Chile's abortion laws have undergone significant changes in recent years. Prior to 2017, Chile had one of the strictest abortion laws globally, prohibiting the practice altogether. However, since then, abortion has become legal in certain circumstances. Currently, abortion is legal in three situations: when the life of the mother is at risk, when the fetus is not viable, and in cases of rape during the first 12 weeks of pregnancy (or 14 weeks if the woman is under 14 years old). Despite this, some doctors still refuse to perform abortions, particularly in cases of rape. In 2006, activists successfully lobbied then-president

Michelle Bachelet Verónica Michelle Bachelet Jeria (; born 29 September 1951) is a Chilean politician who served as United Nations High Commissioner for Human Rights from 2018 to 2022. She previously served as President of Chile from 2006 to 2010 and 2014 to 201 ...

and the

Coalition of Parties for Democracy A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...

to legalize emergency contraceptives in response to concerns about the rising number of teen pregnancies. In 2010, they successfully campaigned for free emergency contraceptives at public health centers for anyone over the age of 14 without requiring parental permission. In August 2017, the

National Congress ''National Congress'' is a term used in the names of various political parties and legislatures . Political parties *Ethiopia: Oromo National Congress *Guyana: People's National Congress (Guyana) *India: Indian National Congress *Iraq: Iraqi Nati ...

approved a bill legalizing abortion, which went into effect a month later after surviving a constitutional challenge from conservative opponents. In January 2018, both public and private sector medical coverage for abortion became accessible. In November 2021, the

Chamber of Deputies of Chile The Chamber of Deputies ( es, Cámara de Diputadas y Diputados, links=no) is the lower house of Chile's bicameral Congress. Its organisation and its powers and duties are defined in articles 42 to 59 of Chile's current constitution. Eligibil ...

voted down a bill that would have decriminalized abortion at 14 weeks. Additionally, in 2022, a proposed new constitution that contained provisions for reproductive rights and the legalization of abortion was put to a referendum in Chile. However, the proposed constitution was not approved by the majority of Chilean voters.

Legal background

In 1931, the Health Code introduced a provision allowing therapeutic abortion, permitting women whose lives were at risk to undergo the procedure with the approval of two doctors. However, this provision was abolished by the

military dictatorship A military dictatorship is a dictatorship in which the military exerts complete or substantial control over political authority, and the dictator is often a high-ranked military officer. The reverse situation is to have civilian control of the ...

on September 15, 1989, citing advancements in medicine that made it "no longer justifiable." The current laws regarding abortion are codified in the

penal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

under articles 342 to 345, which address "Crimes and Offences against Family Order, Public Morality and Sexual Integrity." According to these laws, illegal abortions are punishable by up to five years of imprisonment for the person performing the procedure, and up to ten years if violence is used against the pregnant woman. If a pregnant woman consents to or performs an illegal abortion on herself, she may face up to five years in prison. Additionally, a medical doctor practicing an illegal abortion may be sentenced to up to 15 years of imprisonment. The country's

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

, in article 19-1, states that "the law protects the life of those about to be born." Prior to 2022, a two-thirds majority in each chamber of the Chilean Congress was required to amend this article. Since 1990, legislators have submitted 15 bills related to abortion for discussion in Congress, with 12 bills presented in the

Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon Res ...

and three in the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

. Approximately half of these bills aimed to increase existing penalties or create legal barriers to hinder the legalization of abortion. Two other bills suggested the construction of monuments to commemorate the "innocent victims of abortion." Four bills have requested allowing abortion when the mother's life is at risk, and one bill proposed it in cases of rape. Currently, nine bills are under review, while one has been rejected. Five others have been archived, meaning they have not been discussed for two years. Two identical bills requesting the reinstatement of therapeutic abortion as it was before 1989 are currently under review in the Chamber's Medical Commission. The first bill was submitted on January 23, 2003, and the latest on March 19, 2009. In November 2013, during the administration of conservative President

Sebastián Piñera Miguel Juan Sebastián Piñera Echenique OMCh (; born 1 December 1949) is a Chilean billionaire businessman and politician who served as president of Chile from 2010 to 2014 and again from 2018 to 2022. The son of a Christian Democratic polit ...

