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Palabras clave: 'legalización del aborto'.
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La penalización del aborto como una violación a los derechos humanos de las mujeres
Lidia Casas Becerra, Lieta Vivaldi Macho
| Universidad Diego Portales
AccederMedical and midwifery student attitudes toward moral acceptability and legality of abortion, following decriminalization of abortion in Chile
Finley Baba, M.Antonia Biggs, Lidia Casas Becerra, Sara Victoria Correa, Alejandra Ramm
Objective
Soon after Chile decriminalized abortion under three limited circumstances in 2017, we assessed medical and midwifery students’ attitudes about abortion morality and legality when compared to national opinions.
Study design
We administered an anonymous, online survey to medical and midwifery students from seven secular and religiously-affiliated universities in Santiago, Chile. We compared student responses to a nationally representative public opinion survey.
Main outcome measures
We examined three main outcomes related to abortion attitudes: (1) moral acceptability of abortion and legal support for abortion in (2) one or (3) all listed circumstances. We used general estimating equations to examine whether university type, field of study, and other student characteristics are associated with each outcome and compared student views toward abortion legality with those of the general public.
Results
Among the 369 student respondents, most agreed that abortion can be a good thing for some women in some situations (82%). When compared to the general public, a larger proportion of students supported decriminalizing abortion in at least one (83% and 97%, respectively) or all (17% and 51%, respectively) seven listed circumstances. While secular university students held significantly more favorable views about abortion morality and legality than students from religiously-affiliated universities, the majority of students from both university types supported abortion in the three cases in which it was recently decriminalized.
Conclusions
Medical and midwifery students from not only secular but also religiously-affiliated universities are very supportive of the recent decriminalization of abortion, which presents training opportunities for both types of universities.
Abortion in Chile: the long road to legalization and its slow implementation
Lidia Casas Becerra, Gloria Maira, Lieta Vivaldi Macho
Until as recently as September 2017, Chile was one of the few countries in the world that did not permit abortion under any circumstances. Although the Health Code had permitted therapeutic abortion (i.e., on health grounds) from 1931, this was repealed in 1989 as one of General Pinochet’s last acts in office. It took more than 25 years to reverse the ban. Finally, a new act was approved allowing abortion on three grounds: when a woman’s life is in danger, when there are fetal anomalies incompatible with life, and in the case of rape. Since the law allows abortion only in limited cases, most women must continue to seek illegal abortions, as previously. In this paper, we explore the historical context in which Chile’s 2017 bill was finally passed. We then analyze the legislative debate leading up to the passage of the law. Lastly, we present the results of a community-based participatory research effort carried out by an alliance between feminist and human rights organizations. Chile’s law was passed almost two years ago, and this research shows the persistence of various obstacles that hinder women’s access to legal abortion, such as the use of conscientious objection, a lack of trained health care providers, and a lack information for women.
AccederInterpretando derechos: La otra legalización del aborto en América Latina
Paola Bergallo
AccederLa lucha contra las normas informales que regulaban el aborto en la Argentina
Paola Bergallo
AccederWomen behind bars: Chile’s abortion laws, a Human Rights analysis
Lidia Casas Becerra, Verónica Matus, Lorena Fríes, Viviana Waisman, Gaby Oré Aguilar, Katherine Hall Martinez, María Isabel Matamala Vivaldi
| The Center for Reproductive Law & Policy
AccederMedical and midwifery students’ views on the use of conscientious objection in abortion care, following legal reform in Chile: a cross-sectional study
M.Antonia Biggs, Lidia Casas Becerra, Finley Baba, Alejandra Ramm, Sara Victoria Correa
Background
In August 2017, Chile lifted its complete ban on abortion by permitting abortion in three limited circumstances: 1) to save a woman’s life, 2) lethal fetal anomaly, and 3) rape. The new law allows regulated use of conscientious objection (CO) in abortion care, including allowing institutions to register as objectors. This study assesses medical and midwifery students’ support for CO, following legal reform.
Methods
From October 2017 to May 2018, we surveyed medical and midwifery students from seven universities located in Santiago, Chile. Universities included 4 secular (2 public and 2 private) and 3 private religiously-affiliated universities; all offering medical degrees with a specialization in obstetrics and gynecology (ob-gyn) and five offering midwifery degrees. We used generalized estimating equations (GEE) to identify characteristics associated with student support for CO, intentions to use CO to refuse to care for someone seeking abortion, and support for CO at the institutional level.
