Abortion and reproductive health rights

Articles 154-158 prohibit 1) anyone, without the pregnant woman’s consent, to provoke or cause a miscarriage; 2) anyone, with the pregnant woman’s consent, to perform or assist with an abortion; and 3) any pregnant woman from, by any means, participating or consenting to an abortion. These three felonies carry sentences of 2-8 years, 1-5 years, and 5 years of imprisonment, respectively. (article 154). Article 155 provides for increased sentences if the abortion harms the woman’s physical integrity or causes death.

The Guatemalan Penal Code criminalizes abortion for both the woman and the person performing it in most circumstances. Article 134 provides that a woman who seeks her own abortion may be sentenced to one to three years in prison, although the penalty may be reduced to six months to two years if the act is motivated by mental health issues directly related to the pregnancy.

A person who takes, hides, or imprisons a pregnant woman in order to force the woman or a third party to do, not do, or tolerate something against his or her will is subject to imprisonment of between 10 to 25 years. A person who kidnaps or hides a pregnant woman to obtain a ransom is subject to imprisonment of between 10 to 25 years. If perpetrator obtains the desired gain, the minimum penalty will be raised to eight years.

Articles 85 to 88 of the Argentine Penal Code (“APC”), recently amended by Law 27610, deal with abortion. In particular, Article 85 APC (paragraph 1) provides that an abortion performed on a person without their consent, or (paragraph 2) after the fourteenth week of pregnancy, is punishable.

The Chilean Criminal Code contains a set of provisions addressing sexual crimes, harassment, gender violence, abortion, and sexual exploitation, with penalties varying according to the seriousness and circumstances of the offense.

Article 494 of the Penal Code criminalizes sexual crimes committed in the context of armed conflict, whether international or internal. It explicitly covers rape, sexual slavery, sexual exploitation, forced prostitution, forced pregnancy, forced sterilization, and other forms of sexual violence committed against persons protected under international humanitarian law.

Articles 143 to 145 regulate abortion in all forms. Abortion is punishable by one to three years of prison time if performed with the women's consent, and three to six years if without consent. If performed by a health professional, an additional disqualification penalty applies, which is two to five years (with consent) or four to seven years (without consent). Abortion caused by negligence carries six months to one year in prison, and the woman who consents to an abortion may be sentenced to one to two years in prison. 

Spanish Criminal Code Article 172 quater. 

In 2018, the Association of Accredited Clinics for the Termination of Pregnancy (ACAI, for its initials in Spanish) produced a report concluding that 89% of women who had an abortion felt harassed, and 66% felt threatened.

Under Article 140, abortion is considered a “crime against the intra-uterine life,” and someone who causes an abortion without the consent of the pregnant woman may be sentenced from 2-8 years of imprisonment, while the person who performed the abortion and the pregnant woman can be sentence to up to three years of imprisonment.

The President approved the creation of the National Commission of Audit and Prevention of Deaths of Mothers, Newborns and Infants in March 2012. This commission was established to contribute to the reduction of maternal and infant mortality by investigating maternal death, defining appropriate evidence-based interventions and recommending corrective actions.