, a law was enacted declaring March 25 as the "day of those about to be born and of adoption."

Legalization

On January 31, 2015, President

submitted a draft bill to Congress with the aim of decriminalizing abortion in specific cases. The proposed cases included situations where the mother's life is at risk, when the fetus will not survive the pregnancy, and in instances of rape during the first 12 weeks of pregnancy (18 weeks if the woman is under 14 years old). On August 2, 2017, Congress approved the bill, reducing the allowable timeframe to 14 weeks in the case of a girl under 14 who has been raped. A request from the opposition to declare the law unconstitutional was rejected by the country's Constitutional Court in a 6-4 decision on August 21, 2017. The court ruling allowed health facilities to refuse to provide abortions by claiming "

conscientious objector A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to objec ...

" status, although the bill, as approved by Congress, granted this right only to individuals. President Bachelet promulgated the law on September 14, 2017, and it was published in the country's official gazette on September 23, 2017. The Ministry of Health published a protocol for "conscientious objectors" on January 27, 2018. Subsequently, medical coverage in both the public and private sectors became available on January 29, 2018. On March 23, 2018, the incoming administration of Sebastián Piñera made modifications to the protocol, allowing private health institutions receiving state funds to invoke conscientious objection. However, in May 2018, the Office of the Comptroller General declared both versions of the protocol illegal. In October 2018, the government published an amended protocol, reinstating the prohibition on private health institutions receiving state funds from invoking conscientious objection. Nevertheless, in December 2018, the Constitutional Court, acting on a request from a group of lawmakers supporting the sitting administration, deemed that specific section of the protocol unconstitutional.

Women's health

An amendment made by the Chilean government to section 119 of the Health Code in 1989 stated that there could be no actions taken that would induce an abortion. This amendment was made due to the belief that with medical advances in maternal care, abortion was no longer seen as a necessary means of saving a woman's life. Concern over high rates of abortion and high

maternal mortality Maternal death or maternal mortality is defined in slightly different ways by several different health organizations. The World Health Organization (WHO) defines maternal death as the death of a pregnant mother due to complications related to pre ...

rates led the Chilean government to launch a publicly funded

family planning Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marita ...

program in 1964.United Nations Population Division. (2002)
Abortion Policies: A Global Review
Retrieved 14 July 2006. Deaths due to illegal abortions dropped from 118 to 24 per 100,000 live births between 1964 and 1979. There was also a statistically significant decrease in maternal deaths due to abortion from 1990 to 2000. Experts attribute the decline in hospitalizations due to abortion during this period to the increased use of

sterilization Sterilization may refer to: * Sterilization (microbiology), killing or inactivation of micro-organisms * Soil steam sterilization, a farming technique that sterilizes soil with steam in open fields or greenhouses * Sterilization (medicine) rende ...

and

antibiotic An antibiotic is a type of antimicrobial substance active against bacteria. It is the most important type of antibacterial agent for fighting bacterial infections, and antibiotic medications are widely used in the treatment and prevention ...

s by illegal abortion providers, the increased availability of the

abortifacient An abortifacient ("that which will cause a miscarriage" from Latin: '' abortus'' "miscarriage" and '' faciens'' "making") is a substance that induces abortion. This is a nonspecific term which may refer to any number of substances or medications, ...

drug

misoprostol Misoprostol is a synthetic prostaglandin medication used to prevent and treat stomach and duodenal ulcers, induce labor, cause an abortion, and treat postpartum bleeding due to poor contraction of the uterus. Misoprostol is taken by mouth w ...

, and the increased use of

contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...

. In terms of accessibility, in 2002 it was noted that most of the family planning services were offered to married women. A 2015 study by the Chilean epidemiologist Elard Koch has shown that the decreasing trend in maternal deaths due to abortion has continued through 2009. These results challenge the common notion that less permissive abortion laws lead to greater mortality associated with abortion. Koch states that the increases in women's education and in community support programs for women with unplanned pregnancies have contributed to the reduction of induced abortions and maternal deaths in Chile. In the period 2000 to 2004, abortion was the third leading cause of maternal mortality in the country, accounting for 12% of all maternal deaths. While there are no accurate statistics, it is estimated that between 2000 and 2002 there were between 132,000 and 160,000 abortions in the country. A 1997 study found that the majority of eighty women prosecuted in

Santiago Santiago (, ; ), also known as Santiago de Chile, is the capital and largest city of Chile as well as one of the largest cities in the Americas. It is the center of Chile's most densely populated region, the Santiago Metropolitan Region, whos ...

for having an abortion were young, single mothers, and that many were domestic workers who had moved to the city from rural areas. It also found most of the women were reported to authorities by the hospital at which they sought treatment for their complications, and had no legal representation, or were defended by inexperienced law students.

