Human Rights Analysis of Ecuadorian Abortion Laws

Angelica UllauriMPHPublic Health and Human RightsPolicy Critique12 of May 2015

HUMAN RIGHTS AND PUBLIC HEALTH APPROACH TO ABORTION LAW IN ECUADOR

What is abortion?

Abortion can be understood as the provoked or spontaneous termination of pregnancy before the 20-week of pregnancy (Neira & Narvaez, 2008). Provoked abortion is considered as the intentional termination of pregnancy induced by drugs or medical procedures such as surgery (Neira & Narvaez, 2008). On the other hand a spontaneous abortion is an abortion that has not resulted being induced through any intervention (Neira & Narvaez, 2008). According to the WHO, over the last decade approximately 50 to 40 million abortions have happened worldwide, and according to the same study about half of these abortions are provoked in unsafe conditions (Åhman & Iqbal, 2008).

The WHO has defined unsafe abortions as provoked abortions that are carried out under unskilled supervision, in an environment that does not meet the standards of medical care. Unsafe abortions usually have three characteristics in that they often occur without enough information and support. They might be self-induced by women and often women are prevented from seeking medical attention (Åhman & Iqbal, 2008).

Some of the reasons why women might seek unsafe abortions have to do with restrictive national laws that prosecute women under the basis of abortion. Health systems that are frequently not equipped to provide for women’s health needs and social and cultural stigma around abortion also contribute (World Health Organization, 2012).

There are various consequences of unsafe abortion ie. the need for emergency post-abortion care, high cost to the health system, increased female mortality and morbidity rates and legal prosecution (World Health Organization, 2012). Abortion is a complex reproductive health issue that affects women’s lives and health. It was estimated that in 2004 8.5 million women worldwide suffered from complications of abortion and 3 million of them did not manage to receive medical care (Åhman & Iqbal, 2008). These numbers are mostly concentrated in developing countries, where poor women have the least access to reproductive health care and due to their limited economic resources they might also be more likely to suffer complication related to abortion (Åhman & Iqbal, 2008)

Abortion in Latin American

Latin America is one of the regions in the world with the most restrictive abortion laws. Chile, The Dominican Republic, El Salvador and Nicaragua criminalize any type of abortion, whilst seventeen countries don’t consider rape a sound reason for abortion. Most countries allow abortion when the life of the mother is in danger and out of 32 countries only Uruguay, Guyana, Cuba and Mexico City have completely decriminalized abortion under all circumstances (Ford & Galatsidas, October 2014).

Restrictive laws on abortion push more women to seek unsafe and illegal abortion methods (Åhman & Iqbal, 2008). According to a World Health Organization report on unsafe abortion, around 95% of abortions in the region are unsafe. In contrast, the Caribbean sub region reports a 45% rate and is the lowest in the whole region. This is directly related to Cuba ’s legalization of abortion (World Health Organization, 2012). In Latin America it’s estimated that 31 out of a 1000 women undergo unsafe abortions, making this region second to Africa on this


matter (Åhman & Iqbal, 2008). Yet, the fact that women are seeking unsafe abortions also means that they run the risk of being prosecuted under tight abortion laws. This puts women in a double place of vulnerability where they have to negotiate their reproductive health with their rights/the law.

One of the reasons why abortion is so polemic and such a sensitive issue in the region is due to the large influence of religion over regional politics (Morgan, 2015). For example, in Mexico major lobbying from pro-life Catholic groups aims to stop the creation of laws that would allow legal abortion (Shelley et al., October 2014). Along with the influence of Catholicism, the influential presence of male voices in women’s issues expose cases of sexism that diminishes legislation towards the improvement of the reproductive and sexual rights of women (Morgan, 2015). These issues shed light into some of the major barriers that legislation has to overcome in order for women’s needs to be addressed.

Abortion Laws in Ecuador

Ecuador has had three major changes to its penal code in the last century. The first was in 1906 during the government of liberal and revolutionary president Eloy Alfaro. This code abolished the death penalty as well as crimes against religion. For the first time, Ecuador claimed itself as a lay country (secular state). The next major change in the penal code happened under the dictatorial rule of General Alberto Enriquez in 1938 (Magallanes, 2006) This code was the first one to refer to abortion as a punishable crime that is only accepted when the life of the mother is in danger and when a “demented” or “idiotic” woman is raped (Arana, October 2013).

In October 2011 a new draft for major changes to the penal code was submitted to the National Assembly. In this new draft, new provisions against crimes on abortion were contemplated. In the first debate in 2012, the draft decriminalized abortion under all instances of rape (Human Rights Watch, 2013). Nonetheless, the debate around abortion took a sudden turn in August 2013 when the Ecuadorian President Rafael Correa expressed his disagreement with the new changes on abortion through twitter messages. He said he would veto any abortion laws that were not already existent in the previous penal code (Arana, October 2013).

In an act of rebellion around twenty assembly women from the government put forward a proposal and vote for the decriminalization of abortion in the case of rape (Arana, October 2013). President Correa called this an act of treason and once again warned that if this law on abortion were to be passed he would resign his chair position. As a result of this presidential mandate, three of the assembly women who publicly advocated for the change of the code were sanctioned by the national party due to rebellious behavior.

Finally, in October of 2013 the new penal code was published and the abortion laws only changed in terminology; instead of referring to “demented and idiotic” women, the new code uses the term mental disability (Human Rights Watch, 2013). So, at the end of two years of debate, the new penal code still considers abortion a crime with the two exceptions mentioned below.

Thus, The Ecuadorian penal code as it stands stipulates through articles 147, 148, 140 and 150 four degree of punishable abortion:

1. When abortion results in death: If the abortion results in the death of the woman, the person in charge of the abortion will be imprisoned for a period of 7 to 10 years, if abortion was consented; and between 13 to 16 years if abortion was not consented.

2. When abortion was not consented: If the abortion was not consented by the woman, then the person in charged of the procedure will be imprisoned for a period between 5


to 7 years, and if the procedure was unsuccessful the person would be charged under tentative abortion.

3. When abortion was consented: If the woman has consented to the abortion, the person in charged of the procedure will be punished with 1 to 3 years of imprisonment. Whilst the woman who was allow for someone to perform the abortion or who has self-inflicted the abortion will be imprisoned between a period of 6 months to 3 years.

4. Exceptions: Abortion will only be accepted if performed by a health care provider and with the consentient of the mother, her partner or family under two instances: when the life of the mother is in danger and if abortion is the only way forward; and if the pregnancy of a woman with mental disabilities is the result of rape (Appendix 1).

