Abortion in Nicaragua is completely illegal. Prior to a change in the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect.

Abortion law in Nicaragua

The law before November 2006 permitted therapeutic

abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...

Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the coun ...

so long as the woman and three doctors consented to it. The definition of "therapeutic" was not specific but was commonly understood to apply to cases in which the

pregnant Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but ca ...

woman's life is endangered.United Nations Population Division. (2002)
Abortion Policies: A Global Review
Retrieved 14 July 2006. The law prior to November 2006 held that anyone who performed an abortion upon a woman without her permission would be subject to a prison term of three to six years. If the woman consented, both she and the person who performed the abortion faced a sentence of one to four years, and if she attempted a

self-induced abortion A self-induced abortion (also called a self-managed abortion, or sometimes a self-induced miscarriage) is an abortion performed by the pregnant woman herself, or with the help of other, non-medical assistance. Although the term includes abortion ...

, the term of imprisonment was four to eight years. A person who performed, or attempted to perform, an abortion, and, as a result, caused injury to the pregnant woman would be jailed for four to 10 years, or six to 10 years if it caused her death. In October 2006, right before the

general elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...

on 5 November 2006, the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the r ...

passed a bill further restricting abortion 52–0 (9 abstaining, 29 absent). The

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...

and the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...

had urged for the vote to be delayed until after the presidential elections. The new law outlawed abortion in all circumstances, making Nicaragua the sixth country in the world to do so, after

Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...

, the

Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...

El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south ...

Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...

, and

Vatican City Vatican City (), officially the Vatican City State ( it, Stato della Città del Vaticano; la, Status Civitatis Vaticanae),—' * german: Vatikanstadt, cf. '—' (in Austria: ') * pl, Miasto Watykańskie, cf. '—' * pt, Cidade do Vati ...

. The Assembly rejected a proposal which would have increased the penalty for performing an illegal abortion from 10 to 30 years in prison.

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

Enrique Bolaños Enrique José Bolaños Geyer (; 13 May 1928 – 14 June 2021) was a Nicaraguan politician who served as President of Nicaragua from 10 January 2002 to 10 January 2007. From 1997 to 2002, Bolaños served as vice president under Arnoldo Alemán ...

supported this measure, but signed the bill into law on 17 November 2006.

Pro-choice Abortion-rights movements, also referred to as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pr ...

groups in Nicaragua have criticized the change to the country's abortion law, and one, the Women's Autonomous Movement, were prepared to file an

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...

to prevent it from being enacted. Ban on abortion OKd as expected
" (October 27, 2006). ''Los Angeles Times.'' Retrieved 29 October 2006.Nicaragua set to ban all abortions
" (October 27, 2006). ''CBC News.'' Retrieved 29 October 2006.

"Rosa"

One case of a termination which was permitted under the former exception to Nicaragua's ban upon abortion was that of a nine-year-old girl, known to the media only as "Rosa", who was impregnated as the result of

child sexual abuse Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...

in 2003. The child's family, who were living in

Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...

at the time, returned to Nicaragua after Costa Rican hospital officials had opposed their desire to end the girl's pregnancy. After the family successfully sought an abortion in a private

clinic A clinic (or outpatient clinic or ambulatory care clinic) is a health facility that is primarily focused on the care of outpatients. Clinics can be privately operated or publicly managed and funded. They typically cover the primary care needs ...

, the

Health Minister A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services. Some governments have separate ministers for mental health. Coun ...

of Nicaragua, Lucía Salvo, declared that the procedure had constituted a criminal act, and officials threatened to press charges against those involved. However,

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

María del Carmen Solórzano stated that the abortion had not violated the law, as it had been performed in the interest of preserving the life of the girl. Rosa's case drew international attention and prompted intense

debate Debate is a process that involves formal discourse on a particular topic, often including a moderator and audience. In a debate, arguments are put forward for often opposing viewpoints. Debates have historically occurred in public meetings, a ...

about

abortion law Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances ...

within Nicaragua.

