The decriminalization of abortion in Uruguay: partial acceptance in the light of an omnipresent and multidimensional anti-abortion threat

12/07/2023

Written by: Élise Zamora

Translated by: Amina Murhebwa 

The law to decriminalize abortion in Uruguay was passed in 2012, following feminist mobilizations and the social struggles that accompanied them, making this territory the third country in Latin America to adopt such a measure^[1]Faúndes, A. (2016). What can we do as gynecologists/obstetricians to reduce unsafe abortion and its consequences? The Uruguayan response, International Journal of Gynecology & Obstetrics, vol. … Continue reading. This law made voluntary termination of pregnancy (abortion) legal during the first 12 weeks of pregnancy. Before this law came into force, abortion was punishable by nine months in prison for patients and up to 24 months in prison for practitioners^[2]Samson, E. (18 octobre 2012) Uruguay : le Sénat adopte la dépénalisation de l’avortement. RFI … Continue reading. Since this triumphant vote, the country has been considered a model to follow in the region. If this measure was perceived as a revolution on a national, regional, and international scale, it is not received in the same way by the entire population, divides the medical profession as well as the political sphere, and access to it is not always easy. Furthermore, this right could be called into question in the years to come. Indeed, the year 2020 marked a turning point in Uruguayan politics^[3]Lacombe, D. (2020). L’avortement en Amérique latine (II) : les femmes sous tutelle. Problèmes d’Amérique latine, 118, 5-10. https://doi.org/10.3917/pal.118.0065. The outcome of the national elections was favourable to the right with President Luis Lacalle Pou representing it. Traditionalist and reactionary, this government’s policy could endanger the right to abortion. How could the feverish struggles and gains in terms of women’s rights within the framework of the 2012 abortion decriminalization law in Uruguay be called into question by the political and societal situation?

A perpetual struggle: a historic fight with mixed results

The beginning of this Uruguayan struggle dates to the 1930s with a succession of debates concerning the right to abortion^[4]Aguiar, S. Arocena, F. (2014). Menant la marche : l’Uruguay et ses trois lois avant-gardistes. Cahiers des Amériques latines, n°77, p. 69-86 https://doi.org/10.4000/cal.3386. quickly running out of steam. Then, at the end of the dictatorship of Juan Maria Bordaberry and Gregorio Alvarez (1973-1985), a multitude of feminist groups and organizations such as Cotidiano Mujer and Plenario de Mujeres del Uruguay mobilized around various demands concerning the rights of women spearheading the right to abortion^[5]Aguiar, S. Arocena, F. (2014). Menant la marche : l’Uruguay et ses trois lois avant-gardistes. Cahiers des Amériques latines, n°77, p. 69-86 https://doi.org/10.4000/cal.3386.. This post-dictatorship period is also punctuated by international awareness, notably the “World Conference on Women” in Beijing in 1995^[6]Aguiar, S. Arocena, F. (2014). Menant la marche : l’Uruguay et ses trois lois avant-gardistes. Cahiers des Amériques latines, n°77, p. 69-86 https://doi.org/10.4000/cal.3386.. Thus, this era is marked by changes in demands and struggles against clandestine abortions which are beginning to be truly perceived as a public health problem^[7]Aguiar, S. Arocena, F. (2014). Menant la marche : l’Uruguay et ses trois lois avant-gardistes. Cahiers des Amériques latines, n°77, p. 69-86 https://doi.org/10.4000/cal.3386.. In the international context that followed the world conference on women in Beijing and in order to improve their influence, Uruguayan social organizations began to cooperate and put pressure on the political agenda of left-wing parties. A first bill concerning the decriminalization of abortion appeared in 1998, marking the 1999 elections. Then in 2002, Parliament debated the bill receiving a positive result of 47 votes against 40, but in 2004, the proposal was rejected by the Senate^[8]Aguiar, S. Arocena, F. (2014). Menant la marche : l’Uruguay et ses trois lois avant-gardistes. Cahiers des Amériques latines, n°77, p. 69-86 https://doi.org/10.4000/cal.3386.. Subsequently, the debate on abortion was relaunched thanks to the coming to power of José Mujica in 2010, allowing a new attempt to obtain the right to abortion. Thus, it is at the end of thirty years of debate, twelve years of social movements but above all the pragmatism and sacrifices of women’s rights defenders that Uruguay adopts the law decriminalizing abortion^[9]Abracinskas, L. (2013). Uruguay : la construction complexe d’une revendication juste et libératrice. Humanitaire, Enjeux, pratiques, débats. N°35p. 60-67 … Continue reading. Despite a victory, several values ​​and ideological principles had to be abandoned. For example, the autonomy of women in the abortion process is partially violated with a strong influence of the medical profession having a right of oversight and particularly strong power over women’s decisions. Thus, the dissensions between feminist struggles, the recognition of women’s rights and the preservation of public health are numerous^[10]Adriasola, G. (2013). La objeción de conciencia y la interrupción voluntaria del embarazo. ¿Cómo conciliar su ejercicio con los derechos de las usuarias? , Revista Médica del Uruguay, vol. 29, … Continue reading.

