On Dec. 30, 2020, the country’s legislature passed a law allowing abortion up to the 14th week of pregnancy without establishing any grounds, i.e. abortion on demand.
Outside of that period, Article 4 of the law states, without giving further details, that abortion my be performed when the pregnancy is the result of rape or “if the life or overall health of the pregnant person is in danger.”
President Javier Milei has spoken out forcefully against abortion both during his election campaign and after winning office but has introduced no legislation. Meanwhile a congresswoman belonging to his political coalition has introduced a bill banning abortion, but the level of congressional support is questionable.
Peru
In Peru, abortion is illegal and constitutes a crime subject to sanctions. However, since 1924 there has been an exception known as “therapeutic abortion,” which is not subject to penalties.
According to Article 119 of the Penal Code, abortion will not be punishable if it is the only recourse to preserve the life of the pregnant woman or prevent serious and permanent damage to her health.
In November 2023, the Peruvian Congress passed the “Law That Recognizes Rights of the Conceived,” which establishes the unborn as a subject of rights with full status as a human person.
Article 2 guarantees the conceived child’s genetic identity, unique and unrepeatable, independent of the mother and endowed with its own personality.
For several years, pro-abortion groups have pushed bills to decriminalize this practice; however, to date they have been unsuccessful.
Ecuador
On April 28, 2021, the Constitutional Court of Ecuador decriminalized abortion, which is allowed only in specific situations: when the life or health of the mother is in danger or in cases of pregnancy resulting from rape.
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The following year, the National Assembly of Ecuador approved a bill in compliance with the court’s ruling.
According to the law, abortion is allowed up to 12 weeks for adult women victims of rape and as an exception up to 18 weeks in rape cases of girls, adolescents, Indigenous women, and women from rural areas.
Since the law was passed, Constitutional Court judges have attempted to invalidate certain articles of the law to liberalize abortion.
Uruguay
In Uruguay, abortion has been regulated for more than 10 years by Law 18987, which establishes that it will not be penalized if it is performed within the first 12 weeks of gestation or up to 14 weeks in cases of rape.
However, there are no limits when there are serious fetal anomalies or when the mother’s life is at risk.