Abortion in Venezuela

Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution.[1] The Latin American/Caribbean region holds one of the highest rates of induced abortion in the world; it is calculated that for every 1,000 live births, there are just over 300 abortions, many of which are illegal and/or clandestine abortions.[2] There is not a clear statistic for Venezuela-specific abortion rates, possibly due to a great majority of the abortions that occur going undocumented.[3] The punishment for a woman who has an abortion for any other reason is a prison sentence lasting anywhere between six months and two years. While the punishment for a doctor or any person who performs the procedure is between one and three years, harsher penalties may apply if the pregnant woman dies as a result of the procedure.[4] There has been debate over this topic for several years[5], among other issues pertaining to reproductive health, particularly in the Catholic church. The current status of abortion in Venezuela is exacerbated by the economic crisis fueled by a lack of access to healthcare. Despite limited financial means due to the crisis, some groups are advocating for abortion rights.

Terminology

Any surgical or medicinal method of termination of a pregnancy can be classified as an induced abortion.[6]

A clandestine abortion is one that is not performed under proper medical care or safe conditions.[7] Since abortion is illegal in Venezuela, a clandestine procedure is often the only choice that a woman has in terminating an unwanted pregnancy, unless she is faced with certain conditions.

Venezuela's policy on abortion follows the "indications model," meaning that it is permissible only when the pregnancy is a threat to the health of the pregnant woman, it is a result of rape, or the fetus cannot live outside of the womb.[8]

Venezuelan Penal Code

The Venezuelan Penal code outlines regulations for having/administering an abortion procedure.

Article 340 of the Penal Code states that "a women who intentionally aborts, using means employed by herself or by a third party with their consent, shall be punished with prison for six months to two years.

Article 433 offers an exception: "a person carrying out an abortion will not incur any penalty if it is an indispensable measure to save the life of the mother."

History

Attitudes toward abortion policies have changed as different political leaders have assumed power in Venezuela. The economic crisis in Venezuela has served as another influence on policy Some groups are combating policies to fight for abortion rights.

Hugo Chavez

Hugo Chavez intended to minimize the gap between the rich and poor and give Venezuelans a better life. This, along with his intent to reform the Constitution, implies that he was in favor of abortion rights, though it was not explicitly said.[9] In Venezuela, the discovery of oil provided an economic boom lasting a period from World War 1 to the 1980s.[10] This period of prosperity was ended by an oil crisis in 1973, which led to a great amount of debt that continued into Chavez's presidency and topped 120 billion in 2011.[11] During the Trienio Adeco period (1945-1948), Venezuela was under democratic rule by several presidents, until Hugo Chavez won Venezuela's presidential election in 1998. Chavez ruled Venezuela as a Bolivarian government starting in 1999, one that followed a left-wing socialist movement that advocated mainly for financial equity, democracy, and anti-corrupt government.[12] He formed the United Socialist Party of Venezuela in 2007, as well as many other programs that catered to the poor, such as the “Bolivarian Missions” to provide universal healthcare coverage under 'Chavezcare' and increase educational opportunities for the poor.[13][14] Among his policies were plans to amend the Venezuelan constitution to decriminalize abortion.[15]

While he was relatively well-liked by the poor in Venezuela, he also received some opposition. The Venezuelan National Strike of 2002-2003 started as an attempt to remove Chavez from office.[16][17] As a result, the country's oil company Petróleos de Venezuela, S.A. (PDVSA) lost money, and since the economy largely depends on the oil industry, the nation's GDP fell significantly.[18][19] Despite this and other strikes against him, Chavez remained in office until he was too ill to run as president.[20]

Nicolas Maduro

As of yet, Maduro has not mentioned plans to amend to Constitution in favor of abortion rights. After Chavez's presidency, Nicolas Maduro took over after what some call a rigged election.[21] He continued to implement the socialist policies that Chavez started, though some argue he rules as a dictator. In 2013, Venezuela's currency lost value due to shortages in essentials such as staple foods and toiletries.[22] Since then, Venezuela has been in an economic crisis, where inflation has reached an all-time high.[23][24] Maduro issued a state of emergency in 2016, allowing Venezuelans to cross Colombian borders for greater access to necessities, though for those in compromising situations this is not a possibility.[25] Maduro was re-elected to office in 2018, though some continue to deem it an illegitimate election.[26]

There have been U.S. sanctions placed on oil export, preventing foreign entities from purchasing oil stock; this hurt Venezuela's economy because oil makes up so much of its GDP, which only aggravated the crisis.[27]

Economic crisis

The economic crisis In Venezuela has led to a decrease in access to contraceptives, and has caused many women to resort to sterilization and abortion as a family planning method.[28][29] Since 2013, the crisis has left Venezuelans with a grim outlook on healthcare, as 90 percent of all citizens live in poverty.[30] Medicine is at a massive shortage, with over 80% of medicinal access restricted by the crisis.[31]