Why is this an issue in Ecuador?Maria is a 20 years old woman from working class neighborhood in one of the cities of

Ecuador. She works from 8:00 am to 20:00 pm and even then does not manage to reach the minimum salary1. Maria did not finish her secondary education and has to provide for both her

mother (who suffers from schizophrenia) and her three-year-old child. One morning before going to work Maria fell and after this she started bleeding, she thought it was her menstrual cycle. Yet three days later, the bleeding continued and she felt pains that she had never felt

before. She went to the hospital to receive medical attention and a nurse informed her they had to do a uterine “ cleansing” - this was the moment when Maria first learnt she was pregnant.

Soon after the medical intervention, police came to interrogate Maria about her abortion, this happened without the presence of a lawyer. Next day after being discharged from the hospital

but without enough time for nurses to give her medication she was taken to a court where based on the police report she was accused of self-induced abortion. Maria’s defence and testimony were not accepted and she was sent to jail. She spent four months in prison before her lawyer

managed to revoke the punitive measures (Plan V, February 2015)

The Ecuadorian constitution in article 45 stipulates that the Ecuadorian government will protect and support the life of the child from the moment of conception. This consideration gives personhood to the foetus and because as a foetus is unable to claims its rights, the State is under the obligation to protect them. Thus the Ecuadorian penal code and its abortion provisions try to make sure that the life of the foetus is protected by the State. Yet this raises larger issues regarding the life of the mother who might find herself in the position of seeking an abortion. The Ecuadorian provision on abortion pushes women to seek unsafe abortions and puts them in the dangerous position of being prosecuted by the State (The Ecuadorian Front for Sexual and Reproductive Rights, 2013). In that sense abortion laws in Ecuador impact women’s access to health as well as limit their personal rights and freedoms.

Abortion then is not an issue of treason, morals or political interest; it is a human rights issue that puts women life into stake (Morgan, 2014). Abortion is about human rights and basic access to health care.

The drafting of abortion laws in Ecuador was not advised nor designed by public health officials taking into account a human rights framework, it was forcefully put in place by the threats and orders of the Ecuadorian president, thus diminishing the voice of feminists, women's rights groups or the legislative power (Arana, October, 2013). The case of Maria exposes the consequences of the current abortion provisions to one of the most vulnerable groups of the population: poor women who might not have access to health care (Ecuadorian Front for Sexual and Reproductive Rights 2015), who might have experienced sexual violence and who might not have the resources to take upon the responsibility of a child.

1 In Ecuador the minumun salary by law is USD 360, around R4000


Maria’s story raises various issues around the current abortion law in Ecuador. The first one is that it seems difficult for health professionals to judge whether or not the abortion was spontaneous or induced (Human Rights Watch, 2013). The second issue is that health practitioners are breaching their professional confidentiality (Klasing, 2013 . The third issue is that Maria was taken away from the hospital without completing her medical treatment and the final issue is the court decision to imprison Maria by using only the police report as evidence. In light of these issues, we can clearly see how the criminalization of abortion as stipulated in the current penal code affect both the health and civil rights of women.

USING AN ANALYSIS TOOL TO ASSESS THE PUBLIC HEALTH AND HUMAN RIGHTS IMPACT OF ABORTION LAWS IN ECUADOR: Using the framework of the International Federation of Red Cross and Red Crescent Societies and the François-Xavier Bagnoud Centre for Health and Human Rights, “The Public Health - Human Rights Dialogue” (Maan et al. 1999)

Ecuador signed and ratified Human Right conventions related to women:• International Covenant of Civil and Political Rights (ICCPR)• International Covenant of Socio Economic and Cultural Rights (ICSECR)• Convention on the Elimination of all forms Discrimination Against Women (CEDAW)• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (CDTP)• Convention on the Rights of the Child (CRC)• American Convention of Human Right (IACHR)• American Convention of Socio Economic and Political Rights• American Convention on the Prevention, Punishment and Eradication of Violence

Against Women.

What is the public health problem?

The objective of the penalization of abortion in Ecuador seeks to decrease the number of abortions as well as to protect the health and life of the foetus (Cardenas, 2009). The Ecuadorian government states that abortion is illegal and that reproductive and sexual education as well as the delivery of emergency contraception would help decrease the burden of the abortion law (Cardenas, 2009).Yet, the present penal code penalizes abortion in the case of rape, which raises larger issues related to sexual violence, maternal morbidity and mortality, lack of representative demographics and a high cost to the public health system. On a different note, the penal code provides protective measures for women who are forcefully put into an abortion, or who died in the hands of illegal providers.

Feasibility: The feasibility of the law from a public health perspective needs to take into consideration the costs as well as the likelihood that the law decreases the number of abortions in the country. According to global studies on the cost of criminalization of abortion, the emergency care required by post-abortion complications due to unsafe abortions raises the costs of public health

http://www1.umn.edu/humanrts/instree/h2catoc.htm

http://www1.umn.edu/humanrts/instree/h2catoc.htm


services. It is estimated that in Latin American in 2013 the cost per treatment was USD126 per patient vs. USD 23 that costs to treat abortions legally through the health system (Human Rights Watch, 2013). It is argued that this cost could be lowered if abortion was decriminalized; in a study that compared health system burdens between countries in Africa and Latin America it was found that the costs from post-abortion treatment puts an extra burden of 490 million dollars per year (Vlassof et al., 2009). It has also been argued that the costs of post-abortion treatment put a burden on women because they need to spend extra money in transport and many times have to leave work due to abortion complications that need hospitalization (World Health Organization, 2012). Economically speaking, criminalizing abortion increases the costs for the health system and the individual.

Impacts to Public health assessing harms and benefits: Sexual violence

In one of the hospitals of Ecuador a doctor tells the story of a little girl who had been in the hospital three times in the year with complications from abortion practices. The doctor does know that the abortions could only be the result of sexual violence yet because of the present laws she fears that denouncing the case under sexual violence would have legal consequences for herself and the little girl (Human Rights Watch, 2013).

