Bolivia’s highest court issued a decision last week to remove the requirement that women must obtain judicial authorization in order to have a legal abortion.
Bolivia’s constitution guarantees equal treatment to all citizens, including women and indigenous peoples. In 2012, Legislator Patricia Mancilla filed a challenge to the constitutionality of several penal code articles that she found discriminatory against women, leading to the court’s decision.
“Once again a Latin American court has ruled that governments should not stand in the way of women seeking legal health services,” said Gillian Kane, senior policy advisor at Ipas, a global nonprofit that works to increase women’s ability to exercise their sexual and reproductive rights and to reduce maternal mortality. “This opinion follows earlier favorable court rulings from Mexico City and Colombia, and adds to a growing body of national and international jurisprudence that affirms women’s rights to legal abortion.”
Ipas reported that the Plurinational Constitutional Court’s ruling included several important points: the court ruled that the decision to keep or terminate a pregnancy should rest only with the woman and not be affected by the beliefs of judges or attorneys and also said that the removal of the judicial authorization requirement will improve fast access to safe abortion services, among other points. “While this decision is a positive change in Bolivia’s punitive abortion laws, it is only a first step,” Kane added. “There are still significant legal barriers that many women will not be able to overcome, and we know they will turn to unsafe abortion.”
According to Ipas, 95 percent of abortions in Latin America – a region with some of the most restrictive abortion laws in the world – are done secretly and unsafely, which significantly increases the potential for injury and death for women.