youtube facebook Español

Photo (c) creative commons by Jeronimo Van der Meeren

The Supreme Court of Justice of Bolivia, the nation's highest court, issued an order on October 17 to all lower courts judges obligating them to implement Article 266 of the Penal Code, which allows abortion for the life and health of women and for cases of rape and incest.

Bolivia's current laws only permit abortion when a pregnancy endangers a woman's life or health, and when no other measure can remove the potential danger, or in cases of rape and incest. In both cases, the law stipulates that a woman receive judicial authorization before a physician may terminate a pregnancy with the woman's consent.

But even under these legal conditions, many factors in the judicial authorization process make these abortions virtually impossible to obtain. To date there have only been six legal abortions in Bolivia. Judges and public prosecutors often blame women for “provoking” sexual assault and discourage them from coming forward. Prosecutors may be reluctant to charge rape suspects or slow to proceed with cases, making it difficult for women to meet legal requirements for a legal abortion within a reasonable timeframe. Moreover, should a woman or girl receive permission from a judge to access to a legal abortion, finding a supportive doctor poses yet another obstacle: many physicians will claim “conscientious objection” and refuse to provide the legal service, and may also refuse to referral the woman to another willing provider.

Ipas Bolivia’s work over the past two years laid important groundwork for this decision. Ipas Bolivia convened the National Committee for the Fight against Sexual Violence, composed of representatives from 30 government and non-government organizations. In March, the National Committee held a national symposium to discuss sexual violence. Obstetrician-gynecologists,  lawyers, public prosecutors; representatives from the Supreme Court and the Superior Court of Justice; government representatives, police officers, and representatives from international NGOs to discuss sexual violence and find ways to prevent it from happening. The Supreme Court of Justice’s decision regarding article 266 is a sign of its commitment to this issue.

Ipas Bolivia is working to ensure that all lower courts receive relevant documentation — national standards and guidelines for abortion care, and statements from CEDAW, the international women’s rights treaty adopted by the United Nations — to support them in implementing the law. Ipas and other civil-society organizations will ensure that professionals in the legal and health sectors, as well as women throughout the country, are informed of this decision.

Bolivia has one of the highest maternal mortality rates in Latin America. Complications from unsafe abortions account for approximately one-third of maternal deaths and injure many other women. Removing restrictions on abortion and offering postabortion care (treatment for women who have had incomplete abortions, unsafe abortions or miscarriages, as well as family planning counseling) can greatly reduce these deaths and injuries. The Bolivian government includes postabortion care as a basic service within its Universal Health Insurance package. However, many Bolivian women delay going to the hospital after an unsafe abortion because they fear poor treatment from health-care professionals.

Ipas Bolivia invites organizations to write to the President and Justices of the Bolivian Supreme Court to congratulate them on this ruling and to express support for efforts to ensure that relevant authorities and the general public are adequately informed.
 
You can send your letters to:
 
SR. PRESIDENTE Y MINISTROS DE SALA PLENA
CORTE SUPREMA DE JUSTICIA
Parque Bolivar
Casillas de Correo 211 y 321
Sucre - Bolivia
Central Telefónica 591 - 4 - 6453200
e-mail: cortesuprema@poderjudicialgovbo

---

For more information, contact media@ipas.org