Abortion Rights in Latin America: An Unsettled Battle

Abstract

Despite feminist movements' many steps forward in Latin America, abortion rights remain an issue where political clashes continue. While other equal rights advances have been attained without any subsequent "rolling back," abortion rights have exhibited a pendular back-and-forth dynamic in many countries of the region. They often become a high-profile public issue in polarised political contexts. This also affects the work of NGOs and development agencies. Abortion rights are one of the most polarising and politically contentious issues in the Americas today, and one that is often aligned with left-wing (pro-liberalisation) and right-wing (pro-prohibition) positions. National and transnational advocacy on both sides has intensified, with little room left for meaningful dialogue. Latin American and Caribbean countries exhibit some of the world's harshest and most prohibitive abortion laws. The legal status of abortion varies widely within the region, and pressure to change this status arises frequently. Argentina, Chile, Dominican Republic, and Mexico have all seen significant legal changes related to abortion in the last five years. While Chile and Argentina have taken steps towards legalisation, an attempt to legalise abortion in the Dominican Republic - only when there is a risk to the woman's life - is still pending Congress approval. Mexico's federal system has seen some states toughen abortion restrictions, while only one state has moved in the opposite direction. While particular religious organisations constitute the core pressure group for restricting abortion rights, calls for liberalisation have received broad support among urban and secular sectors of society. The pendular character of abortion rights can be expected to continue as part of the frequent left and right swings on the continent. Institutions and NGOs working in the field of reproductive rights face an ever-changing legal environment, which poses major threats to their activities. Especially those organisations dependent on US funding frequently suffer from the so-called "global gag rule," which is enacted or repealed depending on the party in power in Washington, as it prohibits aid or partnerships with institutions that promote abortion rights.