Furthermore, anti-abortion positions in civil society and at the heart of the political sphere have shown increasing hostility since the adoption of the law. According to a 2015 Latinbarometro survey, rejection of abortion is strongest among people aged over 60 and individuals aged under 25^[11]Rivera-Vélez, L. (2020). La réponse conservatrice à la dépénalisation de l’avortement en Uruguay. Problèmes d’Amérique latine, 118, 65-86. https://doi.org/10.3917/pal.118.0065. There would also be an obvious correlation between opposition to this right and the practice of religion^[12]Couto, M. (2018). La penalización social del aborto en América Latina. Tesisde maestría en estudios contemporaneos de América Latina, Universidad de la Républica, Montevideo … Continue reading. This survey also reports that 60% of right-wing voters^[13]Couto, M. (2018). La penalización social del aborto en América Latina. Tesisde maestría en estudios contemporaneos de América Latina, Universidad de la Républica, Montevideo … Continue reading are against abortion. This resurgence of opposition within civil society is particularly evident in 2019, during the elections, with the unprecedented appearance of the far-right Cabildo Abierto party defending a policy of rejecting the 2012 law on marriage for all and the recognition of transgender people, among others^[14]Couto, M. (2018). La penalización social del aborto en América Latina. Tesisde maestría en estudios contemporaneos de América Latina, Universidad de la Républica, Montevideo … Continue reading. The main supporters of this party are found among the modest and working classes as well as the army^[15]Couto, M. (2018). La penalización social del aborto en América Latina. Tesisde maestría en estudios contemporaneos de América Latina, Universidad de la Républica, Montevideo … Continue reading. The current Minister of Health appointed in 2020, Daniel Salinas, is himself a member of this far right party, and is openly opposed to the practice of abortion^[16]Conscience, T. (8 mars 2020). Journée du 8 mars : en Uruguay, les associations craignent la remise en cause de l’IVG . RFI. … Continue reading. Finally, since the ratification of the law, there has been a politicization of local anti-abortion organizations, close to the Catholic and evangelical Churches, whose main objective is to reach a national scale. The use of a discursive register similar to feminist discourses in defense of women’s rights, in particular with the “defense of human rights” or the notion of “women’s empowerment”, is a strategy for gaining momentum and democratization of their anti-abortion fights^[17]Conscience, T. (8 mars 2020). Journée du 8 mars : en Uruguay, les associations craignent la remise en cause de l’IVG . RFI. … Continue reading. In this context, the objective is to obtain a more inclusive discourse, with a desire to integrate young women into their struggle. These various elements underline the mixed acceptance of the law both in the political sphere and in civil society. If the year 2012 is synonymous with victory in terms of human rights and women’s rights, it would seem that the fight for the right to abortion is still necessary in Uruguay.

