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Abortion in Guatemala was illegal without exception prior to 1973. Congressional Decree 17-73 altered the penal code to allow abortion in cases in which the pregnant woman's life is endangered in September 1973. The procedure must be done by a physician and approved by a second doctor.

Article 3 of Chapter I in Title II of the Constitution of Guatemala grants the right to life from the point of conception. This article states that the government "guarantee and protects human life since its conception, as same as the integrity and security of the person."

Because of this, abortion falls under the category of a “gendered crime,” as it is a crime that only females are able to commit. Due to the criminality of abortion, post-abortion and post-miscarriage medical care is limited. Additionally, it is difficult to measure the number of illegal abortions that receive after care because complications of induced abortions often need treatment similar to that of spontaneous miscarriages. Furthermore, the criminality of abortion in Guatemala is likely to cause women to cast their need for post-abortion medical treatment as a spontaneous miscarriage. Similarly, those illegal abortions which do not require the woman to seek medical care are not likely to be reported. Thus, the number of illegal abortions that occur in Guatemala is extremely difficult to measure. The specifics of abortion law are confused by even the Ob/Gyn community that performs them. While many Latin American nations promote family planning as a way to curb booming population growth, the Catholic church has a greater influence on Guatemalan policy. Thus, the Guatemalan government does not promote family planning, especially in terms of abortion. Some individuals feel that Guatemala's legislation on abortion has a negative effect on the health and overall wellness of women, so there has been some opposition to the laws regarding abortion. Namely, a Dutch pro-choice organization made abortions available to Guatemalan women whose pregnancies were 10 weeks along or fewer on a ship in international waters in early 2017.

Medical Opinion

Medical Opinion in regards to abortion in Guatemala is extremely valuable. When asked in a study, most Obstetricians and Gynecologists have a specific combination of drugs they feel should be used when inducing an abortion. For therapeutic abortion within the first 7 weeks of gestation, only 27.9% of Ob/Gyn respondents approved the use of Misoprostol or any Prostaglandin alone. Whereas, 39.5% of Ob/Gyn’s approved of the use of a combination of Mifepristone and Misoprostol drugs to follow through with the abortion. For the past 10 years, unsafe abortions have been the fourth leading cause of maternal death in Guatemala. Under Guatemalan law, the only time abortion is legal is when it directly causes a risk to the pregnant woman’s life. Only 82% of Ob/Gyn’s interviewed knew that under their country's law, women are prohibited from terminating a pregnancy resulting from rape. After the study was done, Ob/Gyn’s between the ages of 40 and 49 were more likely to support medical abortion than younger Ob/Gyn’s. It is concerning for many that two times the number of Ob/Gyn’s did not approve medical abortion, especially when it concerned women with Eclampsia and the potentiality to carry a dead baby than disapproving abortion because of the death of a baby. It is mistaken amongst many that abortion for genetic malformation is legal, when it is not. Many Guatemalans view abortion with very negative connotations which results in a very low number of women following through with legal abortions. Not only does abortion have a negative connotation to it, but one who gives or receives an abortion are guaranteed prison time for an illegal abortion. Some Ob/Gyn’s are also against contraceptives because they feel as if they are equivalent to getting an abortion.

Impact of Religion

The impact of religion could explain why it has been so difficult for legislators in Guatemala to pass any bills favoring family planning, or even sexual education. Unlike most countries in Latin America, whose birth rates have decreased since the twentieth century with the government's attempts to lower it through promotion of various methods of family planning, Guatemala is one of a few countries which has not followed this trend. Despite there being no official religion in Guatemala, 56.9% of the population identify with the Catholic faith according to a 2006 survey by Latinobarómetro, a non-profit organization. The Catholic church does not believe in the use of contraceptives and does not support abortion under any circumstances. Therefore, Catholicism, being the majority of the nation's religious affiliation, seems to have a part in this stalemate. For example, in December of 2005, the nation's Roman Catholic Conference of Bishops had asked President Berger to veto a bill which hoped to promote the use of contraceptives and sexual education throughout Guatemala. Their reasoning was that promoting the use of contraceptives would encourage abortion and that forcing the government to provide sexual education to young people could lead to promiscuity. He complied, although he claimed to have vetoed the bill because it could be unconstitutional, and did not mention the requests of the Bishops. Furthermore, Guatemala’s Constitution clearly states that the Catholic Church holds legal personality in article 37. When contemplating which general values should be integrated into school curriculums, the Ministry of Education sought the advice of the Catholic Church. The Catholic Church’s influence can be seen in multiple different aspects of society which affects the progress of sexual health awareness in Guatemala.

Dispute with Dutch Ship

On Wednesday, February 22, 2017, the illegality of abortion in Guatemala was seemingly challenged by the actions of a pro-choice Dutch organization called Women on Waves, whose service allowed pregnant women under 10 weeks access to safe, legal abortions on a boat in international waters. The boat docked near the city of San Jose on Wednesday and was soon after detained by the Guatemalan military. President Jimmy Morales ordered the detainment of the boat, claiming that the actions of those on the ship would disgrace the laws and traditions of Guatemala. While the Women on Waves ship had all the necessary permits to sail in Guatemala, they were not allowed to stay because of their intentions and the cargo of abortion medications and equipment. Multiple legal attempts were made by the Women on Waves crew to establish their right to stay, but none of these appeals were approved by the government.No Guatemalan women were ever allowed to board the boat, but according to the Women on Waves website, over 60 Guatemalan women called their hotline attempting to schedule an appointment. The reason the Women on Waves boat came to Guatemala was because of the strict abortion laws found there, and the staggering rate of unsafe illegal abortions that occur there.

See also

• Abortion
• Abortion by country
• Abortion law

References

1. Abortion Ship in Guatemala. "Womenonwaves.com" Retrieved April 10, 2017.
2. Guatemala blocks entry to Dutch ship offering abortions. "Reuters.com" Retrieved April 10, 2017.
3. Guatemala army blocks Dutch ship offering abortions. "BBC.com" Retrieved April 10, 2017.
4. Abortion Laws of the World. Annual Review of Population Law. Retrieved July 14, 2006.
5. United Nations Population Division. (2002). Abortion Policies: A Global Review. Retrieved July 14, 2006.
6. Kestler, Edgar. "Obstetrician–gynecologists’ Knowledge of and Attitudes toward Medical Abortion in Guatemala." International Journal of Gynecology and Obstetrics (2011): n. pag. Print.
7. Singh, Susheela, Elena Prada, and Edgar Kestler. "Induced Abortion and Unintended Pregnancy in Guatemala." International Family Planning Perspectives 32.3 (2006): 136-45. Print.

Guatemala Gua Category:Law of Guatemala Category:Society of Guatemala Category:Health in Guatemala Guatemala