This story sheds light on a major public health issue related to the consequences of the illegality of abortion in the case of rape. Health professionals who adhere to keep patient confidentiality must silence deeper issues such as violence if they want to protect the patients and themselves. This is particularly problematic given that official government numbers suggest that 1 out 4 women in Ecuador experience some form of sexual violence (The Ecuadorian Front for Sexual and Reproductive Rights, 2015; INEC 2011). Health professionals have mentioned that sometimes women or girls who would seek post-abortion services would disclose their pregnancy as result of rape and due to the illegality of abortion many health practitioners keep quiet to protect their patients (Human Rights Watch, 2013). This is troublesome given that women or girls who have suffered from rape are two times more likely to seek abortion (World Health Organization, 2013). The issue with underreported sexual violence is a public health issue closely linked with abortion laws because it means that women or girls who suffer from sexual crimes don’t have access to the right support by psychologists, social workers and health services such as abortion and post-abortion treatments.

Maternal deaths

In 2007 a 24-year-old woman was admitted in a hospital in Quito due to abortion complications. She had a uterine perforation that resulted in internal bleeding which lead to her death. Health practitioners at the hospital did not get to hear what happened to this woman (Human Rights Watch, 2013).

In Ecuador as well as many other countries where abortion is illegal it ’s difficult to know whether an abortion had resulted in death due to its illegality. Most hospitals change the terminology under which they report deaths due to the sensitivity of the issue (Åhman & Iqbal, 2008; Human Rights Watch, 2013). The example presented of the 24-year-old girl clearly demonstrates that many women die from abortion complications and health practitioners wouldn’t ever be able to hear their stories or clearly define if their death were caused by unsafe abortion. In an analysis of the maternal death rates in hospitals, at least 15 of those deaths in 2013 were due to abortion related issues (Human Rights Watch, 2015). This is a high number given that in that same year in Ecuador the maternal death rate was 47.5 for every 100.000 live births (The Ecuadorian Front for Sexual and Reproductive Rights, 2015). Yet the number of women dying due to unsafe abortion could be higher given that most health professionals categorize these deaths under sepsis, hemorrhages and other complications (INEC, 2013). Even though there are not official numbers for maternal deaths caused by abortion, the existing data does show that strict abortion laws pushes women to deadly situations. This corroborates


UNICEF’s data which states that in Latin America, at least 12% of maternal deaths are due to complications of unsafe abortions (Unicef, 2009).

Maternal MorbidityA woman from the town Latacunga in Ecuador became pregnant from her abusive partner who did not consented on the use of family planning methods. She went to a private clinic to request an abortion and she was told that it was illegal but that after giving birth she should come back for family planning services. Regardless this advice the woman found a clandestine clinic in a nearby city and underwent an abortion. Several months later the woman fell pregnant again but this time she climbed up a tall tree and jumped off hoping to end her pregnancy. She was unsuccessful and was taken to the local hospital where they performed X-rays which did made possible for her to get an abortion, yet the woman’s injuries affected her spine and now she is disabled (Human Rights Watch, 2013).

Injuries caused by unsafe abortions are quite high in Ecuador, even if statistics do not label them as such. In 2013 government data found that abortion was the second leading cause of morbidity in women with around 17,000 reported cases. Most of the time and as presented in the example above, maternal morbidity caused by unsafe abortion leads to disability or physical harm (Centro de Derechos Reproductivos, 2010). Yet, these numbers could be higher since most health professionals are wary of categorizing unsafe abortions as such because they fear to be prosecuted by the law (Human Rights Watch, 2013). Maternal morbidity also affects girls and adolescents and according to official numbers in 2011, hospitals reported 286 cases of morbidity in girls between 10 to 14 years old. This number is very large and also of big preoccupation given that in Ecuador any sexual act had before the age of 14 years is considered non-consented sex or rape. According to the WHO, adolescents and girls are more likely to seek unsafe abortions than older women (WHO, 2012). Therefore, in Ecuador illegal abortion has consequencesnot only on women but also for girls and adolescents.

Lack of actual numbers on unsafe abortions

In an interview with health practitioners, Human Rights Watch found that women who seek abortion are most of the time turned away by health practitioners, which makes it difficult for public health statistics to actually record the number of maternal deaths or the number of abortions in the country accurately (Human Rights Watch, 2013). Many cases of unsafe abortion are disguised under different levels that allow health professionals to protect their patient’s confidentiality and judicial safety. Yet, without accurate numbers it is difficult to expose the problematic and consequences related to abortion laws.

Protecting the life of the mother

The public health implications of allowing abortion when the life of the mother is in danger are a big step towards the improvement of women’s lives. This provision can result in the decrease of maternal deaths by making sure that the life of the mother is protected. Yet there a not numbers to correlate the two of them.

Is the law justified?No. Given the public health evidence shown, there are more burdens to the public health system than benefits. Studies have shown that the penalization of abortion does not reduce abortion seeking behavior, in fact it forces women to seek clandestine care or self-inflicted mechanisms, which put their life in danger (Center for Reproductive Rights, 2010). Throughout this analysis it was found that unsafe abortion actually increases numbers of morbidity and mortality rates and it instigates sexual violence by not providing mechanisms that allow health professionals to support their patients. In terms of fulfilling the main objective of anti-abortion laws decreasing the number of illegal abortions and the protection of the life of the foetus it has been argued that women who want to terminate their pregnancy are more likely to seek unsafe abortions regardless the provision.


Is it sustainable?In order for the law to be sustainable it should show that there are lasting health benefits to the population. Thus in the case of anti-abortion laws, it has been demonstrated through epidemiological data tha the law might influence mortality rates but that also generates burdens to the general state of women’s well being. Unsafe abortions might reduce the ability of women to work due to hospitalizations which is a burden for family economy and it can generate long lasting problems such as infertility or disabilities (World Health Organization, 2012). Thus the law is neither sustainable nor effective on its aim of reducing abortion and maternal death rates.

The human rights implication:Several international human rights instruments have called countries to reconsider abortion laws. Instruments such as the CEDAW, CCPR, CRC and the CCSCR have in different general recommendations mentioned the importance for countries to provide unrestrictive reproductive health services. According to the special report on torture and other cruel, inhumane or degrading treatment or punishment from the Committee on Civil and Political Rights the act of denying women with access to reproductive health services can create lasting emotional and physical suffering inflicted in the bases of harm (Méndez, 2006). In that sense the absence of laws that allow women access to safe abortions can be understood as a form of torture based on gender, which goes against many of the subscribed human rights.