Controversies in the application of the law: conscientious objections, administrative violence and legitimization of anti-choice discourse

Conscientious objection^[18]L’objection de conscience reconnue aux médecins est la faculté de refuser de pratiquer un acte médical ou de concourir un acte qui, bien qu’autorisé par la loi, est contraire à leurs … Continue reading represents a regular tool in the fight against abortion. According to the latest studies by the Uruguayan Ministry of Health, 30% of public service practitioners are conscientious objectors and 50% in military hospitals^[19]Wood, S. et al « Reform of abortion law in Uruguay, art.cit., p107 https://doi.org/10.1016/j.rhm.2016.11.006. In certain regions, the entire medical profession opposes abortion and invokes conscientious objection. For example, gynaecologists from the department of Salto^[20]Martinez, M. (2017). No se producirian los 10.000 abortos que hoy tenemos por ano, que aumentan anos tras anos, El Pais (Uruguay) “No se producirían los 10.000 abortos que hoy tenemos por … Continue reading), located in the northwest of the country, unitedly oppose the practice of abortion. Women in the region are forced to travel to the capital to have an abortion, making a journey of 500 km, adding stress and additional cost. Despite a reaction from the Ministry of Health through a decree published in 2012 to reduce this practice, the limitations that had been imposed were finally cancelled following strong politicization on the part of gynaecologists who initiated an administrative appeal in 2015^[21]Cariboni,D. (2018). Cómo los objetores de conciencia amenazan los derechos sobre el aborto recién conseguidos en Latinoamérica , OpenDemocracy. … Continue reading. Today, practicing doctors have the freedom to invoke conscientious objection in pre-abortion consultations. The motivations mentioned are political, in their rights to exercise a decision-making role over pregnancies, completely stifling the autonomy of women in abortion procedures. Furthermore, the process to access abortion in Uruguay is very long and consists of 6 stages^[22]Cariboni,D. (2018). Cómo los objetores de conciencia amenazan los derechos sobre el aborto recién conseguidos en Latinoamérica , OpenDemocracy. … Continue reading. Initially, a woman who wishes to have an abortion obtains a first appointment with a gynaecologist whose objective is to verify that the deadline (12 weeks) is respected, then discuss the consequences and alternatives, and finally gather the will of the woman to abort. Then, a second meeting is scheduled with an interdisciplinary team of health professionals who are responsible for sharing, once again, information on alternatives to abortion. After this second appointment, the woman is obliged to wait five days which are intended to be a time of “reflection” regarding the information and alternatives that have been communicated to her. Once the five days have passed, the woman has a third appointment so that the gynaecologist can prescribe the medications. The woman administers the medication, then after this act, a fourth optional appointment is offered to her to verify the effectiveness of the procedure^[23]Cariboni,D. (2018). Cómo los objetores de conciencia amenazan los derechos sobre el aborto recién conseguidos en Latinoamérica , OpenDemocracy. … Continue reading.

More generally, access to legal abortion is complicated. The stigmatization of women by medical teams shows the ascendancy that practitioners have over procedural decision-making^[24]Makleff, S. et al. (2019), Experience obtaining legal abortion in Uruguay: knowledge, attitudes, and stigma among abortion clients, BMC Women’s Health, vol. 19, no 1, p. 155. … Continue reading. The consequences are multiple, as seen previously, with an obvious form of administrative and structural violence. There is also an increase in misinformation among women as well as the appearance of severe anxiety explained by a strong feeling of judgment: a quarter of women report feeling judged when obtaining medical services^[25]Makleff, S. et al. (2019), Experience obtaining legal abortion in Uruguay: knowledge, attitudes, and stigma among abortion clients, BMC Women’s Health, vol. 19, no 1, p. 155. … Continue reading.

