The maxim that there are no outright victories or defeats applies well to the pro-life cause. But, in general, it is possible to say that 2021 was a year with more successes than failures for those who oppose abortion and act in defense of life.
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The United States is the stage for the main debates on the subject. Among other reasons, because the country’s federalist system gives states great freedom to define their own laws. It is one of the rare countries where this possibility exists (alongside Mexico, Switzerland and Australia). There, abortion is a constant theme, as one of the 50 states is always debating changes in legislation – in one direction or the other.
Still, 2021 had a significant milestone, which can be defined as the most important advancement of the pro-life cause in recent years. Texas – the second most populous state in the country – has adopted a law that significantly restricts the possibility of having abortions. What’s new is that instead of simply banning abortion (which other states have tried and the Supreme Court overturned), the rule used an ingenious solution: it allows private citizens to sue doctors and clinics that perform abortions, with compensation from $10,000 for each person (anyone) who sues those responsible for an abortion. In practice, this makes the practice almost unfeasible. A loophole was opened by the Supreme Court, which upheld the law but allowed abortion clinics to pursue the challenge at lower courts. The rule applies to pregnancies from the sixth week.
Although it sounds extravagant, the law was designed this way because it could circumvent the Roe v. Wade Supreme Court decision – which, in 1973, prevented states from creating stricter norms against abortion.
But the Roe v Wade decision is also closer to review. Now with a conservative majority thanks to two new members appointed during Donald Trump’s administration, the Supreme Court in recent days began reviewing a Mississippi law banning abortions beyond 15 weeks’ gestation. And, at the beginning of the review, four members of the Supreme Court (which has nine in total) have given signs that they are advocating a repeal, or significant revision, of the Roe v Wade decision. A fifth judge (John Roberts) has taken an intermediate stance (albeit favorable to Mississippi law), while the other four magistrates are expected to maintain an anti-law stance.
If the Roe v Wade decision is overturned, abortion rules will be left entirely to the states. It is estimated that 26 states will immediately have regulations banning or significantly restricting abortion. These are devices already approved, but which had been canceled because of Roe X Wade.
Although the situation is complex, with liberal states moving to expand the possibilities of abortion – in 2019, for example, New York allowed the practice until 24 weeks of gestation, when the baby is already able to survive outside the womb -, the movement pro-life seems to have an advantage in the United States.
The Center for American Progress, one of the main think tanks left-wing country, counted 97 rules that restrict abortion approved until August of this year. The Guttmacher Institute, also aligned with “progressive” causes, classified 2021 as “the worst year in history” for those campaigning for the liberation of abortion.
narrow victory in Chile
Chile was another country where the pro-life cause prevailed in 2021. By a narrow margin, Chile’s lawmakers on Nov. 30 rejected a law that would make abortion legal — for any reason — up to 14 weeks’ gestation. The current law, passed in 2017, allows the practice only in exceptional cases – and never after 12 weeks. In a first vote, the new proposal had been approved by 75 to 68. In the second analysis, however, lawmakers rejected the text by 65 votes to 62.
The debate should remain on the Chilean national agenda, especially with the election of the leftist candidate in the presidential election. Gabriel Boric, the president-elect, takes a stand in favor of abortion.
The candidate defeated in the second round of the Chilean presidential elections, José Antonio Kast, has a strong pro-life speech.
Change in China
although discreetly, the most populous country in the world also indicated a change in attitude towards the issue of abortion. In its own way – that is, through a directive drawn up by the Communist Party elite, China seems to have adopted a more cautious stance on the matter. The document – which deals with policies for Chinese women – was published in September, and contains a short sentence that sets the goal of reducing the number of “medically unnecessary” abortions.
The change in attitude is attributed to the demographic imbalance generated by the one-child policy, which included abortions and forced sterilizations. But, like almost everything that involves the Chinese regime, it will take time to assess the consequences of the new policy.
Defeats in Europe and Mexico
In 2021, some countries moved in the opposite direction and expanded the possibilities for abortion. One of the last countries in Europe to keep abortion illegal has succumbed: San Marino – a tiny independent nation stranded in northern Italy, approved the release of abortion in a referendum. The rule allows abortion for any reason up to 12 weeks, and after that when there is a risk to the mother’s physical or psychological health – which, being a vague expression, can facilitate termination of pregnancy at any time.
In Germany, it is also possible that abortion legislation will soon undergo change. The country’s new chancellor, Olaf Scholz, is part of a center-left coalition that seeks to expand access to abortion in the country. Currently, the rule allows abortion up to 12 weeks of gestation, but establishes a series of criteria and barriers that, in the view of pro-abortion activists, harm women. With a majority in Parliament, the new coalition has great chances of winning this endeavor.
Even more worrisome is the case of Mexico, where abortion approval was imposed by a Supreme Court decision. In September, the court overturned a law adopted by the state of Coahuila – which vetoed abortion after the sixth week of pregnancy. This decision could open the door for the legalization of abortion nationwide. In 2021, two other Mexican states had already passed laws that allow abortions up to 12 weeks: Veracruz and Hidalgo.
The Supreme Court decision was taken unanimously. The scope of the decision will still be put to the test as new cases arise. What is known is that laws that prohibit abortion entirely or very rigidly have lost their effect.
The decision establishes: “From now on, all future cases, (the judges) must consider that the criminal rules of federal entities that criminalize abortion in an absolute manner are unconstitutional, as do criminal types that do not contemplate the possibility of interrupt the pregnancy in a period close to conception, or the norms that only foresee the possibility of abortion through absolutary excuses (exceptions)”.
Brazil: Statute of the Unborn and André Mendonça
In Brazil, there were few significant changes involving abortion regulations in 2021, both in Congress and in the Supreme Court.
A small advance was the fact that the Statute of the Unborn was once again on the agenda in the Chamber of Deputies – with the holding of a public hearing – which may allow the text to be voted on at the Women’s Commission, where it is currently being processed.
The proposal defines the rights of the unborn child from conception, and gives legal protection to them. Even if it advances in the commission, however, the text must face strong resistance in the other stages of the legislative process in the House and Senate. The situation is made even more difficult by the fact that 2022 is an election year.
Perhaps the biggest news in 2021 was the approval of André Mendonça’s name to occupy a seat on the Federal Supreme Court. On previous occasions, he has spoken out against the legalization of abortion in the country.
“I consider his confirmation at the STF to be very positive. He has had a very clear pro-life stance, but it is necessary to wait to see how his work comes to fruition”, says Lenise Garcia, coordinator of the Brasil Sem Aborto Movement.
While the big picture brings reasons for optimism to pro-life advocates, it is unlikely that a global trend will take hold one way or the other. And even victories can be temporary.
“I find it very difficult to predict any kind of trend, because in all countries we have a very large polarization. Both those who want to legalize abortion and the pro-life movements are very active”, says Lenise.
Still, she points out that the direction to be taken by the US Supreme Court – whose decision on the Mississippi law is expected in 2022 – could influence other countries. “What will be decided there will be very important”, he stresses.
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