The regional initiative *Salud Sin Miedos* presented the report *Por una Salud Sin Miedos*, a study that analyzes 611 cases of criminalization of abortion that occurred between 2012 and 2023 in Brazil, Chile, Guatemala, Peru, the Dominican Republic, and Uruguay. The study places these cases within a broader context of 10,848 women, girls, and adolescents who were criminalized in those six countries, and argues that criminal prosecution is linked to human rights violations.
The study applies a comparative and standardized methodology and proposes the concept of the “pathway of abortion criminalization” to describe the journey from seeking medical care to the initiation of investigations and criminal proceedings. Along this pathway, the report notes that entering the healthcare system can mark the beginning of persecution, which then extends to the justice system.
One of the main findings concerns the role of hospitals as a gateway to criminalization. In more than half of the cases where the source of the complaint could be identified, it originated from healthcare personnel when individuals went to hospitals seeking medical care. The report argues that this starting point affects the relationship with the healthcare system and the ability to access care without fear of criminal consequences.
The document also describes irregularities in the administration of justice. In the 611 cases analyzed, violations of due process were documented: lack of timely access to legal representation, interrogations without a defense attorney present, and proceedings based on evidence obtained through violations of medical confidentiality, which also undermine the right against self-incrimination. “The prosecution of women for abortion does not occur in a vacuum: it is the result of processes marked by violations of basic rights,” said Selene Soto Rodríguez, senior legal advisor at Ríos.
In its analysis of the phenomenon, the report concludes that the criminalization of abortion functions as a discriminatory policy based on gender stereotypes. In the court records reviewed, women were described as “cold,” “calculating,” or even “murderers,” within a framework that reinforces stereotypes linked to traditional roles of motherhood and caregiving.
Another focus of the study centers on government transparency and access to public information. Based on 314 requests for access to information sent to 154 state entities in the six countries analyzed, the report identified a lack of disaggregated and up-to-date data, inconsistencies between official figures, and omissions regarding the profiles of those criminalized.
As a proposal, the report outlines a roadmap that includes eliminating or reducing the use of criminal law in relation to abortion; guaranteeing medical confidentiality and eliminating reporting obligations for healthcare personnel; ensuring adequate legal representation and due process; taking measures to eliminate gender stereotypes in the justice systems; preventing and punishing obstetric and institutional violence; adopting policies with a gender and intersectional perspective; and strengthening the production of public and disaggregated data. “This report demonstrates that the criminalization of abortion is a state practice that puts lives at risk,” said Ximena Casas Isaza, coordinator of the Salud Sin Miedos initiative.