Public opinion

A July 2006

MORI Mori is a Japanese and Italian surname, and also a Persian pet name for Morteza. It is also the name of two clans in Japan, and one clan in India. Italian surname * Barbara Mori, Uruguayan-Mexican actress *Camilo Mori, Chilean painter * Cesa ...

survey found that 26% of Chileans believed that abortion is "justified", up from 18% in 1990. A July 2008 all-female nationwide face-to-face poll by

NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...

Corporación Humanas found that 79.2% of Chilean women were in favor of decriminalizing abortion when the life of the pregnant woman is at risk; 67.9% said it was urgent to legislate on the matter. According to the study, 74.0% of women believed abortion should be permitted in cases of rape, 70.1% in instances of fetal abnormality and 24% in all cases a woman decided it was appropriate. A March 2009 nationwide telephone poll published by ''

La Tercera ''La Tercera'' ( es, The Third One), formerly known as ''La Tercera de la Hora'' ('the third of the hour'), is a daily newspaper published in Santiago, Chile and owned by Copesa. It is ''El Mercurio''s closest competitor. ''La Tercera'' is part ...

'' newspaper found 67% were against abortion, 19% in favor and 11% in favor only in extreme cases. Regarding abortion when the life of the pregnant woman is at risk, 48% were in favor, 3% only in extreme cases and 47% were against. In cases where the baby would be born with a defect or disease that would most likely cause the baby's death, 51% were against permitting an abortion, 45% were in favor and 2% only in extreme cases. 83% were against performing an abortion on an underage girl who had unprotected sex, while 14% were in favor. 57% were in favor of abortion in the case of rape, with 39% against it. An October 2009 opinion poll published by

Universidad Diego Portales Diego Portales University ( es, Universidad Diego Portales, UDP) is one of the first private universities founded in Chile and is named after the Chilean statesman Diego Portales. UDP has campuses in the Barrio Universitario de SantiagoA lite ...

and covering 85% of urban areas of Chile found that a majority were against abortion when the pregnant woman or couple did not have the economic means to raise a baby (80%), when the pregnant woman or couple did not want to have a baby (68%), and when the fetus had a "serious defect" (51%). On the other hand, a majority were in favor of abortion when the pregnant woman's health is at risk (63%) and in cases of rape (64%). A January 2017 opinion poll conducted by CADEM found that 57% wanted abortion to be allowed in only a few cases, while 19% wanted abortion illegal in all cases and 22% wanted it legal in all cases. A majority were in favor of abortion when the woman's health is at risk (76%), when the fetus does not have a high probability of survival (72%), and when a woman is pregnant as a result of rape (71%), while only a minority supported abortion in cases of a fetus having a physical disability (36%) and in cases of a mother not being able to afford a child (20%). In August 2021, a Cadem survey showed that 46% of Chileans agree with abortion within 14 weeks, 52% disapprove of the measure and another 2% did not know or did not respond.

Church influence

Around 66% of Chilean citizens identify themselves as members of the

Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...

, and the government observes many Catholic holidays. The Church has consistently maintained conservative views on abortion while supporting

birth control Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...

as a means of preventing abortion. In the 1960s, the Church supported

initiatives aimed at reducing

rates and stemming the rapid population growth of the time. During the

Christian Democratic Christian democracy (sometimes named Centrist democracy) is a political ideology that emerged in 19th-century Europe under the influence of Catholic social teaching and neo-Calvinism. It was conceived as a combination of modern democrati ...

government of the 1960s, the Church supported the use of contraceptive pills. With the military coup of

Augusto Pinochet Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...