Positive Right Negative Rights

• Right to life of the fetus• Protect the right of mentally disable women

to a life without violence• Protect the life of expectant mother in case

of emergency• Prosecute unsafe abortion practices

• Right to life• of the woman or girl• Right to self-determination to decide on

their body and their reproductive lives• Right to privacy• Right to a life free of torture• Right to highest attainable standards of

health• Right to fair trial• Right to the enjoyment of scientific

progress• Right to equal treatment• Dual loyalty principles

Positive Rights Implications

Right to life of the foetus: One of the arguments used by pro-life movements is the idea that abortion infringes on the right to life of the foetus by using article 1 of the covenant on rights of the child where its stated that a child is anyone 18 years or younger. Due to the lack of specification on the limits of personhood, many pro-life activists advocate that under this provision the foetus needs to be considered a child whose life need to be protected (Irrazábal, 2011). Another human right instrument making use of the right of life from conception is article 4.1 of the American Convention of Human Rights. Under these grounds the Ecuadorian constitution also states that it’s the duty of the State to protect life from the moment of conception. In this regard, the Ecuadorian Penal code protects the life of the fetus by criminalizing abortion, which under the Ecuadorian constitution protects the right to life. Pro-life activists enforce these views.


Right of the person with disabilities: The Ecuadorian penal code provides the statute to protect women with intellectual disabilities who have been impregnated as a result of rape. In this sense the laws respect the right of freedom of torture or to cruel, inhuman or degrading treatment or punishment. The law also makes sure that people with disability have access to the highest attainable standards of health by providing safe legal abortions. Finally the law respects disabled women’s rights to life and dignity by allowing them to terminate a pregnancy that was a result of abuse in a protective environment.

Protect the life of expectant mother in case of emergency: The Ecuadorian penal code allows abortion when the life of the mother is in danger which respects women ’s right to access health facilities according to point 12.2 (a) of general comment 14 from the ICSECR, have access to emergency obstetrics interventions. In that sense the life of the woman is protected from poor treatment.

Prosecute unsafe abortion practices: Point 12 (d) of general comment 14 mentions that the importance of health care goods and services must be medically and scientifically appropriate and of good quality. Through the criminalization of abortion, the State have the legal mechanism to ensure that the person who performs an abortion under poor and unsafe clinics conditions be prosecuted. Thus protecting women’s rights to access the highest attainable standards of health.

Negative Right Implications:

Right to life: Several human rights frameworks mention the right to life as a fundamental and non-derogable right. The International Covenant on Civil and Political rights (ICCPR) on article 6 states that every human being has the inherent right to life. This provision under general comment 28 also adds that even though the right to life is inherent, States must undertake positive actions to increase life expectancy. It also states that governments should provide information on maternal and child deaths as well as developing mechanisms that can inform women to prevent unwanted pregnancies and in that way avoid life-threatening clandestine abortions. Similarly, the Convention on the Right of the Child in article 6 of its covenant states that the life of the child is an inherent right that must be protected. On another hand, the regional Inter American Covenant of Civil and Political Right also protects the right to life, whit the difference that this statute includes life from conception. This conflicts with other international instruments that have refused to include the right to life from conception due to the fact that the foetus does not yet have personhood and cannot exert its rights (Irrazábal, 2011). What is even more problematic is that due to this consideration, countries like Ecuador have included this statement in their constitution, through which they can push for the criminalization of abortion.

The Ecuadorian penal code conflicts with the inherent rights of women to life because it denies them the access to safe medical procedures that could assure their levels of survival. This provision is therefore very intrusive to basic human rights and in particular those of women. According to the Syracuse principles, breaching non-derogable rights can only be limited when all other instances have been exhausted and only for limited time. In the case of abortion laws in Ecuador, the right to life is permanently threatened unless new changes are done to the current law. Yet, it is important to mention that due to the presence of right to life from conception in the ACHR, there is conflict on whether the right to life from the mother is more or less important than the one of the unborn fetus.

Right to the highest attainable standards of health: Penalization of abortion causes women to seek clandestine and unsafe abortions, especially women who had been victims of sexual abuse (Centro de Derechos Reproductivos, 2010). According to general comment 14 of ICSECR, women have the right to quality, accessible, acceptable and availability health care


including sexual and reproductive services. If looking at issues of accessibility we can see that in Ecuador most women do not have access to abortion services that are acceptable and of high quality because most of the time they have to use clandestine and unsafe methods. What is even more worrisome is that in Ecuador abortion services are not even available for the vast majority of women. The general comment mentions that States should remove all barriers so that women can enjoy these services. Article 12 of the CEDAW states that women should have non-discriminatory access to health care services and also that these services include those of pregnancy, confinement and the post-natal period. In its general comment 24, the CEDAW mentions the importance for states to make sure that its policies and laws affecting women should be addressed from women’s needs, specifically those needs that pertain only to women.

In light of these provisions, the Ecuadorian penal code does not grant access to abortion services to all women, this is discriminatory and it does not provide abortion services, which limits women ability to enjoy access to quality health care services. Instead women are forced to seek clandestine clinics where there is not safety or quality care. The right to the highest attainable standards of health is a non-enforceable right and requires the progressive realization of the states to fulfill it and they must, as they are under the obligation to move towards the fulfillment of this right (Lutz & Sikkink, 2000). In that sense the Ecuadorian government does not have to immediately provide these rights but at least it should be leading laws towards addressing women’s health. Since the present abortion law were just passed two years ago, it seems very unlikely that this realization will happen any time soon.

Right to self-determination: According to article 16(1) of the CEDAW, women have the right to decide upon the number of children and the spacing between them and it ’s the states obligation to make available the necessary provision for these decisions to take place. The ICSECR in its general comment 14 also mentions that the right to health is directly lined with the individual’s ability to control their own health and body - this must also include those of sexual and reproductive nature. In that sense the laws that don ’t allow women to seek safe abortions restrict their right to self-determination to the extent that they are not capable of deciding upon their reproductive lives. Thus, by criminalizing abortion, women are forced to carry out unwanted pregnancies, which is particularly problematic when pregnancy is a result of sexual abuse.

Right to privacy: According to the Ecuadorian legal code in article 422 it’s the obligation of the health provider to disclose information regarding crimes in the health facility. This article plus the fear of being associated as co-author of the abortion, pushes health professionals to disclose information related to abortion. Article 12 (d) of general recommendation 24 from the CEDAW states that the disclosure of medical information can affect women more than men because it deters women from seeking medical attention, especially those related to contraception. Thus, abortion laws in Ecuador threaten women’s rights to privacy and non-disclosure of information by allowing health practitioners to breach their professional confidentiality.

