User:LuluRuth/sandbox

Abortion in Peru is illegal except in case of a threat to the life or health of the woman. Abortion has been generally illegal in Peru since 1924. A woman who consents to an abortion can be sentenced to up to two years in prison. A person who performs an illegal abortion can be sentenced to one to six years in prison. About 19% of Peruvian women have had an abortion according to the Pontificia Universidad Catolica del Peru.

MY EDITS

Peru's current abortion law is predominantly governed by the Penal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120. This law declares that a person who either causes their own abortion, or consents to someone else performing it, can be sentenced with up to two years in prison or be required to carry out community service.

Within this law, the one exception, in which person who has an abortion and the person who carries it out will not be punished, is if the abortion is necessary to save the life of the woman or prevent serious harm.

Article 120 of this Penal Code dictates a person impregnated as a result of rape outside of marriage or artificial insemination without consent outside of marriage will also be punished for having an abortion. In these instances, the sentences are of no more than three months. The same applies to people who have an abortion due to a medical diagnosis of fetal abnormalities. There is no provision within this law for pregnancies due to marital rape.

Peru's abortion provisions
Penal Code (1991), Law of April 3, 1991, Chapter II, Articles 114-120 (unofficial translation into English by editor)

Chapter II

Abortion

Article 114.- Self abortion

The women who causes her abortion, or consents to another person performing it, will be punished with a custodial sentence of no more than two years or with community service from fifty to one hundred and four days.

'''Article 115. - Consensual abortion'''

The person who causes the abortion with the consent of the pregnant woman, will be punished with a custodial sentence of no less than one year and no more than four years.

If the death of the woman follows and the agent [person who carried out the abortion] could have foreseen this result, the punishment will be no less than two years and no more than five years.

Article 116 - Abortion without consent

The person who causes a woman to abort without her consent, will be punished with a custodial sentence of no less than three years and no more than five years.

If the death of the woman follows and the agent [person who carried out the abortion] could have foreseen this result, the punishment will be no less than five years and no more than ten years.

Article 117 - Aggravation of the penalty for the quality of the subject

The doctor, obstetrician, pharmacist, or any other health professional, who abuses their science or art to cause the abortion, will be punished with the penalty of articles 115 and 116 and disqualification according to article 36, sections 4 and 8.

'''Article 118. - Preterintentional abortion'''

The person who, with violence, causes an abortion, without having had the intention of causing one, being overt or causing the loss of the pregnancy, will be punished with a custodial sentence of no more than two years, o with community service of fifty two to one hundred and four days.

'''Article 119. - Therapeutic abortion'''

Abortion performed by a doctor with the consent of the pregnant woman or her legal representative, if she has one, is not punishable when it is the only means of saving the life of the pregnant woman or to avoid grave and permanent harm to her health.

'''Article 120. - ???'''

Abortion will be punished with a custodial sentence of no more than three months:


 * 1) When the pregnancy is a consequence of rape outside of marriage or artificial insemination without consent outside of marriage, provided that the facts have been reported or investigated, at least by the police, or,
 * 2) When it is probable that the fetus would be born with serious physical or psychological defects, provided that there is a medical diagnosis.

Health risks[edit]
Despite its illegality, at least 19% of Peruvian women had at least one abortion performed during their life. Abortions in Peru are often conducted in clandestine operations that are easily accessible, though dangerous, as women frequently experience chronic or permanent complications related to the informal procedures. A 2005 survey showed that 17.5% of maternal mortality in Peru was caused by abortion. Secret abortions in Peru resulted with 29,000 hospitalizations and 60 deaths in 2012, costing the nation up to $959 per patient for the treatment of complications, being more costly than adequate family planning policy.

Poor accessibility to safe abortions have increased complications for women who have them performed clandestinely. In Peru, individuals and groups on the internet who assist with abortions provide broad recommendations for procedures that often do not meet international standards. The price for the common abortion drug misoprostol is greatly inflated in Peru due to the legal repercussions facing individuals using the medications for such purposes, with the high prices making the medication inaccessible to the average woman.

See also[edit]

 * Abortion
 * Abortion by country
 * Abortion law
 * Reproductive rights in Peru

References[edit]

 * 1) ^
 * 2) ^ Jump up to:a b
 * 3) ^ Jump up to:a b c d
 * 4) ^ Jump up to:a b c d

External links[edit]

 * Hospital Guidelines from the Peruvian Ministry of Health, released June 28, 2014

Important things to edit:


 * There is extensive information in Spanish which has not been translated into the english version. Can I just translate this and add the same citations? I should check the citations
 * Rather than titling a section 'health risks', which is stigmatising, it should be changed to something which demonstrates that the health risks are due to lack of safe access

Sections ideas:

Overview

Current law

History

Important laws or changes to law

Any proposals for reform, social movements etc

Reality of access to abortion

Statistics/ information on abortion - although it is illegal, is it still happening and how much??

https://www.reuters.com/world/americas/peru-allows-abortion-11-year-old-rape-victim-after-un-pressure-2023-08-16/


 * This reuters article discusses 2023 case of an 11 yearold girl being allowed an abortion after initially being denied it. Human rights groups have criticised Peruvian state for lzck of intervention.