Contributors, Motherhood & Human Rights

Peru: A national conversation on abortion and women’s rights

by Juan Arellano on Friday, October 30, 2009 15:35 - 2 Comments

In Peru, a new bill related to women’s health and pregnancy has sparked a national conversation.

The abortion issue in Peru has reemerged due to a bill that has been approved in the Special Committee of the Penal Code in the Peruvian Congress, which would decriminalize abortion in cases of rape or congenital disorders in the fetus.

This type of abortion is known as eugenic abortion, as well as therapeutic abortion. The Roman Catholic Church is opposing this measure [in Spanish], and it is also causing divided opinions among the Ministerial Cabinet. However, the conversation is far from over, as the proposal still needs to be submitted by the Committee of the Congressional President for debate during the month of December.

The current Peruvian legislation (Penal Code 1991) stipulates [in Spanish] the criminalization of all forms of abortion, except for therapeutic and includes such mitigating figures, as the ethical or sentimental abortion, and eugenic abortion. Even though there are no trustworthy official figures about abortion, it is estimated that there are between 350,000 and 400,000 abortions each year [in Spanish] in Peru.

A national conversation

Protests for and against the decriminalization of abortion have already reached the streets of the capital city Lima [in Spanish], and since the conversation still has a long way to go, the protests are expected to remain for more months. Surveys show that opinions are almost equal regarding the issue, and the digital survey conducted by Peru.com [in Spanish] shows that 54% believe that eugenic abortion due to congenital disorders and rape should not be decriminalized, and 43% believe that it should be.

Another survey conducted by the company Apoyo [in Spanish] for the newspaper El Comercio shows similar results: “53% disapproves of abortion when the pregnancy is the result of rape. 41% approves. 48% say no to abortion when the fetus shows defects. 46% state that they agree.”

Bloggers share their opinions

This national conversation has also had repercussions abroad, but it is on the internet where there are many opinions, for example in Foros Perú (Peru Forums) there is a thread called “Eugenic Abortion. Are you For or Against? [in Spanish]” There is also discussion from bloggers, such as Isabel Guerra of La Burbujas Recargadas [in Spanish], who states her position on the issue:

I think the principal reason that I oppose (abortion) is because it is an irreversible death. There is no return. Abortion or euthanasia or sending someone to the gallows are generally situations that one arrives to under tremendous stress, where one feels that it is the only solution. I say feel, and not think, because when one is going through one of these extreme situations it is very easy to not think with clarity, and it is terribly easy to make a mistake[...]

An opposing viewpoint

Daniel Salas of the blog Gran Combo Club [in Spanish] describes the problem’s ethics from an opposing position:

The abortion discussion should not be focused on therapeutic motivations, because those criteria create severe contradictions. For example, I know some people who oppose abortion for moral reasons and consider that the fertilized egg should already be considered a person, but also at the same tie, admit that there are certain cases [...] that can justify the abortion.

The debate should be, instead, focused on two ethical issues:

1. The woman’s right to continue with the pregnancy depends entirely upon her.
2. The possibility of granting the unborn the same rights of one born.

An issue of ethics

In the blog Tinta Roja [in Spanish], Cristina Andrade adds her grain of sand to the debate stating the problem of informality that prevails in the country:

Another problem with this possible legalization of abortion is the local nature, the illegal practice of some doctors, who under the pretext of the possibility of the mother’s death, or a baby with defects, falsify tests and documents, to justify the abortion, [...]and unfortunately, as there are good doctors, there are also bad doctors with no ethics, who are capable of doing anything[...].

The post generated a lot of reactions, and Andrade adds in another blog-post [in Spanish]:

[...] woman should have the freedom to decide to have an abortion or not. Believe me, I am not in favor of abortion, but I cannot force anyone to think like me. It is simple, in my case, if they decriminalize abortion, I would not have one, because of my convictions, my way of thinking would not allow it. [...] Those who think differently have the freedom to decide and not be judged.

Recognizing different opinions

Laura Arroyo of the blog Menoscanas [in Spanish] cites the need for debate and respect for differing opinions:

The problem in this country is that we are incapable of recognizing the differing opinion from a valid opinion. To make problems out of controversial issues like abortion, euthanasia, asking ourselves if the State should be lay or not, etc. is, on good account to allow the development of democracy. In this sense, it is about time that the issue of abortion be placed on the table!

Regarding the debate, Daniel Salas of GranComboClub [in Spanish] asks the following:

One issue in this debate that no one has been able to answer is what exactly is meant by criminalizing abortion.

With the criminalization of abortion, there is a huge discrepancy between the discourse that sanctions and the punishment to those who are actually carrying them out [...].

The value of a life

For David Ramos of the blog Yo, (DASH) [in Spanish], there are not many worthwhile arguments:

The feminist and pro-choice organizations, in general, appear to consider that a human begins life at birth. Before that, it was only a little more than a kidney. It is worth noting that there is no science that, other than a frivolous and erroneous perception of reality: if I cannot see you, therefore, you do not exist.

The defense of life should be a priority: just as we defend the dolphins, street dogs, Amazonian flora and fauna, and with more reason we should defend human life in any of its stages. There is no honor in defending the life of a seal or a whale more than a fellow human.

The way forward

As is clear from the views above, the positions on abortion are difficult to reconcile. It is understandable because the discussion revolves around life, ethics, morals, values, science, with decisions based on practicality and privacy. On the other hand, there are many material interests at stake. The debate will continue, and even more so with the recent announcement of the State ban by the Constitutional Court for the free distribution of the “morning after pill.” [in Spanish] It is obvious that things will not calm down.

Translation: Eduardo Ávila

This blog-post was origianlly published at www.globalvoicesonline.org in a longer version.

The opinions expressed in this text are those of the author.

2 Comments

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Sonam Ongmo
Oct 30, 2009 23:29
From Bhutan. Living in NY

This is very interesting and I can foresee a similar debate and discussion coming soon to my country (Bhutan) too. Right now (at least in my country) I think the women who are forced to confront these situations – to have an abortion – are too ashamed to speak up or ask for change or for better services in their own country. In my article on abortion in Bhutan (How a True Buddhist weighs in on abortion on this site) women were leaving the country and going across the border where the Indians had started a lucrative illegal business. Most, if not all, the practitioners were not licensed or trained to do abortions but since these services are not available in Bhutan, they go across to these illegal facilities with no choice and then more often than not, wind up bleeding to death or dying from infections.

I think this debate will go on for as long as it can because it seems to be all about opinion and how a person views this. I personally do not believe in abortions myself but who am I to say what is right and wrong for a person who is confronted with that situation – where a woman has exhausted all options but to have an abortion? Other than personal opinion I think religion is also a big obstacle in giving women that choice.

deb
Nov 12, 2009 14:08
Colombia