Right to freedom of torture: The Ecuadorian legal code does not allow abortion in the case of rape, and this can put women and girls under physical and emotional pain (Human Rights Watch, 2013). Article 7 of the covenant of civil and political states that no one should be treated to torture or to cruel, inhuman or degrading treatment or punishment. In a special report made by the same committee it was stated that countries forcing women to have children who have suffered rape breaches the right to a life free of torture or inhumane treatment, due to the double victimization of women. In that regard, the criminalization of abortion forces women to undergo unwanted pregnancies which in many cases would leave life long harm.


Right to a fair trail: It is difficult for a health practitioner to denounce a self-induced abortion because they have not physically observed women or have not performed the procedure themselves. This makes it difficult when judging women who have committed illegal abortions. In 2013, there were six women being prosecuted in courts in Ecuador for abortion in some of this cases health practitioners reported the case to the police, who subsequently arrested women and charged them on abortion without the right legal procedures. Article 14 (2) of the covenant on civil and political rights states that everyone has the right to a fair hearing and everyone has the right to be innocent until found guilty by law. In that sense the criminalization of abortion can lead to unfair trials and accusatory statements against women before a fair hearing.

Right to the enjoyment of scientific progress: Scientific progress can be linked to the access to medical technologies of drugs for the improvement to reproductive and sexual rights (Lutz & Sikkink, 2000). In the case of abortion in Ecuador, the availability of misprostrol a drug used currently for stomach ulcer has been recognized by the WHO and Pan-American Health Organization as safe and unobtrusive methods for abortions (Human Rights Watch, 2013). Around 82% of unwanted pregnancies are due to the lack of modern contraceptives or reproductive and sexual education (Åhman & Iqbal, 2008). The penalization of abortion means that many girls and women cannot access this drug legally. This breaches articles 15(1) from the ICCECR and 14 from the ACHR, who state that everyone has the right to enjoy from scientific progress.

Right to equal treatment and non-discrimination: Since the early 1990’s, multiple human right instruments have included in their covenants the importance of generating equality between women and men by not negating women's health services that are relevant to their well-being such as family planning, reproductive education and safe and legal abortions. The penalization of abortion means that the government is not generating the necessary instrument to make sure that women are not discriminated in the access to health care services, and while not providing legislation that protect abortion in the case of rape, government is not providing the same opportunities to women regardless their mental status to access abortion. The law is also discriminatory against people with disabilities because by allowing abortion only in the case of rape of women with mental disabilities they are stating that this group of women is less fit to be mothers than women without disabilities. Thus the provision of penalizing abortion is both discriminatory and does not build on equality as stated by the covenants of the CEDAW, ACHR, CHR, CRPD and CHR.

Information: General comment 4 of the Covenant on the Rights of the Child states that countries are under obligation to provide teenager girls with the right information regarding reproductive services. Similarly, the Ecuadorian constitution in article 72 states that women should have the right to make informed decisions, including decisions that pertain to their reproductivity. Women who are being forced to commit unsafe abortions due to the criminalization of abortion are forced to make unformed decisions and are unsupported by the health care system.

Dual loyalty principles: The human right consequences of abortion do not only apply to women but also to health professionals. According to article 20 of the Ecuadorian Constitution, the government will provide all the mechanisms for professional silence yet in the Ecuadorian Penal code under article 422, health professionals are obliged to denounce cases of crime. In that sense health professionals are put under a difficult position where they have to weigh whether to be loyal to their patients or to the State. In most cases it has been demonstrated that health professionals chose not to disclose patients abortions to protect themselves and the patient but there are also cases where health professionals denounce women who go to hospitals in search of post-abortion treatment.


Is the law justified?

According to the Syracuse principles government should not infringe on the non-derogable rights such as those of life, freedom of torture, cruel or inhumane or degrading treatment. The Ecuadorian law on abortion has major impacts on women who might need to access abortion health care services or pushes them away from seeking emergency post-abortion treatment due to the risk of being prosecuted. This issue puts women’s lives in very dangerous positions, which can result in their death. Even though the right does not explicitly deter women’s right to life it generates structural forces that pushes them to seek life threatening health services. In that sense the law is under-inclusive and affects non-derogable rights of women who might be in vulnerable situations due to sexual abuse and violence. In that sense the law is not justified because it breaches non-derogable rights and does not provide alternative exits for women who seek abortions. The rights infringements are long-term due to the difficulty of changing penal codes in Ecuador.

How does the policy address both public health and human rights concerns?

Abortion laws in Ecuador affect all women who find themselves in the position of having to cope with an unwanted pregnancy. It particularly affects women who have been victims of rape and sexual violence, and who might not want to continue with a pregnancy that puts them in the compromising space of coping with motherhood and the emotional and psychological trauma of sexual violence (Human Rights Watch, 2013). In that sense the law is under inclusive because it only takes into account specific cases for abortion. Even though the law potentially discriminates against all women, it particularly affects poor women (Åhman & Iqbal, 2008). It has been found that women from higher socio-economic backgrounds are able to access safe abortions through contacts or by travelling to countries where abortion is legal. Poor women on the other hand tend to be marginalized and forced to seek any available method to end their pregnancy, or don’t have enough tools to defend themselves in case of legal prosecution (The Ecuadorian Front for Sexual and Reproductive Rights, 2015). Thus the penalization of abortion in Ecuador causes discrimination, deprives women from accessing the highest standards of health and puts them in situation of torture or inhumane treatment.

According to UNICEF’s report in 2009, in Latin America maternal deaths due to abortion related complications represented 12% of total deaths in the region and 21% were listed as other causes. Given the illegality and lack of formal records on the number of abortion, the 12% could be much higher. Latin America in comparison to regions like Africa and Asia (where many countries have de-penalized abortion in case of rape) has a higher percentage of maternal deaths due to abortion (Ford & Galatisida, October 2014). These numbers are particularly important when trying to assess the consequences of the penal code in relation to abortion in case of rape because provide significant epidemiological evidence on the public health implications of the law.

According to the assessment of whether or not the present law allows for good public health practice, it is clear that the penalization of abortion causes issues regarding maternal deaths, maternal morbidity, and sexual violence. Yet these health issues are also tightly connected to human rights issues. Maternal deaths compromise the right to life, issues with morbidity compromise right to access to quality health care, issues with sexual abuse raise issues with rights against torture and in-humane treatment.

