The Nonconformists: Uruguay Legalizes Abortion

Social policy never changes quietly. In the United States, it has been almost thirty years since Roe v. Wade legalized abortion for a woman in the first trimester of her pregnancy, and yet the country continues to vigorously argue over the issue today. Throughout the rest of the world, social policy issues are no simpler solve but they are slowly evolving. This past October, Uruguay became the second nation in Latin America to legalize abortion beyond cases of rape, incest, or danger to the mother’s health. The bill was harshly debated and secured only a narrow victory with a 17-14 vote in the thirty-one member Senate. Not surprisingly given its socially conservative, Catholic nature, much of the country has been against the bill, but it garnered support from the president, José Mujica, a doctor by training. The bill will be signed and put into law within the next few weeks.

The passage of the bill signals much more than just a legalization of abortion but rather a changing climate in Uruguayan politics. In recent decades, Uruguay has become a trailblazer in social policy. For example, in 2009, it became the first Latin American country to allow same-sex couples to marry. Today, the government is talking about the possibility of legalizing marijuana, mainly in response to an unsustainable drug war. Despite all obstacles, Uruguay has consistently taken the first steps away from the strong influence of the Catholic Church on government policy.

For the rest of Latin America, the passage of the bill has revived the debate over abortion. A majority of countries have strict bans on abortions in all circumstances, thanks to the influence of the Catholic Church and the growth of evangelism. Other than Uruguay, the only areas that have legalized abortion are Guyana, Cuba, and Mexico City. Some countries, such as Colombia, have begun to follow Uruguay’s lead by recently allowing abortions in cases of rape, incest, or danger to the mother’s life rather than a complete ban. For many, however, changes have not been as smooth. Brazil, the largest country in the area, continues to ban abortion. In Argentina, change has also been difficult. The Argentinian Senate had passed a bill allowing an abortion within the first twelve weeks of pregnancy and for girls under fourteen to obtain an abortion without parental consent. Unfortunately, the bill was vetoed. Earlier in the year, the country did make some progress by finally ruling that a woman could not be persecuted for an abortion after being raped.

Despite all the hope that the passage of the bill in Uruguay brings, it still leaves many restrictions on the lives of women. Under the bill, women have to explain their choice of abortion to a panel consisting of a gynecologist, a psychologist, and a social worker. The panel then has to inform the women of the health risks and explain the alternative options. Following the panel discussion, there is a required five-day waiting period before any further decisions can be made. Although the bill is a large step for the country, there is still a lot of fine print and unfortunately, women can still face jail time for breaking any of the rules. Consequently, the bill has become more of a decriminalization of abortion rather than a complete legalization that many had hoped for.

If history is any guide, no social issue will be decided with one simple law. Even with the passage of the bill, opponents are advocating a referendum that would allow the people to vote the bill down if they so choose. Regardless of objections to the bill, the step that Uruguay is taking is a monumental one for women across Latin America. Historically, women in many Latin Americans countries have had to deal with much discrimination. Domestic violence against women continues to remain a significant problem. Despite the hardships these women have experienced, the bill is a symbol of the movement forward through much of the area. Today, women in Latin America are a larger percent of the workforce, have the right to divorce, and are gaining power within their households.

There is no doubt that the path to decriminalizing abortion has been strenuous. The dominance of the Catholic Church has led many to take any action necessary to ensure that it is never legalized. On the other hand, pro-choice advocates are still unhappy that the bill does not open up more doors for women. As María Elena Laurnaga, a Uruguayan legislator who has been a strong proponent of the bill stated, “We accomplished what was possible…[The legislators created] the conditions for all women to exercise their right to a safe abortion.”