

Women’s rights groups from New York to Buenos Aires are also closely watching the outcome of a lawsuit filed by a Colombian lawyer, Mónica Roa, with the nation’s highest court. It seeks to legalize abortion when a mother’s life is in danger, when the fetus is expected to die of abnormalities or when the pregnancy resulted from rape.

The central argument in the case – one that could set precedent – is that Colombia’s anti-abortion laws violate its international treaty obligations, which require the nation to ensure a woman’s right to life and health.

It’s stiking that in these countries, abortion is illegal even if pregnancy will kill or maim the pregnant woman. And that extreme is in fact what anti-abortion forces in the United States would like to take us to.

Regional health officials increasingly argue that tough laws have done little to slow abortions. The rate of abortions in Latin America is 37 per 1,000 women of childbearing age, the highest outside Eastern Europe, according to United Nations figures. Four million abortions, most of them illegal, take place in Latin America annually, the United Nations reports, and up to 5,000 women are believed to die each year from complications from abortions.

In an interview, a doctor in Medellín, Colombia, said that while he offered safe, if secret, abortions, many abortionists did not.

“In this profession, we see all kinds of things, like people using witchcraft, to whatever pills they can get their hands on,” said the doctor, who charges about $45 to carry out abortions in women’s homes. He spoke on condition that his name not be used, because performing an abortion in Colombia can lead to a prison term of more than four years.

“They open themselves up to incredible risks, from losing their reproductive systems or, through complications, their lives,” the doctor said.

When a woman doesn’t want to be pregnant, or knows that there is no way she can have a child, she will do what she feels needs to do, even at great danger to herself. Laws limiting or completely illegalizing abortion have no positive effects on decreasing the abortion rate. Illegalization obviously doesn’t. And even the kinds of restrictions that we try and pass here do nothing to decrease the abortion rate; they only delay abortions. Parental consent/notification laws have been shown to decrease the rate of first-trimester abortions — and increase second-trimester procedures. Mandatory waiting periods lead to the same result: A JAMA study found that a Mississippi law requiring two clinic visits before the abortion could be performed resulted in a 40 percent increase in second-trimester procedures.

The anti-choice model is not working. It hasn’t worked anywhere. On the other hand, the pro-choice model — comprehensive sex ed, available and affordable birth control, universal healthcare and aid to in-need families (so that low-income women can afford the choice to have children), and available abortion — works. It doesn’t take a rocket scientist to look around and see what’s effective and what’s not, which is why the anti-choice position is so staggeringly confusing to me. If you’re against abortion, fine — but why not try and find ways to prevent unintended pregnancies, and to give pregnant women a wider range of healthcare and financial options so that they can actually choose to give birth? Instead, they try and illegalize abortion (thereby making it more dangerous), limit access to birth control, and give kids inaccurate information about sex, while simply telling them, “don’t do it.” Again, you don’t need a particularly high IQ to figure out that such methods ain’t gonna work. But then, effectively reducing the abortion rate, and thereby preserving “life,” isn’t really what the anti-choice movement has ever been about.


7 thoughts on Loosening Abortion Laws in Latin America

  1. I think they don’t care about what works and what doesn’t — they just don’t want the government making it legal because legality = approval. *shrug* That’s the best I can guess. That, and punishment for sex, etc.

  2. And this actually why I am no longer in favor of illegalizing abortion. I was- for years, in fact. Not because I cared about who had sex with who, or punishing them for it, but because I believed it was wrong. And honestly, I still do… I am extremely uncomfortable with abortion and I don’t like it at all. However, the more I read, the more I researched and the more I thought about it, I just don’t see the point in pushing abortion to the back alley. So now instead of just losing the baby/fetus, we lose the mother too? Sometimes in hideous fashions that involve bleeding to death or septic infections that are extrememly painful. I don’t think anybody deserves that. Ever. I listened to my pro-life counterparts who said stuff like “Well you shouldn’t have had sex” or “”Do the crime, pay the time” and shook my head… children should be a blessing, not a punishment for daring to have sex. I watched the “pro-life” politicians slash funding for programs that would actually help women that wanted to keep their children do so, and wondered how they could do that while telling women that having an abortion was evil. And finally, I got sick and tired of hearing “the answer is abstinence, abstinence only education, etc…” Bullshit. As someone who would actually like to see the abortion rate decrease, these answers are not acceptable. We need to teach our children about their bodies and how to avoid pregnancy/disease. Yes, abstinence is a part of that and definately a valid choice. But it’s not the only choice and people who choose to be sexually active need to know how to do so responsibly. Hence, comprehensive sex ed. We need to allow people access to affordable contraception, we need to provide help for women who would like to keep their babies, but simply see no way to do it. And as a last resort, we need to have abortion that can be done safely so that we don’t lose the mother too. I may not like abortion and I may think it’s wrong, but I don’t see how adding numerous maternal deaths to it will make a difference. Nor do I see how putting so many restrictions on it that we end with more second trimester abortions (which are more dangerous to the mother and performed on a much more developed baby/fetus) is accomplishing anything good. So, this, in a nutshell is why I am now pro-choice. Because it makes more sense and because it actually has a chance at working. Unlike telling kids “Having sex is wrong… so don’t do it”.

  3. Julie, I think my views are a lot like yours. I don’t believe that pregnancy should ever be seen as punitive; I believe in promoting abstinence but educating about contraception too; I have volunteered at an agency that provides pregnant women in need with the material means and emotional support to go to term (and we keep up with them afterwards, too); and I am very concerned about what pregnancy women in crisis will do when legal abortion is no longer a reality.

    I also happen to be pro-life. I don’t know who the pro-lifers you’ve talked to are, but I believe that your concerns are totally valid, and they’ve been weighing on my own mind quite heavily; they deserve to be taken seriously.

    The way I look at it… the woman and the baby both have fundamental rights. The baby has the right not to be killed. The woman has a right to be given the knowledge and the material means to prevent pregnancy, and if she does become pregnant, she deserves the full complement of resources and support that will make it possible for her to go to term. More women than you’d suspect would prefer to continue the pregnancy under better circumstances (partner/parents supportive, rent paid, job kept) than to simply end it. (unfairchoice.info has more about this.) So it’s our obligation to help make that possible for her. That’s what’s going wrong in Latin America and Africa and elsewhere. No one’s helping these women get through this situation, and so they act in desperation.

    So you don’t have to disregard these concerns to be pro-life. You don’t have to believe that abstinence education is the cure-all to be pro-life, either. You just have to believe that the unborn have rights (or, as you put it, that abortion is wrong).

  4. When people say that much of anti-choice ideology (not the case in what’s expressed above) is about controlling women’s reproduction, rather than about saving fetal lives, sometimes it’s hard to figure out exactly how that plays out. But if you look at Latin America*, it becomes abundantly clear. The madonna/whore dichotomy is even stronger there. One of the best ways I’ve heard it expressed is that society stakes all of its honor on its women; that is, that women have the burden of morality. Sleeping around can be construed as a sin for a man, but he can always repent. A woman can never go back, and she shames her family by losing her virginity in an improper way.

    This, that women have the burden of morality, is how I see this as connected to the US context. Men can be horrible, corrupt slimeballs, but as long as their family/community/society has honorable women, they can be redeemed. This grows right out of the Cult of Domesticity: women have certain responsibilities, including creating a moral space to which men can retire at the end of the day.

    * This as someone who studied in Quito, Ecuador for 5 months, FWIW.

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