It can also be argued that the Ecuadorian law on abortion does address both issues of human rights and public health. The fact that abortion is allowed to save a woman ’s life demonstrates that it’s not denying emergency medical attention and respecting women rights to life. The right to life is an inherent right which cannot be taken away from people under any


circumstance. The issue with not providing abortion health services falls under the category of general comment 14 of the covenant in socio economic and cultural rights where it is stated that countries should provide services through progressive realization. Thus, providing abortion services might not be a priority for the government and by allowing abortion on the grounds of the life of the mother and in the case of rape of a woman with mental disabilities it starts working towards its realization. Yet the fact that this law has not changed since 1938 demonstrate that the Ecuadorian Government is for now, not interested in changing the law. Therefore the existing law on abortion does not completely address concerns to public health and human rights.

How can we achieve the best possible balance between public health and human rights?

The present law does not present a balanced synergy between public health and human rights. It is under inclusive of women. The Ecuadorian Penal Code was reformed in 2013 and it is very unlikely that new changes would be included, and given the influence of the presidential voice in the National Assembly it will be difficult to think of new inclusions in the new penal code. Thus, the burdens on human rights and public health might be prolonged until new revisions take place.

In March 2015, the CEDAW presented recommendations to Ecuador in matters relating to abortion legislation and stated that Ecuador needs to ensure professional confidentiality by providing health practitioners with basic human rights training; it also advices government to consider decriminalizing abortion in cases of rape, incest and fetal impairment. Finally it recommends that Ecuador enable the services of therapeutic abortion in hospitals by training health professionals in this matter.

According to these recommendations, the Ecuadorian penal code should allow for broader inclusion criteria on the access to abortion. Thus, by including rape, incest and fetal impediment the law would be embracing the needs of vulnerable women. In that regard, the rights to life, the access to quality health care services, the rights to non-discrimination and right to a life without torture or inhumane treatment would be respected for this group of the population. The law would still not include all women but it will still maintain its objective, which is to protect life from conception.

Yet, in order for these procedures to take place it is necessary that the law is revised and changed according to the burgeoning human rights and public health needs of women. It might also be necessary for government to close legislation gaps with respect to professional confidentiality, in order to assure that women who seek emergency care can freely access these services. The government should take the matter to a national vote, letting people decide if they think abortion should be allowed in the three respects recommended by the CEDAW. According to national surveys, 65% of Ecuadorians agree that abortion should be decriminalized in the case of rape.

Is it still the best solution?

The alternative provided by CEDAW might mean that more women who have suffered from rape can make informed and safe decisions upon their bodies, yet the law would still leave behind the voices of the rest of women who might be in the position of having to decide upon an abortion. The optimal option should be for the penal code to allow abortion in all cases and


enforce better access to sexual education so that abortion does not become a family planning mechanism.

CONCLUSION

The criminalization of abortion as its stated in the Ecuadorian penal code generates conflicts between public health and human rights. In comparison to other Latin American countries, Ecuadorian laws on abortion are more permissive and inclusive that other countries where abortion is illegal under all grounds. In Ecuador, a woman can have an abortion if her life is in danger and in case of rape of a woman with mental disabilities. These two considerations pose positive advances in the progressive realization to the rights of women to access inclusive, non-discriminatory and quality health care. In terms of human rights, it provides women emergency abortion when their lives are in danger, which protects their rights to life. The Ecuadorian constitution stipulates that the State has the obligation to protect life from conception, which makes the current abortion law sound and coherent to what the constitution says. Yet there are also weaknesses with the law as it’s stated in the sense that it does not take into consideration various issues related to women’s health and human rights and is under inclusive because it only benefits certain groups of women. The law limits the access to abortion services, which pushes women to seek unsafe and clandestine alternatives. The law states that the person who performs the abortion has to be prosecuted but because abortion is illegal it might make it difficult for government to regulate and prosecute those in charge. This law also puts women in vulnerable situations due to the prosecution side tending to affect woman who had made a decision and not those who have performed abortion in unsafe and illegal manners.

In conclusion, the law does not represent good public health and does not protect human rights. The Ecuadorian abortion law impacts the decisions and rights of the most vulnerable women in the population; it denies the opportunity for progressive realization toward protect ing women’s physical and mental health, according to general comment 14 and; it directly violate s their inherent right to life.

RECOMMENDATIONS AND FINAL THOUGHTS

Throughout this assessment of abortion laws in Ecuador, I encountered a different perspective on this issue. I have found that anyone can make a good argument pro or against abortion depending on which side of the spectrum you locate yourself. Abortion in Latin America is a very polemic issue because it brings up many different perspectives and notions of what is, ‘a right’. Many of the decisions around reproductive and sexual rights are based on the voice of morality from a catholic church that has its hands in the politics of almost every Latin American country (Morgan, 2014). In Ecuador, the abortion laws remained unchanged in 2013 due to the moral views of President Correa, who considers himself a fervent Catholic. In his discourse he mentions that he represents the voice of the Ecuadorian predominant Catholic population and yet in national polls it was demonstrated that 65% of Ecuadorians agree abortion should be decriminalized in all instances of rape.

Another instance under which President Correa has used his catholic morals to make decisions on women rights was by dissolving the ENIPLA (National Strategy for family planning and the prevention of teenage pregnancies) and replacing it by Plan Familia (Ecuadorian Family Plan), thus shifting the aim from providing contraceptives, medical support, and an education based on gender principles to one where family values and abstinence are the basis for the control of sexual and reproductive education. In that sense it is visible how a conservative catholic undertone is pushed through government programs that are aimed at improving women’s lives. In his discourse Correa said that ENIPLA was promoting hedonistic


principles that were teaching a disproportionate focus on sexual pleasure (Plan V, February 2015). These statements are particularly problematic given that Ecuador is a secular country since 1906, and can be seen as backward steps towards the full realization of women ’s sexual and reproductive rights. Correa’s actions only highlight the growing influence of Catholic morals on political issues in Ecuador.

The increasing use of the human rights discourse around the world as the framework to lead constitutions, laws and policies has taken some power away from the Catholic Church’s moral approach, and it is argued that this is one of the reasons why the church has taken over a distorted concept of human rights to advocate for their moral positions (Irrazábal, 2011). It is easy nowadays to find epidemiological research, human right analysis that serve as evidence to back up a pro-life discourse (Morgan, 2014). This is increasingly challenging because it means that the human rights discourse can be easily re-directed against women’s rights. Yet, at the same time this is result of an ambiguous language used by human rights instruments, which allows for multiple interpretations that can completely take away the core element of their discourse, which is to protect the life and dignity of individuals.