Access to contraceptives

Along with healthcare, particularly affected are Venezuelans’ access to contraceptives. Since contraceptives are not considered an “essential medicine,” they are at an even greater shortage than non-contraceptive medications. The few contraceptives available are subject to high inflation rates. For instance, a three-pack of condoms can cost several weeks’ worth of minimum wage pay,[31] and a box of birth control pills can cost almost a year's worth of pay at the same rate, making them virtually unaffordable for citizens.[32]

Sterilization and abortion

For most, the high prices of contraceptives force them to resort to abstinence or sterilization. Though the sterilization procedure is expensive, some would rather pay over caring for children they cannot afford. This is done in lieu of later clandestine abortions. The Intercept reports that some of the women who opt for sterilization are as young as 14 years old.[32]

Social activism
"Fetuses go to paradise, legalize abortion." This art is advocating for abortion rights in Argentina as Venezuela continues to face a lack of abortion rights.

During his presidency, Hugo Chavez operated Venezuela under a socialist economy, which was meant to promote equality. Some groups, such as the Feminists in Free and Direct Action for Safe Abortions in Revolution, were formed during his presidency. This group, along with many others, advocates for ending dangerous clandestine abortion.[33] Similarly, Venezuela's National Constituent Assembly (ANC), formed in July 2017, advocates for the reformation of Venezuela's constitution to include women's right to abort beyond those outlined by the “indications model.” [34]

Other efforts to support the movement include the efforts of one group to use a telephone hotline to inform women on how to safely have an abortion.[35] Misoprostol is a drug that can be used to induce labor and cause a medical abortion, which is any abortion done via drug.[36][37] This hotline provides women with the ability to make an informed decision about proceeding with an abortion. It does not, however, change the legal status of abortion in Venezuela, nor does it provide women access to medical care. Due to abortion's legal status, Venezuelans often obtain misoprostol through the black market, which is expensive and puts the mother at risk.[38]

Catholic Church

The population of Venezuela is over three-quarters Roman Catholic,[39] making Catholic norms more prevalent in Venezuelan society than any other religion.[40] Abortion laws are debated by those with Catholic beliefs, as some Catholics hold that ‘artificial’ forms of birth control (abortion, condoms, or birth control pills) do not align with the Catholic moral code, and “that abortion is a result of widespread immorality and ignorance.”[41] Protests against abortion-restrictive laws have raised concern for the Catholic community; in May 2006, Pope Benedict XVI met with President Hugo Chavez to discuss his concern over the possibility that Chavez would loosen abortion laws in Venezuela.[42]

Misoprostol

Misoprostol, though it is among the safer forms of clandestine abortion, can be dangerous if not taken under medical supervision. It may cause hemorrhaging and other adverse effects such as infection.[43] If left untreated, it could lead to death. It is estimated that around 6,000 women die every year in Latin America alone because of unsafe abortions.[44] Unsafe abortions, including those done via misoprostol, contribute significantly to maternal and overall female mortality in Venezuela.

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References
  1. Brewer-Carias, Allan R. "The 1999 Venezuelan Constitution-Making Process as an Instrument for Framing the Development of an Authoritarian Political Regime, Framing the State in Times of Transition: Case Studies in Constitution Making" (PDF).
  2. Paxman, John; Rizo, Alberto; Brown, Laura; Benson, Janie (Aug 1993). "The clandestine epidemic: the practice of unsafe abortion in Latin America". Studies in Family Planning. 24 (4): 205–226. doi:10.2307/2939189. JSTOR 2939189.
  3. "Abortion in Latin America And the Caribbean" (PDF). Guttmacher Institute. Retrieved 13 November 2018.
  4. https://www.un.org/esa/population/publications/abortion/doc/venezuela.doc
  5. Kelly, Annie (2018-08-09). "Latin America's fight to legalise abortion: the key battlegrounds". The Guardian. ISSN 0261-3077. Retrieved 2019-05-26.
  6. "Frequently Asked Questions". Women's Health Care Physicians. The American College of Obstetricians & Gynecologists. Retrieved 3 October 2018.
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  8. Drovetta, Raquel Irene (27 July 2015). "Safe abortion information hotlines: An effective strategy for increasing women's access to safe abortions in Latin America". Reproductive Health Matters. 23 (45): 47–57. doi:10.1016/j.rhm.2015.06.004. PMID 26278832.
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  36. Allen, Rebecca; O'Brien, Barbara (Summer 2009). "Uses of Misoprostol in Obstetrics and Gynecology". Reviews in Obstetrics & Gynecology. 2 (3): 159–168. PMC 2760893. PMID 19826573.
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  38. Capozza, Korey (December 1998). "Clandestine Abortion Kills Latin American Women". Off Our Backs. 28 (11): 12–13. JSTOR 20836259.
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  40. Aguire, Jesus Maria (2012). "Informe sociográfico de la religión en Venezuela" (PDF). El Centro Gumilla. Archived from the original (PDF) on 24 September 2015. Retrieved 4 November 2018.
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See also
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