チリでの中絶についての署名

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A PUBLIC STATEMENT ON THERAPEUTIC ABORTION AND THE HUMAN RIGHTS OF WOMEN

by

Red de Salud de las Mujeres Latinoamericanas y del Caribe, RSMLAC

Mesas Ciudadanas por el Derecho a Decidir / Proyecto Safe

Abortion Action Fund, SAAF

The public sphere in Chile has been dominated by fierce debate on the reinstatement of therapeutic abortion to national law, in recent weeks. The debate was ignited by the public testimony of a journalist who was denied an abortion to end her pregnancy on grounds of a non-viable foetus. Her testimony and plea for recognising rights was heard on television by millions of people, and has created a space for public discussion on a subject traditionally silenced and even banned in national debates. Galvanised by the public plea, women in similar conditions have begun sharing their own moving stories and experiences.

Following the public testimony; two draft laws on therapeutic abortion were presented that built upon earlier proposals. The right to therapeutic abortion was struck down by the military dictatorship and the draft laws seek to redress this by reinstating the right. However, Sebastián Piñera‘s government has already announced that it will not support any legislation to this effect, clearly reflecting complete disrespect for the life, health and rights of women.

From 1931 to 1989, the right to therapeutic abortion was protected under Chilean law. It was repealed by the Pinochet dictatorship in direct collusion with the Catholic Church hierarchy. Since its return to democracy, none of the Chilean governments have undertaken an effort to settle this historical debt to the human rights of women. Therefore, we assert that the sexual and reproductive rights of women are not recognised as human rights in Chile. We also hold that the SRHR of women are not respected and not protected, and that the State is directly responsible for this serious omission; given the absolute criminalisation of abortion, including therapeutic abortion. This law means that if a woman’s pregnancy threatens her life and her health, if her pregnancy is the result of rape, or if there are serious foetal abnormalities; she is precluded from requesting a safe and legal termination of pregnancy. If a woman were to decide on terminating her pregnancy, she is forced to turn to the illicit market of clandestine abortions. This imposition by state institutions about what women can or cannot do in their lives and with their bodies is unacceptable and violates the ethical principles of self-determination and autonomy to which every human being is entitled to.

Approximately 120,000 and 160,000 women of various ages and social status undergo clandestine abortions in the country every year. Most of these abortions take place in unsanitary conditions, at the hands of untrained personnel, with a risk of being denounced; imprisoned; battered and even with the possibility of death because of these risky procedures, or may even be left with irreversible consequences including infertility. By contrast, women with sufficient resources can access safe abortions, though illegal, in safe and hygienic clinics, and are not criminally or socially condemned for this decision, which clearly reflects the existence of an embarrassing social double standard.

Therefore, the criminalisation of abortion in Chile is a major public health problem, but also a concern of human rights and social justice. These are poor women who are severely affected by this punitive legislation, which is an explicit form of discrimination, inequality, violence and torture that is imposed by state institutions with the active support of organisations like the Catholic Church. This goes against the spirit of various human rights treaties ratified by Chile, such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, amongst others; which require the monitoring and protection of a number of women's human rights. In response, various UN committees have repeatedly asked the Chilean government to redress this situation, without getting satisfactory answers so far.

Motherhood should not be imposed by cultural or religious mandates or by punitive laws, which when enforced, are a major legislative failure. In fact, Chile is has one the highest abortion rates in the Latin American and Caribbean region.

In the face of this, we call upon society, as well as the social movements that defend human rights in Chile, in the region and in the world to join us in solidarity with a public campaign to demand that the Chilean government immediately review the state punitive legislation on abortion, as well as to cease the persecution of women who have abortions, and are often betrayed by the those who provide health services and have become agents of the state criminal prosecution.

Santiago, December 23, 2010.

Red de Salud de las Mujeres Latinoamericanas y del Caribe, RSMLAC

Mesas Ciudadanas por el Derecho a Decidir / Proyecto Safe

Abortion Action Fund, SAAF

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