Uruguayan ex-president Pepe Mujica stated: “I don’t agree with abortion and yet it is a social issue that needs to be addressed. As a leader I cannot leave women in vulnerable and dangerous position and it is my responsibility to make sure that women’s decisions are made in a safe and supportive environment.” In his words there are two important elements: one is that governments are in the obligation to provide safe and sound public health services for women who choose to terminate a pregnancy. The other element is the obligation of the State to promote human rights such as those of life, self-determination and non-discrimination. Mujica, points the importance of taking the best decision based on the needs of people. In based on the arguments presented along this analysis there are four recommendations to provide to the current abortion law.

“Sexual Education to decide, contraceptives to stop abortion and safe abortion to stop deaths” – Collective of women’s rights: Salud Mujeres

1. - A basic element of a new penal code should be backed up by a rounded program on sexual and reproductive education free from religious morals. According to the CEDAW, its recommendation on decriminalization of abortion is not intended to see abortion as a method of family planning. Sexual and reproductive education should strengthen the support to women and girls so they can make informed and independent decisions upon their bodies (Grodin et al, 2013, p.410). In countries like Chile where abortion is illegal under all circumstances and where levels of maternal deaths are as low as those of Canada and the United States, studies have found that education is an important element influencing this trend (El Universo, November 2013).

2. - Access to contraceptives: Provide affordable and accessible contraceptives so that women can prevent unwanted pregnancies

3. – Decriminalization of abortion in the penal code would assure that women who are in vulnerable situations could make decisions supported on high standard of health care. The decriminalization of abortion needs to be supported through an intersectional dialogue between education, public health and human right framework.

The Ecuadorian Penal Code should focus its attention at the prosecution of illegal clinics and individuals who provide unsafe and dangerous abortions to women rather than women who might be victims of abuses.


The Ecuadorian Penal Code should not push health professionals to denounce women in situation of vulnerability, and its important that health professionals get trained on human right frameworks as a base for their professional code.

The decriminalization of abortion would mean that all women are treated equally by having the same rights to access health care services.

The Ecuadorian Penal Code should be providing explicit protection to women who have suffered rape.

4. The Human Right treaties that protect women’s reproductive and sexual rights should generate enforcing mechanisms that push countries like Ecuador to attend the needs of women accordingly.


REFERENCES

Åhman, E., & Iqbal, S. (2008). Unsafe abortion: Global and regional estimates of the incidence of unsafe abortion and associated mortality in 2008. WHO.

Arana Silvia (2013, October 13). Legalización del Aborto: Un compromise con la vida. La línea de fuego. Retrived from: http://lalineadefuego.info/2013/10/14/legalizacion-del-aborto-un-compromiso-con-la-vida-por-silvia-arana/ (01/05/2015)

Banning emergency contraception in Latin America: Constitutional courts granting an absolute right to life to the zygote,” Houmbolt American Comparative Law Review 6 (December 2009), p. 359

Calderon J. (2015, February 23) Ecuador: las mujeres perseguidas por aborto. Plan V. Retrieved from: http://www.planv.com.ec/historias/sociedad/ecuador-mujeres-perseguidas-aborto (01/03/2015)

Cardenas M. “Banning emergency contraception in Latin America: Constitutional courts granting an absolute right to life to the zygote,” Houmbolt American Comparative Law Review 6 (December 2009), p. 359. Retreived from: http://haclr.org/index_archivos/Page359.htm. (08/06/2015)

Center for Reproductive Rights. (2010). In Harm’s Way: The Impact of Kenya’S Restrictive Abortion Law.

Centro de Derechos Reproductivos. (2010). Aborto y Derechos Humanos. Centro de Derechos Reproductivos.

Ford L. & Galatsidas A. (2014, October 1). Abortion rights around the world – interactive, The Guardian. Retrieved from: http://www.theguardian.com/global-development/ng-interactive/2014/oct/01/-sp-abortion-rights-around-world-interactive (06/05/2015)

Ford L. & Galatsidas A. (2014, October 1). Abortion rights around the world – interactive, The Guardian. Retrieved from: http://www.theguardian.com/global-development/ng-interactive/2014/oct/01/-sp-abortion-rights-around-world-interactive (06/05/2015)

Grodin, M.; Tarantola, D.; Annas, G.; Gruskin, S. (2013). "Health and Human Rights in a Changing World' (textbook), Routledge.

Human Rights Watch. (2013). Rape victims as criminals: Ilegal abortion after rape in Ecuador.

Human Rights Watch. (2015). Submission on the combined eighth and ninth periodic report of Ecuador to the United Nations Committee on the Elimination of Discrimination against Women February 19, 2015.

INEC (2011). Encuesta Nacional sobre Relaciones Familiares y Violencia de Género contra las Mujeres, 2011. Retrieved from: http://www.inec.gob.ec/sitio_violencia/presentacion.pdf. (01/05/2015)

INEC (2013). Anuario de Estadisticas Hospitalarias Egresos, 2013, p. 36, Retrieved from: http://www.ecuadorencifras.gob.ec/documentos/webinec/Estadisticas_Sociales/Camas_Egresos_Hospitalarios/Publicaciones- Cam_Egre_Host/Anuario_Camas_Egresos_Hospitalarios_2013..pdf (01/05/2015)

Irrazábal, G. (2011). La bioética como entrenamiento y facilitadora de la influencia de agentes cátolicos en el espacio píblico en Argentica. Revista Del Centro de Investigación. Universidad La Salle, 9(36), 5–23.

http://www.inec.gob.ec/sitio_violencia/presentacion.pdf

http://www.theguardian.com/global-development/ng-interactive/2014/oct/01/-sp-abortion-rights-around-world-interactive




http://haclr.org/index_archivos/Page359.htm.%20

http://www.planv.com.ec/historias/sociedad/ecuador-mujeres-perseguidas-aborto

http://www.planv.com.ec/historias/sociedad/ecuador-mujeres-perseguidas-aborto


Klasing, A. (2013). Why is Ecuador Treating Rape Victims Like Criminals? Retrieved May 1, 2015, from http://www.hrw.org/news/2013/10/09/dispatches-why-ecuador-treating-rape-victims-criminals.

Lutz, E. L., & Sikkink, K. (2000). International Human Rights Law and Practice in Latin America. International Organization, 54(3), 633–659. doi:10.1162/002081800551235

Mann Jonathan, Gruskin S., Grodin M. & Annas G., 1999, Health and Human Rights, Routledge, New York

Magallanes R. (2006). Población penitenciaria extranjera en el ecuador y la legislación internacional de repatriación de personas sentenciadas colombianas a su país de origen. Retrieved from: http://repositorio.iaen.edu.ec/handle/24000/42 (01/05/2015).

