The author of this column, written for CIPER, reviews the main findings of the ‘National Report on the Criminalization of Abortion in Chile,’ presented this January 9. She notes that the penalization of pregnancy termination ‘has stigmatized women and girls facing obstetric emergencies, has imprisoned innocent women and girls, and has reinforced the stigma toward reproductive health for both women and healthcare professionals.’ She adds that ‘the bill announced by President Gabriel Boric represents a historic opportunity to change this paradigm.’
For over a decade, Chile has witnessed the grave consequences of using criminal law to regulate access to abortion. Between 2012 and 2022, 444 individuals were investigated in 391 legal cases related to pregnancy terminations or obstetric emergencies. This data is part of an exhaustive investigation conducted by Corporación Miles, reflected in the ‘National Report on the Criminalization of Abortion in Chile (2012-2022).’ The information was gathered through 17 public information requests, a review of 523 judicial files, an analysis of 51 rulings and interviews, using a mixed qualitative and quantitative approach. This research is part of the regional initiative ‘It Could Happen to Any of Us: Health Without Convictions,’ which documents the criminalization of abortion in six Latin American and Caribbean countries: Brazil, Chile, Guatemala, Peru, the Dominican Republic, and Uruguay.
The majority of those investigated in our country (73%) were accused of induced abortion, while 9.9% faced proceedings for miscarriages. In many cases, the latter ended in dismissal due to a lack of legal merit. Although Law No. 21.030, in effect since 2018, introduced limited grounds for the legal termination of pregnancy, it has not eliminated criminalization nor the human consequences it generates.
The impact of these processes is not limited to social stigmatization but also includes disproportionate precautionary measures. In 5.9% of cases, pretrial detention was ordered, although most detentions did not exceed one month. National travel bans (38%) and the obligation to check in periodically with authorities (29.8%) were the most common measures, limiting personal freedom and deepening the precariousness of those involved. Additionally, some processes drag on for years: there are cases open since 2013, reflecting a duration of more than nine years.
Despite the prolonged investigation and the associated human cost, only 11% of the people investigated were convicted. Of these, 89.8% received alternative sentences, and only three cases ended in actual prison time. Most of the accused (62.6%) relied on public defense, highlighting their socioeconomic vulnerability. Regionally, reports from healthcare professionals were most frequent in the Metropolitan Region (24.1%), Antofagasta (19.5%), and Biobío (9.2%).
This data reveals that using criminal law to regulate abortion is not only ineffective but profoundly unjust. It criminalizes women and pregnant individuals in vulnerable situations, often in the face of obstetric emergencies or circumstances beyond their control. Furthermore, it reinforces gender stereotypes and violates fundamental rights such as privacy and access to health. Instead of ensuring a decrease in abortions, the use of criminal law has had the opposite effect: it has stigmatized women and girls facing obstetric emergencies, imprisoned innocent women and girls, and reinforced the stigma toward reproductive health for both women and healthcare professionals.
The bill announced by President Gabriel Boric represents a historic opportunity to change this paradigm. Recognizing abortion as a public health and human rights issue, rather than a criminal matter, could mark a turning point in the protection of reproductive rights in Chile. International experience shows that the decriminalization of abortion, along with health-centered regulatory frameworks, reduces maternal mortality and ensures greater social equality.
Eliminating criminal sanctions associated with abortion is fundamental to ensuring that no woman or pregnant person is prosecuted for seeking medical care. At the same time, it is key to reform laws that force healthcare staff to report their patients. Respecting professional confidentiality fosters trust in the healthcare system and ensures that individuals receive the care they need without fear of legal retaliation.
Strengthening the public health system is equally necessary, ensuring access to safe, legal, and free sexual and reproductive health services. This must include guaranteeing quality care without discrimination or stigmatization, regardless of socioeconomic status or place of residence. In parallel, comprehensive sexual education plays a crucial role in preventing unintended pregnancies. Addressing sexual and reproductive health from a human rights perspective contributes to reducing the need for abortion and empowers individuals to make informed decisions about their bodies and health.
Both the universal and the Inter-American human rights systems have pointed out that the criminalization of abortion contravenes fundamental state obligations. The Inter-American Commission on Human Rights has highlighted that absolute criminalization facilitates unsafe abortions and perpetuates violations of essential rights such as life, health, and equality. Likewise, special mandates from the United Nations have urged states to repeal restrictive laws and adopt legal frameworks that guarantee safe and stigma-free access.
The recent ruling in the case of ‘Beatriz vs. El Salvador’ in the Inter-American Court is a crucial precedent for the region. This case demonstrates how extreme criminalization negatively affects the lives and health of pregnant people, underscoring the need for legislation that prioritizes the protection of human rights rather than punishment.
The path toward the decriminalization of abortion in Chile is not without challenges, but it is a historic debt to the women and pregnant people of the country. This is the time to leave criminalization behind and build a more equitable and dignified future, where access to health and human rights prevail over punishment and stigmatization. Chile has the opportunity to lead this necessary change with courage, moving toward a model that not only fulfills its international commitments but also guarantees justice, equality, and dignity for all.
