As The United States Turns The Clock Back On Women’s Reproductive Rights, Latin American Countries Are Moving Them Forward

By Ty Ross

September 1, 2021 in the US will go down in the history of women’s health and reproductive rights. Unfortunately, the wrong side. As the GOP sponsored TX Bill SB 8 went into effect, it sparked outrage with women, companies and pro-choice advocates across the country and the world. But it wasn’t just the unconstitutionality of the state law restricting access to safe abortions, but the accompanying legislation allowing any citizen in the country to sue those they suspect, not know but suspect, of assisting in getting an abortion after the six-week threshold. From doctors to friends. Counselors, therapists, religious leaders, staff and receptionists. There doesn’t need to be any direct participation in the procedure itself, or intimate knowledge of the mother, only a word of advice, taxi trip or emotional support is enough to give someone the power to sue and potentially collect on a $10,000 bounty for doing so.

One would think with the increasing rates of maternal mortality across the country, a country still lacking an equitable and universal system of health care, that the focus would be on saving those lives by protecting Roe v. Wade. Ensuring victims of rape, incest and those whose life and health are in danger would be the priority. But unfortunately, it isn’t.

While far right religious groups continue to lobby for no less than a total abortion ban nationwide, other countries are putting the health and safety of women and children first. And leaving reproduction choices up to those who should be making the decision. Those adversely affected. The women. Countries considered to be very religious with almost all of them identifying as Catholic and aligning themselves with the views and canons of the Church.

Let’s take a look at how some Latin American countries are making strides to protect the reproductive rights, and ultimately overall health and lives by legalizing abortion.

MEXICO
Located on our southern border, Mexico isn’t what one would consider a liberal country. It is the second largest Catholic country in the world. With Brazil being number one. Over 75% of Mexico’s citizens consider themselves to be catholic, but the hold the church has had has been slowly but steadily declining over the decades. One catalyst being the scandals involving sexual abuse allegations against priests around the world and what many believe to have been both known by and covered up by the Church.

Even prior to this historic ruling, with Mexico City being the first state to decriminalize abortion in 2007, the country had already been showing signs of moving in the direction of increasing women’s rights.

Oaxaca, Hidalgo and most recently Veracruz, these four Mexican states were where a woman could legally seek an abortion without government or legal intervention or reprisal. But with a government that is made up of 50% women, the women’s rights movement has gained a speed and momentum that ultimately played a part in the unanimous decision by the Supreme Court to decriminalize abortion countrywide.

But of course, it was not an easily won fight. There will always be opposition when talking about abortion. Mexico’s National Action Party, the country’s conservative party, was fully opposed to the legalization of abortion. But what does separate them somewhat from the GOP party in the US, is that they advocated for providing better help and resources to Mexico’s pregnant women, as well as an overhaul to improve the country’s adoption system. They at least recognize the necessity of helping women and girls who find themselves in a vulnerable position. Something the conservatives in this country have ignored.

Before the 2021 ruling, Mexico was dealing with two crises. Teen pregnancy and illegal abortion. At least 1 million illegal abortions were performed in Mexico annually. Leading to a high maternal mortality rate coupled with high instances of unwanted and unplanned teen pregnancies. This proves two things: that banning abortions don’t stop them and refusal to teach sex education doesn’t mean teens will abstain from engaging in sex. But what it does prove is that banning abortion puts the life and health of those women and girls in danger. The criminalization of abortion is also a drain on resources as over 4600 women are under investigation in Mexico right now for getting an illegal abortion. Thankfully there are organizations working on behalf of those women, and others who have been jailed, to free them.

ARGENTINA
Less than a year ago, Argentina’s National Congress passed the Voluntary Interruption Bill. Despite a failed attempt in 2018, women’s rights advocates with the full support of President Alberto Fernandez, continued to push for legalization of abortion. Where Argentina succeeded was in messaging. Making the right to abortion not one about religion, or political party but one of health and poverty. Most importantly that of the women and the children involved.

