Fighting for Our Rights: Roe v. Wade's Global Impact on Latino Communities
It's not just America we're fighting for these days, at least not since the nationwide protests earlier this month. It's Argentina. And Chile. And Mexico. In my home country of Colombia, we currently have some of the most liberal abortion laws in North America aside from Canada. Even in challenging circumstances, places like the Dominican Republic or El Salvador have experienced massive protests against strict abortion bans in recent years.
Paola Avila-Guillen
As a women's health attorney and advocate working across Latin America, I've contributed to the Green Wave movement, which began in Argentina in the early 2000s, gained momentum in 2018, and played a pivotal role in protecting multiple groundbreaking health rights laws aiming to protect bodily autonomy. Many fear that such reforms will never come to pass, especially in countries where religion and the Church often serve as the primary decision-makers on law and justice issues.
Now, I find myself one of millions of American citizens grappling with the news of a draft Supreme Court opinion leaked in May that aims to overturn Roe v. Wade. It's a grim reality; if Roe falls, we can expect to see a rise in forced pregnancies, risky abortions, and preventable deaths.
But there's hope.
In late February, Colombia's Constitutional Court decriminalized abortion for the first 24 weeks of pregnancy in four exceptional cases – to protect the life and health of the mother, in the aftermath of rape or incest, when pregnancy is medically impossible, and in instances of forced pregnancies. This makes Colombia one of the third Latin American countries to decriminalize abortion, joining Argentina (up to 14 weeks) and Mexico (in some states, up to 12 weeks).
While these changes have been significant, they have not come easily. Protests at the local and international levels have shown that the abortion exception system leaves vulnerable women without protection and disproportionately affects marginalized communities.
In fact, as far back as 2006, Colombia's Constitutional Court ruled that women in Colombia have the right to secure and legal abortions when the fetus displays a fatal defect, the pregnancy poses a risk to health or life, or if the pregnancy results from rape or incest (forced impregnation). However, this judgment was highly restrictive and vague, having minimal impact on the provision of abortion services.
When the courts re-examine Colombia's abortion laws in 2021, human rights lawyers and advocates like myself will draw attention to the discriminatory nature of these laws, hoping to sway judges' emotions and perspectives. By sharing the personal, painful stories of women denied their right to legal abortion, we aim to demonstrate that the 2006 court decision confirmed that abortion is a privilege of the wealthy, not a right.
In doing so, we'll make it clear to the Colombian judiciary who is denied access to safe abortion services – organizations such as Profamilia report that more than 30,000 women in Colombia alone were denied the right to legal abortion in 2020[2].
These women were then left with no choice but to either turn to dangerous back-alley abortions or continue their pregnancies. Unfortunately, statistics show that every year, 132,000 women in Colombia suffer complications due to unsafe abortions[2].
In plain terms, restrictive abortion laws lead to a public health crisis. And what's more, these policies disproportionately affect the most marginalized groups, including minors, survivors of sexual assault, immigrants, refugees, women in rural areas, and the poor. Judges of the Court cannot ignore the evidence we present: Abortion laws not only pose a threat to public health but also create a system of oppression.
American citizens who support the right to legal abortion can still file appeals against the upcoming Supreme Court ruling. We must all rally around the cause of human and civil rights, bodily autonomy, and the need for pointless privileges to end.
When we look beyond our borders to Latin America, we see a fight not unlike our own. dear La Raza, we have been preparing for this fight our entire lives.
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While it's true that Latin America has historically held more conservative stances on abortion, recent trends indicate a shift towards broader abortion rights and liberalization. This trend is driven by several factors:
- Privatization of Abortion Services:
- In wealthy Latin American countries like Colombia, Chile, and Argentina, there has been a move towards privatizing abortion services. This means that women with access to money can often afford to navigate their way around restrictive laws or seek treatment abroad.
- Influence of the Catholic Church:
- Catholicism is an influential religion in the region, but its influence on abortion policies is not as strong as it once was. In Argentina, it was the secular Argentine Congress, rather than the Church, that supported the legalization of abortion.
- Growing Support for Reproductive Rights:
- Public support for reproductive rights and abortion has grown in recent years, particularly among younger generations. Recent polls show that a majority of young Argentineans support abortion legalization, and Latin American youth in general tend to lean towards a more progressive stance on the issue[1].
- Latin America's "Green Wave":
- A prominent pro-choice movement, known as the "Green Wave" (Marea Verde), has been instrumental in pushing for change across the region. This movement has inspired women to demand change and advocate for reproductive rights[2].
- Health-Focused Approach:
- Latin American leaders often approach abortion as a public health issue, stressing the importance of making qualified healthcare and reproductive services accessible to marginalized communities. This view is shared by public health advocates and organizations such as the World Health Organization and the Pan American Health Organization[1].
In conclusion, while the issue of abortion has been a source of controversy in both the United States and Latin America, significant shifts in attitudes and policies suggest that the region is moving towards greater access and recognition of reproductive rights.
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Sources:
- reproductiverights.org
- wikipedia.org
- amnesty.org
- womensrights.org
- cnn.com
Related Stories:
The enrichment data highlights recent trends in Latin America, indicating that while the US grapples with divisive state-specific abortion laws, the region has seen a general liberalization of abortion policies, driven by growing support for reproductive rights and a public health approach.
Specific changes include privatization of abortion services, growing secularism, and increased public support for reproductive rights, particularly among young people. The pro-choice movement, known as the Green Wave, has also played a significant role in pushing for change.
Despite this progress, obstacles to accessing abortion services remain, particularly for marginalized communities. Public health and human rights advocates continue to advocate for policies that address these disparities and ensure equal access to healthcare for all.
