«We Aim to Safeguard Women’s Rights Against Threats»: Proposed Reform to Elevate Abortion in Three Circumstances to Constitutional Status

Original article: «Queremos blindar los avances de los derechos para las mujeres ante las amenazas»: Presentan reforma para elevar aborto en 3 causales a rango constitucional

Socialist deputies Daniella Cicardini and Daniel Manouchehri, alongside government deputies Carolina Tello, Gael Yeomans, Consuelo Veloso, Emilia Schneider, and Daniel Melo, introduced a constitutional reform project aimed at enshrining the right to sexual and reproductive health in the Fundamental Charter. This initiative also seeks to constitutionally guarantee access to voluntary interruption of pregnancy in three specific circumstances, currently regulated by Law No. 21.030.

The proposal aims to provide a constitutional framework of protection that exceeds the current legal scope, aligning with Chile’s commitments in human rights and recommendations from international organizations such as the World Health Organization (WHO) and the Committee on Economic, Social and Cultural Rights (CESCR).

Regarding the initiative, elected deputy and senator from the Socialist Party, Daniella Cicardini, emphasized, «We are introducing this project because we want to safeguard the advancements of women’s rights against threats. Clearly, there is no possibility for us to go backward in our country and see a woman die in childbirth or force a girl to bear the child of her rapist. These achievements cost us dearly as women. This battle in Congress lasted years, faced many obstacles, but it was achieved.»

«Therefore, we believe that by establishing these rights in the Constitution, we will provide protection guarantees that surpass the tenure of any government. That is the objective behind introducing this project,» added Deputy Cicardini.

In a similar vein, FA deputy Carolina Tello stated, «We come to defend the freedom of women and the safety of many minors, who today can only access abortion healthcare under three specific circumstances in our country.»

«We find it very important that these three circumstances be established in Article 19 of our Constitution, as a new numeral, number 25, which we hope will establish a constitutional guarantee for the freedom, safety, health, and dignity of many women and girls in our country,» Tello further elaborated.

Deputy Gael Yeomans (FA) criticized that «unfortunately, yesterday’s Budget Law came with an indication approved in the Senate that jeopardizes the privacy of women who abort under the three circumstances. Such an indication in a budgetary provision obviously threatens the advancements and guarantees already established in the law.»

«Elevating this to constitutional status also allows us to provide greater protection for those women who wish to exercise what is already established by law but for some, seek to roll back on those rights,» Yeomans stated.

Lastly, PS Deputy Daniel Melo highlighted, «In the face of the far-right’s threats to roll back women’s sexual and reproductive rights, this project seeks to constitutionally safeguard abortion under three circumstances. In times when some seek to impose setbacks, we move forward with more justice, dignity, and freedom for all women in Chile.»

A Brief History

Since 2017, Chile legally recognizes three circumstances for pregnancy interruption: the woman’s vital risk, lethal fetal inviability, and pregnancies resulting from rape.

However, various studies and organizations have warned that access to these services remains unequal and is influenced by socioeconomic, geographical, and bureaucratic factors.

Reports from the Center for Human Rights of Diego Portales University indicate that criminalizing abortion disproportionately affects lower-income women, who face greater health risks when resorting to clandestine procedures and are more exposed to criminal prosecution.

Additionally, the WHO has emphasized that ensuring access to comprehensive sexual education, contraception, safe abortions, and timely care is key to preventing complications, injuries, and maternal mortality associated with abortion criminalization.

The proposal presented by the parliamentarians also aligns with the standards established by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by Chile, which explicitly recognizes the rights of women, girls, and adolescents to sexual and reproductive health services.

Moreover, the Committee on Economic, Social, and Cultural Rights (CESCR), in its General Comment No. 22, states that these rights are essential for women’s autonomy and gender equality.

Contents of the Reform

The project, which is set to begin its review in the Constitutional Committee of the Chamber of Deputies in the coming weeks, proposes to add a new numeral to Article 19 of the Constitution, establishing:

• The right to sexual and reproductive health, including the ability to freely and informedly decide about one’s body, sexuality, and contraceptive methods.
• Guaranteeing the right to terminate pregnancy in three circumstances: Vital risk to the woman; fetal inviability, incompatible with independent extrauterine life; pregnancy resulting from rape, with differentiated timelines for girls under 14 years old.
• The State’s duty to ensure safe, timely, and non-discriminatory access to these health services.

The Citizen