Results
333 of the 413 eligible students who opened the survey, completed the questions on conscientious objection; 26% were seeking medical degrees with an ob-gyn specialty, 25% were seeking midwifery degrees, and 49% were seeking medical degrees and had not yet decided their specialty. While nearly all endorse requirements for conscientious objecting clinicians to inform (92%) and refer (91%) abortion-seeking patients, a minority (18%) would personally use conscientious objection to avoid caring for a patient seeking abortion (12% secular and 39% religious university students). About half of religious-university students (52%) and one-fifth of secular-university (20%) students support objections at the institutional level.
Conclusions
Most students support the regulated use of CO which preserves patients’ access to abortion care. Religious-university student views on the use of conscientious objection in abortion care are discordant with those of their institutions which currently support institutional-level objections.
Visiones contrapuestas sobre el artículo 19 nº 1 de la Constitución:Reflexiones sobre la constitucionalidadde la ley de despenalización del aborto en tres causales
Lidia Casas Becerra, Lidia, comp. Casas Becerra, Gloria Maira, comp. Vargas
| CDH Centro de Derechos Humanos
AccederAbortion policies and practices in Chile: ambiguities and dilemmas
Lidia Casas Becerra, Bonnie L. Shepard
Abortion is not legal in Chile even to save the woman’s life or health. This situationcreates serious dilemmas and vulnerabilities for both women and medical practitioners. Abortionincidence has probably decreased since 1990, when data were last studied, due to increased useof contraception and lower fertility, and deaths and complication rates have fallen as well.Misoprostol is available, but Chilean hospitals are still using D&C for incomplete abortions. AlthoughChilean medical professionals should by law report illegal abortions to the authorities, less than 1%of women in hospital with abortion complications are reported. There are two loopholes, one legal,one clinical. ‘‘Interruption of pregnancy’’ after 22 weeks of pregnancy is legal for medicalreasons; this may save some women’s lives but can also force prolongation of health-threateningpregnancies. Catholic clinical guidelines define interventions solely aimed at saving the woman’slife, even if the fetus dies, not as abortion but ‘‘indirect abortion’’ and permissible. Since 1989, threebills to liberalise the law on therapeutic grounds have been unsuccessful. The political climate isnot favourable to changing the law. Conservatives have also not succeeded in making the law morepunitive, while the governing centre–left coalition is divided and the associated political risksare considerable.
AccederWomen prosecuted and imprisoned for abortion in Chile
Lidia Casas Becerra
Chile is one of the last countries in the world where abortion is absolutely illegal. This paper reports on a study of 80 women who were prosecuted in Santiago for having had an abortion, mostly young women, eight of whom became pregnant followingrape; 40 women who were prosecuted forperforming aborh’ons, almost all older women; and 12 mainly friends and relatives who wereprosecuted as accomplices. Most of the women who had abortions were single mothers; many were domestic workers who had migrated to the city from the countryside. The great majority were reported to the police by the public hospital where they sought treatment for complications. Many spent time in prison, and most had no legal representation or were defended by inexperienced law students from Legal Aid. This paper highlights the gender and poverty-related discrimination thatpoor women having abortions face in Chile, and how the law is used to undermine medical confidentiality Although the number of court cases for abortion has been decreasing in Chile since the mid-1980s, the threat ofprosecution will persist as long as abortion remains illegal.
AccederFuture Health Providers’ Willingness to Provide Abortion Services Following Decriminalisation of Abortion in Chile: A Cross-Sectional Survey
M.Antonia Biggs, Finley Baba, Lidia Casas Becerra, Sara Victoria Correa, Alejandra Ramm, Daniel Grossman
Objective
To assess Chilean medical and midwifery students’ attitudes and willingness to become trained to provide abortion care, shortly after abortion was decriminalised in 2017.
Design
We fielded a cross-sectional, web-based survey of medical and midwifery students. We used generalised estimating equations to assess differences by type of university and degree sought.
Setting
We recruited students from a combination of seven secular, religiously-affiliated, public and private universities that offer midwifery or medical degrees with a specialisation in obstetrics and gynaecology, located in Santiago, Chile.