Archbishop In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdio ...

Miguel Obando y Bravo of

Managua ) , settlement_type = Capital city , motto = , image_map = , mapsize = , map_caption = , pushpin_map = Nicar ...

said that the family and doctors involved in obtaining the abortion had

excommunicated Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...

themselves from the

Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

;

bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...

s in Nicaragua also released an

open letter An open letter is a letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally. Open letters usually take the form of a letter addressed to an indiv ...

which likened the termination of pregnancy to

terrorist Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

bomb A bomb is an explosive weapon that uses the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-transmitted mechan ...

ings. Others called for the country's laws to be liberalized.

Public opinion

An August–September 2006 Greenberg Quinlan Rosner Research poll on abortion to save the life of the mother found that 20% of Nicaraguans felt strongly that it should be "legal", 49% felt somewhat that it should be "legal", 18% felt strongly that it should be "illegal", and 10% felt somewhat that it should be "illegal".Nicaraguans Favour Abortion in Some Cases
." (December 4, 2006). ''Angus Reid Global Monitor.'' Retrieved January 10, 2006.

Results of the ban

A report on the effects was filed by the

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...

in October 2007. Human Rights Watch reports the deaths of at least eighty Nicaraguan women in the eleven months following the ban. To compile the report, interviews were conducted with health officials, women in need of

health services Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...

, doctors in

public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...

, doctors in the private

healthcare Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health pro ...

system, and family members of women who died as a result of the ban. An unintended side effect has been a "chilling" of other forms of obstetrical care for women. The report states, "While no doctors have been prosecuted for the crime of abortion, as far as we know, the mere possibility of facing criminal charges for providing lifesaving health services has had a deadly effect... the Health Ministry does not monitor the full implementation of the

protocols Protocol may refer to: Sociology and politics * Protocol (politics), a formal agreement between nation states * Protocol (diplomacy), the etiquette of diplomacy and affairs of state * Etiquette, a code of personal behavior Science and technology ...

, does not systematize complaints received for the delay or denial of care, and so far has not studied the impact of the law on the lives and health of women." The report quotes an

obstetrician Obstetrics is the field of study concentrated on pregnancy, childbirth and the postpartum period. As a medical specialty, obstetrics is combined with gynecology under the discipline known as obstetrics and gynecology (OB/GYN), which is a surgic ...

as saying "since the law was signed, ublic hospitalsdon't treat any

hemorrhaging Bleeding, hemorrhage, haemorrhage or blood loss, is blood escaping from the circulatory system from damaged blood vessels. Bleeding can occur internally, or externally either through a natural opening such as the mouth, nose, ear, urethra, vag ...

, not even post- menopausal hemorrhaging." Nicaragua's Health Ministry officials told Human Rights Watch that they did not have any official documentation of the effects of the blanket ban and no plans for gathering such documentation. Consequently, statements that the ban has not caused women's deaths can not be substantiated. By contrast, the report cites several case histories. News reports put the number of deaths at 82 after the law has been in effect less than a year.Khaleeli, Homa.
Killer Law
" (8 October 2007). ''The Guardian'' Retrieved 11 February 2008. The point of view of Human Rights Watch is that the law intentionally denies women access to health services essential to saving their lives, and is thus inconsistent with Nicaragua's obligations under international human rights law to ensure women's right to life. Their report is called, "Over Their Dead Bodies"."Møllmann, Marianne".
Over Their Dead Bodies: Denial of Access to Emergency Obstetric Care and Therapeutic Abortion in Nicaragua (PDF)
(2 October 2007). "Human Rights Watch, Volume 19, No. 2(B)." Retrieved 11 February 2008.

References

{{DEFAULTSORT:Abortion In Nicaragua

Crime in Nicaragua Health in Nicaragua Politics of Nicaragua

Abortion law in Nicaragua

"Rosa"

Public opinion

Results of the ban

See also

References