, there was a return to a new conservative approach in the Catholic Church during the 1980s and 1990s, which is argued to still be strong today.Alvarez Minte, Gabriela (2017) The conservative resistance against women’s bodily integrity in Latin America : the case of Chile. hesis(Unpublished) PhD_gabriela_alvarez_minte.pdf (bbk.ac.uk) Today, Catholic arguments in the abortion debates often cite

Pope Paul VI Pope Paul VI ( la, Paulus VI; it, Paolo VI; born Giovanni Battista Enrico Antonio Maria Montini, ; 26 September 18976 August 1978) was head of the Catholic Church and sovereign of the Vatican City, Vatican City State from 21 June 1963 to his ...

's ''

Humanae vitae ''Humanae vitae'' (Latin: ''Of Human Life'') is an encyclical written by Pope Paul VI and dated 25 July 1968. The text was issued at a Vatican press conference on 29 July. Subtitled ''On the Regulation of Birth'', it re-affirmed the teaching of ...

'', an argument that asserts that there should be no unnatural intervention in family building between a man and a woman. This argument is mainly used against abortion but has also been used as an argument against birth control. However, this argument is not the sole view of Catholics in Chile. While the majority of Catholic leaders do not support abortion or contraceptives, there are arguments that find that practicing ''sensus fidel'' or simply being faithful is enough and that ''Humanae vitae'' does not accurately reflect the necessity of modern-day practices. There are two important conservative Catholic groups that influence modern-day abortion dialogue: #

Opus Dei Opus Dei, formally known as the Prelature of the Holy Cross and Opus Dei ( la, Praelatura Sanctae Crucis et Operis Dei), is an institution of the Catholic Church whose members seek personal Christian holiness and strive to imbue their work ...

is a Catholic organization that was formed in 1928 by St. Josemaría Escrivá de Balaguer y Albás. Opus Dei has a rigid structure to its approach towards Catholic practice and is against abortion. It has been criticized for aggressively recruiting elites, given that it was formed with highly influential and educated members. Opus Dei continues to enjoy the support of the

Vatican Vatican may refer to: Vatican City, the city-state ruled by the pope in Rome, including St. Peter's Basilica, Sistine Chapel, Vatican Museum The Holy See * The Holy See, the governing body of the Catholic Church and sovereign entity recognized ...

. # The

Legionaries of Christ The Congregation of the Legionaries of Christ ( la, Congregatio Legionariorum Christi; abbreviated LC; also Legion of Christ) is a Roman Catholic clerical religious order made up of priests and candidates for the priesthood established by Marci ...

is a Catholic organization formed in 1941 by

Marcial Maciel Marcial Maciel Degollado (March 10, 1920 – January 30, 2008) was a Mexican Catholic priest who founded the Legion of Christ and the Regnum Christi movement. He was general director of the Legion from 1941 to 2005. Throughout most of his car ...

, a controversial figure who was asked by

Pope Benedict XVI Pope Benedict XVI ( la, Benedictus XVI; it, Benedetto XVI; german: link=no, Benedikt XVI.; born Joseph Aloisius Ratzinger, , on 16 April 1927) is a retired prelate of the Catholic church who served as the head of the Church and the sovereig ...

to step down from his priesthood duties in 2005 in light of accusations that he had committed abuse against minors. The Legionaries of Christ are known to recruit members and have influence in elite business sectors in Chile. These two groups are thought to have influence in more elite circles in Chile which then influence public opinion on abortion as well as policies regarding abortion access.

International reaction

In November 2004, 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 ...

(UN) committee monitoring compliance with the

International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...

(CESCR) ruled that Chile should allow abortion in cases of rape and incest. In 2007, the

United Nations Human Rights Council The United Nations Human Rights Council (UNHRC), CDH is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. ...

expressed concern over the country's "improperly restrictive" legislation on abortion, especially in cases where the life of the mother is at risk. The UN's High Commissioner for Human Rights also expressed concern over the country's "excessively restrictive abortion laws" in May 2009.

References

{{Abortion

External links

Protocol for "conscientious objectors" in Chile's abortion law
Ministry of Health of Chile, October 2018 (in Spanish). '' ote: Section 2 of Article 13 was ruled unconstitutional by the Constitutional Court in December 2018.'
January 2018 version
)

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 ...

Society of Chile Women's rights in Chile Healthcare in Chile Law of Chile