Abortion in Uruguay

Prior to legalization, the punishment for having an abortion was 3 to 12 months in prison, while performing an abortion was punishable by 6 to 24 months in prison.^[2] A judge could mitigate the pregnant woman's sentence in certain circumstances. These included economic hardship, risk for the woman's life, rape, or family honor.^[3]

On November 11, 2008, the Senate voted 17 to 13 to support a bill which decriminalized abortion.^[4] This bill was vetoed by President Tabaré Vázquez on November 14 of the same year.^[5]

In December 2011, the Senate voted 17 to 14 to support a bill which would decriminalize abortion in their country. The bill would allow abortion after 12 weeks (fetal age 10 weeks) in cases of rape or incest.^[6] President Jose Mujica has said he would sign the bill if it passed the Chamber of Deputies.^[7] The Chamber of Deputies later passed the bill.

Abortion was made illegal in Uruguay in 1938. The Catholic church arrived in Uruguay during colonial times and was a contributing factor to the prohibition.^[8] During the reform of Uruguay's government system towards the end of the civil wars, it was largely two populist parties and political armies that wanted to form a democracy.^[9] However, this limited legislative progress as the consensus primarily worked on common ground and traditional topics avoiding topics outside those bounds.^[9]

In 2004, a team of professionals including gynecologists, midwives, psychologists, nurses and social workers founded a group called Iniciativas Sanitarias ("Health Initiatives"). As part of a larger goal to promote sexual rights and abortion as a "human right", they focused on unintended or "unwanted" pregnancies and their consequences.^[10] They say that women should not have to pay for abortion of the unborn child's life with their own lives, and that pregnant women have a right to health information and emotional support, as well as post-abortion medical care. Their group aims to provide both respect and confidentiality.^[11]

In 2012, Uruguay decriminalized abortion. While a number of politicians and advocacy groups protested its legalization, in 2013, they failed to muster the required support for a national referendum to settle the matter,^[12] and the political positions are varied, with leaders from all the parties that think differently.^[13] This debate is found throughout Latin America and is reflected in the countries' diverse policies on abortion and reproductive healthcare. The same "Pro-vida" movements and "Marea Verde" movements are found throughout the region as well.^[14]

After the legalization of abortion in Uruguay, there has been a decrease in fertility rates. Adolescent fertility rates having the largest drop of 87 births per 1000 women to 48.^[15] This isn't solely driven by the legalization of abortion, but it is a contributing factor. Around the same time improved education, preferences for smaller families, and same-sex marriage legalization drove these around the early 2010s.

Accompanying this fertility change was a fear of judgement for those seeking abortion care from themselves, peers, and medical staff. 95% of those seeking abortions reported judging themself, 85% reported fearing being judged by peers, and 24% reported feeling judged by health care providers and others seeking abortion services. As well, 29% reported being worried they would be judged by their doctors after seeking an abortion.^[16]

Many people seeking abortions reported knowing that abortion was decriminalized.^[17] However, only 23% knew their doctor could object to their abortion.^[16] A majority interviewed found the mandatory five-day waiting period superfluous given they had already gone to hospital to have the abortion performed.^[17] While the five-day reflection period is a legal requirement, hospitals can still impose longer reflection periods to use their facilities. One person reported having to wait 15 days before they could receive their care.^[17]

• Abortion law
• Reproductive rights in Latin America