Congress advances three bills that threaten therapeutic abortion

Congressmen from Renovación Popular and Fuerza Popular introduced bills that put the right to therapeutic abortion at risk. (Facebook)

Congressmen from People’s Renewal and People’s Power presented three accounts which endanger the right to therapeutic abortion. Legislative initiatives Rosengella BarbarianAlejandro Munante and Milagros Aguayo look for all this pregnancies conclude and ignore cases where pregnancy puts the physical and mental health of girls, teenagers and women.

When these situations arise, they must gain access to a therapeutic abortion, which in Peru it has been legal since 1924. However, simple 90 years later, the protocol for the implementation of this right was published. The document specifies that women who suffer from any of the 11 listed diseases can request a medical committee made up of specialists from a designated hospital for a safe termination of pregnancy.

The impairment of mental health addressed in paragraph eleven of the protocol also puts women’s lives at risk. The suicide is one of them and as such is the first cause of indirect maternal death in girls and adolescentsaccording to the Sexual and Reproductive Health Directorate of the Ministry of Health (minsa).

But the congressmen in their three bills ignore that there are women and minors who can die or be seriously affected by pregnancy. On the contrary, watch pregnancies end yes or yes and that their right to therapeutic abortion is not recognized.

On November 18, 2021, the first bill attacking the right to therapeutic abortion. It’s the initiative that “recognizes the rights of the conceived” proposed by the Popular Renewal congressman and evangelical pastor Miracles Aguayo.

Congressman Milagros Aguayo with people who oppose access to abortion.  (Facebook)
Congressman Milagros Aguayo with people who oppose access to abortion. (Facebook)

The document entered three days later in Committee on Justice and Human Rightswhere they have not yet put it on the agenda for discussion.

Through this bill, Aguayo wants amendment of Article 1 of the Civil Code so the Peruvian state ensures that those conceived develop unhindered in women’s wombs.

It doesn’t mention what would happen in the case of girls, adolescents and adults, rape victims. Nor does it make a section to ensure that it respects your right to a therapeutic abortion.

On the contrary, they seek to have their spouses, cohabitants or relatives decide what “medical actions” they will be executed if there is a danger to the life of “the mother and those conceived”.

The bill was introduced by People's Renewal congresswoman Milagros Aguayo.
The bill was introduced by People’s Renewal congresswoman Milagros Aguayo.

If the Aguayo initiative is approved as such, in Article 1 of the Civil Code will read the following:

“Human life begins at conception. The human person is a subject of law from his conception. The Peruvian state recognizes and guarantees respect for the dignity of the conceived, as well as their right to life, their own identity, mental and physical integrity, and their free intrauterine development.”

A) Yes, the parliamentarian wants pregnant women to have absolute rightswhich contradicts the decision of the Inter-American Court of Human Rights (Inter-American Court) in Artavio Murillo v. State of Costa Rica.

In its resolution, the Inter-American Court concluded that those conceived have the right to life in a “gradual and phased” manneras this cannot be a priority when a woman’s health or life is in danger.

Lawyer Amir Ortiz, director of the NGO “Equality Action”explained that the zygote or fetus has rights, but they are not equal to those of women who have an already fulfilled life.

“The Inter-American Court makes clear that in this weighing of rights between the mother and the zygote, the rights of the mother always prevail.” The rights of the zygote cannot be leveled. Their rights do not have the same value as the rights of the mother, who already has an independent life, with a history and a trajectory that needs to be protected,” he explained.

The judicial system and the Constitutional Court must respect the decision of the Inter-American Court, since the Peruvian state has signed the American Convention on Human Rights. However, Aguayo does not recognize the interpretation made by the international judicial body in his bill.

The People’s Renewal Congressman, Alexander Munante, He also introduced another bill that violates the right to therapeutic abortion. His initiative is titled “A bill promoting the creation of a National Observatory to monitor the overall health of the pregnant mother and the unborn child”. The proposal entered the health committee on July 11.

Congressman Alejandro Munyante with people who oppose abortion.  (Facebook)
Congressman Alejandro Munyante with people who oppose abortion. (Facebook)

With this legislative initiative, the MP seeks to investigate the most common causes of fetal death and recognizes abortion as one of them. guarantees that prevent this practice through public policies.

The purpose of the law is to “guarantee the state’s responsibility for constitutional and legal protection in favor of life and overall health of the pregnant mother and the unborn child“.

that is, he wants create public policies so that the fetus develops and is born yes or yes. In this way, cases of fetuses with congenital malformations or fetuses that may cause the death of girls who are not prepared for pregnancy are missed.

The World Health Organization warned that their chances of death increase up to 4 times if their pregnancy ends. They are also prone to malnutrition and giving birth to babies with birth defects.

A bill by Congressman Alejandro Muniente that seeks to ban therapeutic abortion.
A bill by Congressman Alejandro Muniente that seeks to ban therapeutic abortion.

parliamentarian does not mention in his bill what would happen if women had to consent to an abortion to save their lives. For example, if they suffer from diseases such as lupus, cancer, among other diseases described in the therapeutic abortion protocol.

Like Aguayo, he cited Article 1 of the Civil Code to ensure that the conceived have absolute rights and are “unborn children” and ignores what was allowed by the Inter-American Courta sentence to which the Peruvian state must adhere.

Attorney Ortiz commented that when the fetus or zygote is referred to as an “unborn child,” Congressman Munyante wants women to be seen as child killerswhen in reality this is not the case, as the termination of the pregnancy takes place when the thing conceived has not yet been born.

“When they call it an ‘unborn child’, what they want is to give the fetus an unjustified legal value, they want to treat it as a person when it is not yet. The aim is to prevent women, girls and adolescents to access their sexual and reproductive rights and the right to therapeutic abortion,” he added.

On March 24, 2022, Congresswoman from Fuerza Popular, Rosengella Barbarianalso proposed a bill referring to a fetus or zygote as an “unborn child.”

The initiative called “An Act to Promote the Protection of Pregnancy, the Surrogate Mother, the Unborn Child and Their Family Environment” It also seeks to terminate all pregnancies. There is no section in the replacement text that ensures that the right to therapeutic abortion will be respected for girls, adolescents and women who may die or have serious health problems due to pregnancy.

The opinion was approved in the Women and Family Committee of the Parliament was rejected in plenary and returned to the Health Committee for discussion in view of the technical opinions of the Ministry of Women and Vulnerable Groups, the Ministry of Health and the Ombudsman.

A bill that puts therapeutic abortion at risk, introduced by Fujimorista Rosangela Barbaran.
A bill that puts therapeutic abortion at risk, introduced by Fujimorista Rosangela Barbaran.


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