Abortion in Chile (1874-2023): Constitutional and criminal law perspectives

Authors

  • Andrea Perin

DOI:

https://doi.org/10.15168/2284-4503-2585

Keywords:

Chile, therapeutic abortion, voluntary termination of pregnancy, protection of nasciturus, conscientious objection

Abstract

In Chile, according to Law 21.030/2017, interruption of pregnancy is allowed on the following grounds: 1) there is a risk to the life of the pregnant woman; 2) the fetus is unviable; 3) the pregnancy resulted from rape. The current justification of abortion – otherwise sanctioned by the Chilean Penal Code of 1874 – goes beyond the regime previously imposed by the Health Code, which, while allowing therapeutic abortion from 1931, starting from 1989 forbade any action whose purpose was to cause a pregnancy interruption. During the legislative process, the Constitutional Court recognized that the fundamental rights of the woman (as a person) take precedence over the protection granted to the unborn child by the Chilean Constitution of 1980.

Published

2023-03-18

How to Cite

1.
Perin A. Abortion in Chile (1874-2023): Constitutional and criminal law perspectives. BioLaw [Internet]. 2023 Mar. 18 [cited 2024 Jul. 22];(1S):489-505. Available from: https://teseo.unitn.it/biolaw/article/view/2585

Issue

Section

Dobbs in transnational perspective: restrictive trends and reformatory openings