The recent ruling of the Supreme Court of the United States that revoked the right to abortion in that country and left the regulation of this procedure in the hands of each state revived the discussion on access to abortion in the world.
Several states such as Missouri or Texas prohibited access to abortion just a few hours after the court’s decision was known. But these states are not the only places in the world where abortion is illegal and can lead to prison sentences.
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These are the countries in the world with the most restrictive abortion laws and the sentences that women who abort can face.
The Savior
This Central American country has some of the most restrictive regulations on abortion. In 1998, the nation adopted the crime of abortion within the Penal Code in articles 133 to 137. Since that date, abortion is criminalized in all circumstances, even in cases where the life of the mother or fetus is in danger.
The law of El Salvador establishes then that a woman who provokes her own abortion or who allows someone else to practice it can receive a prison sentence of between two and eight years in prison.
“Whoever causes an abortion with the consent of the woman or the woman who causes her own abortion or consents to another person performing it, will be punished with imprisonment from two to eight years,” reads the Penal Code.
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The doctor or professional who performs the abortion is also punished with between five and 12 years in prison, who is also punished with the inability to practice his profession for the same period.
Anyone who induces a woman to have an abortion or provides her with the means to perform it can also receive a sentence of between two and five years in prison.
And it is that the panorama is critical for the women of that country. According to the Human Right Watch report on rights in El Salvador in 2021, at least 17 women who suffered obstetric emergencies were imprisoned on charges of abortion and homicide.
According to the Feminist Collective for Local Development (CFDL), in the last two decades about 181 women have been penalized in El Salvador for miscarriages. Several have been sentenced to up to 40 years in prison for the crime of aggravated homicide despite the fact that it was a miscarriage.
Honduras
Honduras has banned abortion in all cases since 1983 and condemns any woman who undergoes this procedure or anyone who assists her in having an abortion.
In addition, in January 2021 the country approved a constitutional reform with which it toughened the legislation on this matter, seeking to prevent abortion from being approved in the future.
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Thus, article 67 of the Honduran Constitution establishes that all interruptions of pregnancy are considered prohibited and illegal and only the majority of Congress (three quarters) can approve a change with respect to this legislation.
“The practice of any form of interruption of the life of the unborn, whose life must be respected at all times, is prohibited and illegal.”, says the article.
The practice of any form of interruption of the life of the unborn is prohibited and illegal
According to the ECLAC Gender Equality Observatory, a woman who causes her abortion or who authorizes the procedure in Honduras can receive a sentence of three to six years in prison.
“Whoever intentionally causes an abortion will be punished: 1. With three (3) to six (6) years in prison if the woman had consented; 2. With six (6) to eight (8) years in prison if the agent acts without the consent of the mother and without using violence or intimidation; 3. With eight (8) to ten (10) years in prison if the agent uses violence, intimidation or deception”, as indicated by the Penal Code.
malt
Malta is one of the few European countries with a total ban on abortion. and it is, in fact, the country of the European Union with the greatest restrictions in this matter.
A woman who has an abortion in that country can be sentenced to sentences ranging from 18 months to three years in prison. According to the ‘ABC’ newspaper, abortion is only allowed when the mother is “imminently dying”.
In fact, a few days ago, the case of an American tourist who was denied the possibility of having an abortion by the Maltese authorities after suffering an attempted miscarriage was revealed.
Andrea Prudente and her partner Jay Weeldreyer requested an abortion after learning that the pregnancy is no longer viable, but their request was denied. The couple was authorized a trip to Mallorca to practice the procedure.
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Nicaragua
This country had a figure that allowed “therapeutic abortion”, that is, in cases of rape or risk to the life of the mother. But a reform of the Penal Code in 2008 made abortion an illegal practice, regardless of the circumstances in which it is requested or in which it occursaccording to Amnesty International.
Since then, a woman who intentionally causes her abortion or allows others to perform it can be sentenced to one or two years in prison. For their part, health personnel who perform an abortion can be disqualified for a period of two to five years and be sentenced to between one and three years in prison.
Dominican Republic
Another Central American country that criminalizes abortion in all circumstances.
Article 137 of the Penal Code of the Dominican Republic states: “Whoever, by means of food, concoctions, medicines, probes, treatments or in any other way, causes or directly cooperates in causing the abortion of a pregnant woman, even when she consents to the, will be punished with the penalty of minor imprisonment. The same penalty will be imposed on the woman who causes an abortion or consents to it.”
According to HRW, women or girls who have an abortion can be sentenced to up to two years in prison, while health professionals can receive 20 years in prison.
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In other countries such as Andorra, Haiti, Jamaica, the Philippines or the Congo, abortion is also punishable by imprisonment.
But in others this procedure is limited to the causes. For example, according to AFP, abortion is accessible only in case of danger to the life of the mother in countries such as Ivory Coast, Libya, Uganda, South Sudan, Iraq, Lebanon, Syria, Afghanistan, Yemen, Bangladesh, Burma, Sri Lanka, Guatemala, Paraguay or Venezuela.
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