QCOSTARICA — The Government of Rodrigo Chaves announced on Wednesday that it will present to the Legislative Assembly a bill to toughen the penalties for abortion, punishing women who perform it as well as those who agree to perform it, while President Chaves suggested that unwanted babies be sent to the National Children’s Welfare (Patronato Nacional de la Infancia – PANI) rather than aborting.
The Minister of the Presidency, Laura Fernández, explained: “In Costa Rica, the right to life is the fundamental pillar that supports all human rights. Unborn children are the most vulnerable of all Costa Ricans and it cannot be that the people who are killing them have such ridiculous sentences of six months in prison.”
The minister added that her office has reviewed the sentences for those who kill the unborn, that is, the most defenseless.
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She added that an initiative called “Law for the hardening of penalties for abortion in defense of the right to life of unborn children” would be sent immediately to the Legislative Assembly to be convened.
Chaves said on Wednesday that he has people close to him, including women who think that free abortion should be a right. “It is my body,” he said, referring to what one of the women told him.
Then he used a metaphor in which he invites these women to get on one of his planes and that in mid-flight he asks them to get off.
“That would be murder, it is his plane, his body, but the person who is in there is a human being. Unless something extreme like rape has occurred,” he said.
The president justified this decision by stating that the “great majority” of Costa Ricans are against abortion. “Today we are a mass against scattered groups,” he added.
Chaves emphasized that there is no dispute in defending the life of the mother when necessary, but more so that of the defenseless, a human being who is inside a woman’s body “temporarily.”
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“Land the plane before throwing it out the door and then give it to PANI to be adopted by_ a good family,” he said.
The bill reforms the Penal Code, specifically in articles 118, 119, and repeals 93 and 120 and would impose a maximum penalty of 12 years on anyone who performs an illegal abortion.
Other changes proposed to the Penal Code include prison from four to six years for those who would commit or cause their abortion at any stage of pregnancy, and eliminating pardon with prison sentences for those who abort to save their honor or hide the dishonor of the woman.
It should be remembered that in Costa Rica the so-called therapeutic abortion has been legal since 1970, but it was not until December 2019 that the then president, Carlos Alvarado, signed a technical standard by decree that serves as a guide for medical personnel to assess the cases in which the interruption of pregnancy can be applied when the life or health of the woman is in danger.
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The Constitutional Court is considering a claim that said norm is unconstitutional.
Prevent rather than punish
For the lawyer specializing in human rights, Larissa Arroyo, the Government should bet on actions for prevention rather than punishment.
“The standards ask that countries take actions to prevent unwanted pregnancies through sexuality education, access to health services, contraceptives and emergency contraceptives, as well as the elimination of gender roles and stereotypes,” she said.
She indicates that since it is a bill and not a norm in execution, direct actions cannot be developed against it. In addition, she warns of the recent ruling of the Inter-American Court of Human Rights against El Salvador for prohibiting it to a teenager.
Read more: El Salvador court to free woman given 30 years for suspected abortion
“It created the route that all countries should follow to comply with the American Convention on Human Rights.”.
She also highlights that the document presented by the Executive cannot be analyzed as an isolated event, but as part of a set of actions to the detriment of vulnerable populations, such as the sexually diverse community, minors, and women.
It mentions the elimination of Executive Decree 38,999, which sought to eradicate discrimination against the LGBTI population in state institutions.
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