While there have been attempts to regulate the application of the 2012 law, the government elected in 2019 favours the legitimization of anti-abortion movements in all circles. Indeed, the leader of the National Party, Luis Alberto Lacalle Pou, now president, is known for his conservative values ​​and for being close to the Catholic Church. His program regarding abortion policies threatens this right, notably with the establishment of an agenda that he describes as “pro-life”. The latter is focused on four main objectives: the promotion of adoption, the improvement of sex education, the promotion of so-called “responsible” fatherhood and the recognition of life from the moment of conception. For example, so-called “responsible” paternity, this measure would aim to achieve “equality of rights and obligations between fathers and mothers”. Behind this apparently progressive formulation, the real motivations would be to promote and encourage control of pregnancies by men. This is one of the arguments of the pronatalist discourse that the government advocates and which, consequently, legitimizes the rise of anti-choice movements and groups, the vast majority of which are right-wing and far-right^[26]Makleff, S. et al. (2019), Experience obtaining legal abortion in Uruguay: knowledge, attitudes, and stigma among abortion clients, BMC Women’s Health, vol. 19, no 1, p. 155. … Continue reading.

The unstable situation of abortion law in Uruguay

The political changes of recent years have brought about an unprecedented traditionalist and reactionary influence calling into question the law decriminalizing abortion. The legal controversies and the right-wing policies^[27]Biroli, F. Caminotti, M. (2020) The Conservative Backlash against Gender in Latin America, Politics & Gender, vol. 16, no 1, p. 1 5. https://doi.org/10.1017/S1743923X20000045 of the Lacalle Pou government clearly show to what extent and in what form anti-abortion movements and campaigns act with complete impunity. If before the 2019 elections these movements found little or no voice of legitimacy, now the head of government provides them, directly or indirectly, with a form of validation. The consequences of this new type of legitimacy risk leading to a continued increase in stigmatization of women at all levels in the years to come^[28]Pérez Bentancur, V. Rocha-Carpiuc, C. (2020). The Postreform Stage: Understanding Backlash against Sexual Policies in Latin America, Politics & Gender, vol. 16, no 1, p. 11 18. … Continue reading.

The reactionary backlash to the Lacalle Pou government’s policies, the controversies in the application of the law decriminalizing abortion as well as the proliferation of anti-choice groups promotes understanding of the establishment of the anti-abortion campaign in Uruguay. In this regard, the traditionalist strategies of backlash^[29]Mansbridge, J. Shauna, S. (2012) Vers une théorie du backlash : la resistance dynamique et le rôle fondamental du pouvoir. Recherches féministes, vol.25, n°1, p.151-62 www.erudit.org, … Continue reading fit perfectly into the framework of this Latin American country. Indeed, previous right-wing governments as well as that of Lacalle Pou are determined to call into question public policies focused on gender in the region. Thus, by tolerating or even encouraging the various reactionary institutional or non-institutional actors, the Uruguayan government shows the instrumentalization of multidimensional and multiscale agents in the destruction of public policies.

In a context where a fundamental right is threatened, it is important to understand the importance of the constitutionalization of human rights such as the right to abortion. If the impetus for this struggle comes only slightly from the political sphere, it is then civil society, NGOs and feminist groups who must continue the fight to preserve the right to abortion. Solidarity must be established at all levels, local, national, regional, and global in a society where the right to abortion is not complete and greatly threatened. The struggle that has been in place in Uruguay since the 1930s must continue in order to combat growing obscurantism. The next national elections will take place in October 2024, the pro-choice voice carried by feminist groups and a part of the Uruguayan population will then have to be heard at the ballot boxes to hope for stabilization and a more concrete and effective realization of the access to abortion than that currently experienced in Uruguay.

To cite this article : Élise Zamora (2023). The decriminalization of abortion in Uruguay: partial acceptance in the light of an omnipresent and multidimensional anti-abortion threat. Gender in Geopolitics Institute. https://igg-geo.org/?p=18871&lang=en

The comments contained in this article are those of the author alone.