Méndez, J. E. (2006). Report of the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment: Civil and Political Rights, Including the Questions of Torture and Detention: Addendum: Summary of information, including individual cases, transmit.

Morgan L. (2015). Reproductive Rights or Reproductive Justice? Lessons from Argentina Health and Human Rights Journal, 17/1

Morgan, L. M. (2014). Claiming Rosa Parks: conservative Catholic bids for “rights” in contemporary Latin America. Culture, Health & Sexuality, 00(0), 1–15. doi:10.1080/13691058.2014.885086.

Narvaéz p. & Peralta a. (2010). Estudio comparativo de las aracterísticas del aborto entre mujeres adultas y adolescentes en el Hospital Vicente Corral Moscoso, Cuenca – Ecuador. 2008. Retrieved from: http://dspace.ucuenca.edu.ec/handle/123456789/3447 (access on 05/05/15).

Narvaéz p. & Peralta a. (2010). Estudio comparativo de las aracterísticas del aborto entre mujeres adultas y adolescentes en el Hospital Vicente Corral Moscoso, Cuenca – Ecuador. 2008. Retrieved from: http://dspace.ucuenca.edu.ec/handle/123456789/3447 (access on 05/05/2015).

Shelley A., Gaestel A., Bougher J., Ford L., Spera C. (2014, August 6). Abortion in Mexico: Catholics, the law and the right to choose. The Guardian. Retrieved: http://www.theguardian.com/global-development/video/2014/oct/01/abortion-mexico-catholics-law-right-choose-video (01/05/2015)

The Ecuadorian Front for Sexual and Reproductive Rights. (2015). Joint report before the Honorable Committee on the Elimination of Discrimination against Women to complement the Committee’s work by offering information for Ecuador’s review, that will take place on the 60th session, in February 2015.

Unicef. (2009). Estado mundial de la infancia 2009. Vlassof, M., Walker, D., Shearer, J., Newlands, D., & Singh, S. (2009). Estimates of

Health Care System Costs of Unsafe Abortion in Africa and Latin America. International Perspectives on Sexual and Reproductive Health, 35(3), 114–121. doi:3511409 [pii] 10.1363/ipsrh.35.114.09 [doi]

World Health Organization (2012). Adolescent pregnancy. Retrieved from http://www.who.int/mediacentre/factsheets/fs364/en/index.html (02/05/2015)

World Health Organization. (2012). Facts on Induced Abortion Worldwide. New York, 2003–2006.

World Health Organization. (2013). Global and regional estimates of violence against women: prevalence and health effects of intimate partner violence and non-partner sexual violence. 2013, 57.

http://www.who.int/mediacentre/factsheets/fs364/en/index.html

http://www.theguardian.com/global-development/video/2014/oct/01/abortion-mexico-catholics-law-right-choose-video

http://www.theguardian.com/global-development/video/2014/oct/01/abortion-mexico-catholics-law-right-choose-video

http://dspace.ucuenca.edu.ec/handle/123456789/3447

http://dspace.ucuenca.edu.ec/handle/123456789/3447

http://repositorio.iaen.edu.ec/handle/24000/42

http://www.hrw.org/news/2013/10/09/dispatches-why-ecuador-treating-rape-victims-criminals

http://www.hrw.org/news/2013/10/09/dispatches-why-ecuador-treating-rape-victims-criminals



APPENDIX 1 – ECUADORIAN PENAL CODE ON ABORTION

CODIGO PENAL ECUATORIANOCAPÍTULO IIDELITOS CONTRA LOS DERECHOS DELIBERTAD SECCIÓN IDelitos contra la inviolabilidad de la vida

Artículo 147.- Aborto con muerte.- Cuando los medios empleados con el fin de hacer abortar a una mujer causen la muerte de esta, la persona que los haya aplicado o indicado con dicho fin, será sancionada con pena privativa de libertad de siete a diez años, si la mujer ha consentido en el aborto; y, con pena privativa de libertad de trece a dieciséis años, si ella no lo ha consentido.

Artículo 148.- Aborto no consentido.- La persona que haga abortar a una mujer que no ha consentido en ello, será sancionada con pena privativa de libertad de cinco a siete años.Si los medios empleados no han tenido efecto, se sancionará como tentativa.

Artículo 149.- Aborto consentido.- La persona que haga abortar a una mujer que ha consentido en ello, será sancionada con pena privativa de libertad de uno a tres años.La mujer que cause su aborto o permita que otro se locause, será sancionada con pena privativa de libertad de seis meses a dos años.

Artículo 150.- Aborto no punible.- El aborto practicado por un médico u otro profesional de la salud capacitado, que cuente con el consentimiento de la mujer o de su cónyuge, pareja, familiares íntimos o su representante legal, cuando ella no se encuentre en posibilidad de prestarlo, no será punible en los siguientes casos:1. Si se ha practicado para evitar un peligro para la vida o salud de la mujer embarazada y si este peligro no puede ser evitado por otros medios.2. Si el embarazo es consecuencia de una violación en una mujer que padezca de

discapacidad mental.

ECUADORIAN LEGAL CODECHAPTER IICRIMES AGAINST FREEDOM RIGHTSSECTION ICrimes against the inviolable right to life

Article 147.- Abortion with death.- When the methods employed for a woman’s abortion result in her death, the person responsible shall be punished with imprisonment for seven to ten years - if the abortion was consented. If the abortion was not consented, it will be punished with imprisonment from thirteen to sixteen years.

Article 148.- Not consented abortion.- The person who performs an abortion on a woman without contentment, shall be punished with imprisonment for a term of five to seven years.If the methods employed weren’t sacksful, the person will be sanctioned with tentative murder.

Article 149.- Consented abortion.- The person who performs an abortion on a woman who has consented to it, shall be punished with imprisonment from one to three years.The women that self-performs an abortion or that allows another to perform it shall be punished with imprisonment for six months to two years.

Article 150.- Non-punishable abortion.- abortion carried out by a physician or another trained health professional, with the consent of the woman or her spouse, partner, family members or legal representative - when she is not able to do so- shall not be punished in the following cases:1. If it has been performed to avoid danger to the life or health of the pregnant woman and if this danger cannot be avoided by other means.2. If the pregnancy is the result of rape on a woman suffering from mental disabilities.

Documents

Human Rights Analysis of Ecuadorian Abortion Laws