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RESEARCH PRODUCT

Abortion in Latin America. More Than Criminalization, Not Yet Women’s Constitutional Right

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Latin America abortion law is often categorized as seriously restricted. And this is so, partially. Abortion is criminalized if it does not fit in the legal indications (e.g. health risk, rape) contemplated. These indications have not only been one of the most innovative areas to expand access to legal abortion in the region in the last years – including rulings of high courts – but they also question the typical classification of Latin America as an extremely legal constrained setting. In fact, if we look closely at the world legal map, we find that only two countries have absolutely ruled out the use of criminal law to deal with voluntary abortion (Canada and few jurisdictions in Australia) while the rest persist in its deployment. That is, the basic framework for regulating abortion worldwide is still criminal. Therefore, what differs is the degree and forms of (partial) decriminalization, both in the letter of the law and practice.