Women’s rights group Ni Una Meno (Not One More) took to the streets in protest for greater protections for women against violence and in recent years has increased in both visibility and popularity as their message resonated with women throughout Latin America. Mobilizing women and adding the fight for legalization of abortion to combat both governmental and societal issues that have traditionally been patriarchal, suppressive, oppressive and violent to women. Disproportionately poor women. Those forced to carry and bear children to an already violent household. Women who out of desperation may seek illegal and ultimately unsafe abortions that could land them in the hospital or even worse.

Formerly available only to victims of rape, all women in Argentina now have the ability to request an abortion up to 14 weeks gestation. While the Catholic Church and anti-abortion groups are still trying to stifle access and circumvent the new law, this is still a huge win for the women of Argentina. With over 3000 deaths and almost 40,000 hospitalizations due to illegal abortions, the new law is most certainly going to save lives.

By recognizing that legalization alone does not address underlying issues, or help those carrying unplanned pregnancies to term, the Senate passed a partner bill to provide better attention and increased access for safe pre- and post-natal care for pregnant women and young mothers.

Argentina is hoping that by passing these bills, other countries across Latin America will be encouraged and motivated to do the same for their women. Not unlike what happened when Argentina legalized same sex marriage over a decade ago, and other countries in the region followed suit.

CHILE

Though currently only allowing abortions in the instances of rape, when the life of the mother is in jeopardy or non-viability of fetus if brought to turn (which over 70% of Chileans support), I have added Chile because they have been known to follow Argentina’s lead when it comes to expanding rights of both women and the LGBTQ+ communities. So although the numbers drop significantly from that 70% mark, to a little less than 50%, there are still many working hard to bring the legislation forward and hopefully see it passed.

CUBA
Prior to a law in 1965 that made abortion on demand both completely legal and free to all Cuban women, only the wealthy and those from the US were able to get it. Albeit for a hefty price from private physicians.

Former dictator Fidel Castro supported the full legalization of abortion, and in 1985 he went so far as to make it illegal to perform an abortion outside of a safe and approved medical facility, by unlicensed physicians and outlawed abortion for profit. Meaning all women would be allowed the same access and affordability to the procedure. All but guaranteeing a decline in the maternal mortality rate.

As stated by the President of the National Commission for Family Planning Dr. Sosa Marin:

Cuba accepts and supports since 1959, the sovereign right of women and their partners to freely decide their reproductive issues. The State guarantees, through our health system, the necessary attention before and after birth, in cases of infertility or when birth is not desired. In such cases, the State guarantees the right to decide, allowing recourse to contraceptives. Similarly, the right to abort is the right of women and their partners, and that is why they are offered this institutional service with a high level of medical safety.

Cuba is certainly no stranger to violations of the rights of its citizens. It has a long history of suppression and oppression of its people in many ways. Recognizing the positive affect, the legalization of abortion and the availability to contraceptives has had on the reproductive health of women and decrease in unwanted children, doesn’t take away from that. But there is still extreme poverty in Cuba, and giving women access to abortion and birth control mitigate the growth of a population still a long way from the type of human rights and equality that gives that child an environment to flourish in.

If Mexico, Argentina and Cuba are any indication of where the world is headed, that is inspiring for women all over the globe. All three countries are heavily Catholic with Mexico and Cuba having conservative leadership, they have recognized the necessity of the separation of church and state. That the lives and health of their citizens takes priority over their personal views. Mexico’s President Lopez Obrador has said publicly that his beliefs have no bearing on his governance. The separation of church and state is not just beneficial but secures that a society unencumbered by the ideologies of organized religion will continue to grow and evolve. It needs to be, not about suppression, but access.

The new law in TX has shined a worldwide spotlight on the abortion debate. It is imperative that we protect the autonomy of women and their reproductive rights It’s not just about a right to choose, but a right to live. The legalization of abortion in Mexico, Argentina, Cuba and future countries moving in that direction, is about more than women’s rights. But human rights in general. Protecting human rights is paramount to protecting human lives. Real living, breathing human lives.

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