Abortion in Nicaragua
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Abortion is completely illegal in Nicaragua. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect. [1]
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[edit] Abortion law in Nicaragua
The law before November 2006 permitted therapeutic abortion in Nicaragua so long as the woman and three doctors consented to it. The definition of "therapeutic" is not specific but is commonly understood to apply to cases in which the pregnant woman's life is endangered. [2]
The current law holds that anyone who performs an abortion upon a woman without her permission is subject to a prison term of three to six years. If the woman consents, both she and the person who performed the abortion face a sentence of one to four years, and if she attempts a self-induced abortion, the term of imprisonment is one to two years. A person who performs, or attempts to perform, an abortion, and, as a result, causes injury to the pregnant woman will be jailed for four to 10 years, or six to 10 years if it causes her death. [2]
In October 2006, right before the general elections on November 5, 2006, the National Assembly of Nicaragua approved a bill further restricting abortion 52-0 (9 abstaining, 29 absent). The European Union and the United Nations had urged for the vote to be delayed until after the presidential elections. The new law outlawed abortion in all circumstances, making Nicaragua the fifth country in the world to do so, after Chile, El Salvador, Malta, and Vatican City. The Assembly rejected a proposal which would have increased the penalty for performing an illegal abortion to 10 to 30 years in prison. President Enrique Bolaños supported this measure, but signed the bill into law on November 17, 2006. Pro-choice groups in Nicaragua have criticized the change to the country's abortion law, and one, the Women's Autonomous Movement, were prepared to file an injunction to prevent it from being enacted. [3] [4] [5]
[edit] "Rosa"
One case of a termination which was permitted under the exception to Nicaragua's ban upon abortion was that of a nine-year-old girl, known to the media only as "Rosa," who was impregnated as the result of child sexual abuse in 2003.
The child's family, who were living in Costa Rica at the time, returned to Nicaragua after Costa Rican hospital officials had opposed their desire to end the girl's pregnancy. After the family successfully sought an abortion in a private clinic, the Health Minister of Nicaragua, Lucia Salvo, declared that the procedure had constituted a criminal act, and officials threatened to press charges against those involved. However, Attorney General, Maria del Carmen Solorzano, stated that the abortion had not violated the law, as it had been performed in the interest of preserving the life of the girl.
Rosa's case drew international attention and prompted intense debate about abortion law within Nicaragua. Archbishop Miguel Obando y Bravo of Managua said that the family and doctors involved in obtaining the abortion had excommunicated themselves from the Roman Catholic Church; bishops in Nicaragua also released an open letter which likened the termination of pregnancy to terrorist bombings. Others called for the country's laws to be liberalized. [6] [7]
[edit] See also
[edit] References
- ^ "Nicaraguan President Signs Abortion Ban". Retrieved on 2006-11-21.
- ^ a b United Nations Population Division. (2002). Abortion Policies: A Global Review. Retrieved July 14, 2006.
- ^ "Nicaragua votes to ban abortions." (October 26, 2006). BBC News. Retrieved October 29, 2006.
- ^ "Ban on abortion OKd as expected." (October 27, 2006). Los Angeles Times. Retrieved October 29, 2006.
- ^ "Nicaragua set to ban all abortions." (October 27, 2006). CBC News. Retrieved October 29, 2006.
- ^ Miles, Nick. "Abortion ruling splits Nicaragua." (March 4, 2003). BBC News. Retrieved October 29, 2006.
- ^ "Nicaragua Shaken By Child's Abortion." (March 23, 2003). CBS News. Retrieved October 29, 2006.