Participants
Students seeking medical or midwifery degrees at one of seven universities were eligible to participate. We distributed the survey link to medical and midwifery students at these seven universities; 459 eligible students opened the survey link and 377 students completed the survey.Primary and secondary outcomesIntentions to become trained to provide abortion services was our primary outcome of interest. Secondary outcomes included moral views and concerns about abortion provision.resultsMost students intend to become trained to provide abortion services (69%), 20% reported that they will not provide an abortion under any circumstance, half (50%) had one or more concern about abortion provision and 16% agreed/strongly agreed that providing abortions is morally wrong. Most believed that their university should train medical and midwifery students to provide abortion services (70%–79%). Secular university students reported higher intentions to provide abortion services (beta 0.47, 95% CI: 0.31 to 0.63), more favourable views (beta 0.52, CI: 0.32 to 0.72) and were less likley to report concerns about abortion provision (adjusted OR 0.47, CI: 0.23 to 0.95) than students from religious universities.
Conclusion
Medical and midwifery students are interested in becoming trained to provide abortion services and believe their university should provide this training. Integrating high-quality training in abortion care into medical and midwifery programmes will be critical to ensuring that women receive timely, non-judgemental and quality abortion care.
Pregnancies and Fetal Anomalies Incompatible with Life in Chile: Arguments and Experiences in Advocating for Legal Reform
Lidia Casas Becerra, Lieta Vivaldi Macho
Abstract Chile allows abortion under no circumstances. Whether it’s fetal anomaly incompatible with life or congenital malformation resulting in little or no life expectancy, all Chilean women are expected to carry their pregnancies to term. In this context, in January 2015 the Chilean Congress began debating a bill to legalize abortion on three grounds, including fatal congenital malformation. The medical community, including midwives, has presented its views for and against, especially on how the law may affect clinical practices; in addition, women, many of whom have experienced a fatal congenital malformation diagnosis, have weighed in. This qualitative study draws on 22 semi-structured interviews with nine certified nurse-midwives, one neonatologist, nine obstetrician-gynecologists, one psychiatrist, one psychologist, and one sociologist who provide care during gestation, pregnancy, delivery, and postdelivery in the public and private sectors, plus three interviews with two women and the former partner of a woman who underwent the experience. These interviews starkly illustrate the plight facing women carrying nonviable fetuses, including women’s shock upon receiving the diagnosis, their feelings of bereavement and loss, and the clinical practices used in an attempt to ease their suffering under the weight of exceedingly difficult legal restrictions. These interviews confirmed that compelling women to carry nonviable fetuses to term violates their human rights. They also show that the chances of legislative change are real and that such change will present new challenges to the Chilean health care system.
AccederThe Moderating Influence of International Courts on Social Movements
Julieta Lemaitre Ripoll, Rachel Sieder
2017
Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international human rights courts. We answer the question through a detailed description of a single case, Gretel Artavia Murillo et al. v. Costa Rica, decided by the Inter-American Court of Human Rights in 2012 but with ongoing repercussions for abortion rights, given its authoritative interpretation of embryonic right to life. Through our analysis of Artavia Murillo, we show how legal mobilization before international human rights courts moderates social movement claims within the legal arena, as rivals respond to one another and argue within the frame of courts’ norms and language.
AccederAborto legal: Regulaciones sanitarias comparadas. Un análisis en América Latina y algunos países de Europa y África
Giselle Carino, Juanita Durán, Ana Cristina González Vélez
2008 | IPPF/RHO
El documento «Aborto legal: Regulaciones sanitarias comparadas» es el resultado de un análisis comparativo de las regulaciones sanitarias sobre acceso a servicios de interrupción legal del embarazo (ILE) en 13 países: México, Colombia, Brasil, Perú, Panamá, Bolivia, Puerto Rico, Guyana, Canadá, España, Sudáfrica, Italia y Noruega.Está organizado en cinco capítulos y un Prólogo. En el Prólogo se incluye una serie de elementos del contexto acerca del compromiso de la IPPF/RHO con el tema del aborto legal y seguro, así como con la importancia de un trabajo de este tipo en el marco de otras acciones que se encuentra adelantando la entidad. El primer capítulo –la Metodología– incluye las explicaciones sobre los criterios para la elección de los países, para la búsqueda y análisis de la información y algunos detalles acerca del proceso de producción del documento. El segundo capítulo incluye los Objetivos que apuntan en su conjunto a la idea de que la regulación debe ser entendida como un instrumento para reducir o eliminar las barreras de acceso a los servicios y como una manera de brindar claridad y certidumbre a los prestadores de servicios acerca del cómo, en lo que a implementación de servicios de ILE se refiere. Los objetivos son: Realizar una comparación de las normas adoptadas por distintos países, en relación con la ILE.
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