BOGOTA, Colombia (AP) – As women in the United States find themselves on the brink of losing their constitutional right to abortion, courts in many other parts of the world are moving in the opposite direction.
This includes a number of traditionally conservative societies, most recently in Colombia, where the Constitutional Court in February legalized the procedure until the 24th week of pregnancy, part of a broader trend seen in parts of strongly Catholic Latin America.
It is not yet clear what impact the leaked draft opinion will have outside the United States, suggesting that the U.S. Supreme Court may overturn the remarkable 1973 Rowe v. Wade ruling.
But for female activists who have been campaigning for years for open access to abortion, often viewing the United States as a model, this is a discouraging sign and a reminder that hard-earned profits can be volatile.
“This is a terrible precedent for the region and the world in the coming years,” said Colombian Catalina Martinez Coral, director of Latin America and the Caribbean at the New York-based Center for Reproductive Rights, one of the groups involved in the abortion lawsuit. in the Supreme Court of Colombia.
The February decision there established a broad right for women to have abortions within the 24-week period, whereas previously they could only do so in specific cases, such as if the fetus had malformations or the pregnancy was the result of rape. Abortion is still allowed after this period in these special circumstances.
The decision did not live up to the defenders’ hopes for full decriminalization, but Martinez Coral said it still leaves Colombia “the most progressive legal framework in Latin America”.
Similarly, Mexico’s Supreme Court ruled last year that it was unconstitutional to punish abortion. As the country’s highest court, its ruling barred all jurisdictions from prosecuting a woman for abortion.
Abortion laws are still in place in most of Mexico’s 32 states, but NGOs that have long advocated decriminalization are pushing state legislatures to reform them. Abortion was now readily available in Mexico City and some states.
In southern Argentina, lawmakers in late 2020 passed a bill to legalize abortion by week 14 and beyond in circumstances similar to those described in the Colombian decision.
It is also widely available in Cuba and Uruguay.
But expanding access to abortion does not extend to all of Latin America, with many countries limiting it to certain circumstances – such as Brazil, the most populous nation in the region, where it is only allowed in cases of rape, risk to women’s lives and certified cases of anencephaly with a congenital defect. Former President Luis Inacio Lula da Silva, who is running for re-election in October, recently said he sees abortion legalization as a public health problem, drawing criticism in a country where few approve of the procedure.
Other places are completely banned without exception, such as Honduras, Nicaragua and El Salvador. Recent courts have sentenced women to long prison terms for aggravated murder, even when prosecutors suspect a miscarriage.
Many African countries also maintain total bans, but in October 2021, Benin legalized abortion in most circumstances within 12 weeks. This has significantly increased safe access to the procedure, with the health minister announcing that nearly 200 women die each year from complications from illegal abortions. Previously, abortion was allowed in cases of rape or incest; risk to the woman’s life; or severe fetal malformation.
Most European countries have legalized abortion, including mostly Catholic ones. Ireland did so in 2018, followed by the little San Marino in a referendum for voters last fall. It remains illegal in Andorra, Malta and the Vatican, while Poland tightened its abortion laws last year.
It has also been widely available in Israel since 1978 and is relatively undisputed, permitted by law before 24 weeks with the approval of hospital “termination commissions” consisting of medical professionals, including at least one woman.
Laws and interpretations differ in the Muslim world.
Abortion has been legal in Tunisia for up to 12 weeks for decades, but has been banned in Iran since the 1979 Islamic Revolution. when the child is likely to be seriously ill or disabled.
In Japan, abortion is only allowed for economic and health reasons and requires the consent of partners, making Japan one of the few countries in the world to do so. Victims of sexual violence are excluded from the requirement.
Although there is a growing call for women to have the right to make their own decisions, the Japanese government, led by the ultra-conservative Liberal Democratic Party, has long focused on the traditional gender role of women in giving birth and raising children.
Japan has not approved abortion pills, although a request from a British company is pending at the health ministry.
Abortion has been legal in India since 1971. Women can terminate a pregnancy for up to 20 weeks, but only on the advice of a doctor. According to the changes in 2021, a woman can also seek an abortion for up to 24 weeks in certain circumstances such as rape or incest, although this requires the approval of two doctors.
China is seeking to limit abortions, but this is because it has one of the highest abortion rates in the world.
Last September, China’s cabinet, known as the Council of State, issued new national guidelines requiring hospitals to “reduce abortions that are not medically necessary.” In February, the Chinese Family Planning Association announced it would launch a campaign to reduce teen abortions.
The world will watch when the final decision of the US Supreme Court is expected, which is expected in late June or early July.
“While actions to decriminalize and legalize abortion in places such as Argentina, Ireland, Mexico and Colombia over the past few years have been a huge victory for the world community,” said Agnes Calamar, secretary general of human rights organization Amnesty International. statement, “there are grim signs that the United States is not keeping up with the progress the rest of the world is making in protecting sexual and reproductive rights.”
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Sherman reported from Mexico City. Associated Press writers Carl Ritter in Stockholm, Sweden; Almudena Calatrava in Buenos Aires, Argentina; Mauricio Savarese in Rio de Janeiro; Carly Petesh in Dakar, Senegal; Ilan Ben Zion in Jerusalem; Isabel DeBre in Dubai, United Arab Emirates; Marie Yamaguchi in Tokyo; Kruti Patty in New Delhi; and Huizhong Wu in Taipei, Taiwan contributed to this report.
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