In Dominican Republic, proposal to ease abortion ban polarizes nation

By Ezequiel Abiu Lopez

SANTO DOMINGO (Reuters) – As the abortion rights movement gains pace across Latin America, the issue is heating up in the Dominican Republic – one of the few countries in the region with a total ban on abortion – where activists were camped for an eighth day on Friday outside the president’s palace.

Latin America, where the Catholic Church has held cultural and political sway for centuries, has some of the most stringent abortion laws in the world. Argentina legalized the medical procedure in December and abortion rights activists hope it will give impetus to a regional movement.

In the Dominican Republic, a group of presidential advisors on Tuesday recommended a pending update of the country’s 19th century penal code – stalled since the end of the 1990’s over the issue – revise its stance.

The advisors recommended the code allow terminations when a woman’s life is in danger, the pregnancy is not viable or in cases of rape or incest – similar to the easing of abortion laws conservative Chile approved in 2017.

But the justice commission of the chamber of deputies rejected that on Wednesday, proposing instead that the penal code allow abortion only where the mother’s life is threatened.

Although the proposal is not yet scheduled for debate, it has sparked the ire both of religious groups that want to maintain the total ban and abortion rights activists who say abortion should be allowed in all three circumstances proposed by the presidential advisers.

Without change, abortion rights activists say, women will simply continue resorting instead to dangerous clandestine abortions that account for 13 percent of maternal deaths in the Caribbean country.

“We are the women dying, we are the women in danger,” said Margarita Mercedes, one of the dozens of activists that set up camp seven days ago outside the national palace in downtown Santo Domingo.

Their protest comes ahead of a march some Christian and civil society groups plan on holding in the capital on March 27 to show support for upholding the absolute ban on abortion.

“All three instances (in which the advisors suggested allowing abortion) are murder,” the Archbishop of Santo Domingo, Francisco Ozoria, said on Thursday. “If they approve any one of them, whichever it is, it’s a murder.”

Christian groups already once thwarted an attempt to ease the country’s abortion ban, when they won a case at the Supreme Court challenging a new penal code approved by Congress in 2014 on the basis of errors in legal proceedings.

The update to the penal code was subsequently withdrawn and the debate over abortion died down – until now.

(Reporting by Ezequiel Abiu Lopez in Santo Domingo; Writing by Sarah Marsh in Havana; Editing by Alex Richardson)

Court rules against anti-abortion protesters in New York

By Jonathan Stempel

NEW YORK (Reuters) – A divided federal appeals court on Wednesday ruled against anti-abortion protesters who have tried to discourage women from entering a reproductive health clinic in the New York City borough of Queens.

Ruling in favor of the New York attorney general’s office, the 2nd U.S. Circuit Court of Appeals rejected claims by the 13 protesters that a federal law and a similar state law protecting abortion providers and patients from attacks and threats of force violated their constitutional free speech rights.

In a 116-page decision, Circuit Judge Rosemary Pooler said the federal law was designed to be broad, “given the health risks women needing reproductive care face because of the increased stress, anxiety, and agitation” from misconduct by protesters.

The 2-1 majority also said New York faced irreparable harm absent an injunction against the Saturday morning protests at the Choices Women’s Medical Center in Jamaica because the protests, which began in 2012, could recur.

Chief Judge Debra Ann Livingston dissented, accusing the majority of effectively creating “‘buffer zone’ equivalents, thereby threatening the ongoing suppression of legitimate First Amendment activity.”

The appeals court returned the case to U.S. District Judge Carol Bagley Amon in Brooklyn, who in July 2018 rejected the state’s request for an injunction against the protests.

Neither the protesters’ lawyers nor the office of state Attorney General Letitia James had an immediate comment.

Wednesday’s decision comes as many states and anti-abortion activists push to curb abortion access, hoping a conservative Supreme Court majority will weaken or overturn Roe v. Wade, the 1973 decision establishing abortion as a constitutional right.

The lawsuit had been brought in 2017 by Eric Schneiderman, then New York’s attorney general.

He said protesters crowded women trying to enter the Choices clinic, made death threats to people trying to escort them, and blocked their path with posters purportedly of aborted fetuses.

Amon had found no proof that the protesters intended to “harass, annoy, or alarm” patients and their escorts.

The case is New York v Griepp et al, 2nd U.S. Circuit Court of Appeals, Nos. 18-2454, 18-2623, 18-2627 and 18-2630.

(Reporting by Jonathan Stempel in New York; Editing by David Gregorio)

‘We are at war:’ Poles mark Women’s Day after abortion rules tightened

By Alicja Ptak and Joanna Plucinska

WARSAW (Reuters) – Poles took to the streets on Monday to mark International Women’s Day, in demonstrations around the country that took on added significance months after a constitutional court banned almost all abortions.

The October ruling, which took effect in January, unleashed a wave of protests that has morphed into broader anger at the government, particularly among young people. Recent protests have been much smaller, but the ruling party’s ratings in most opinion polls have slipped to around 30% from more than 40% in August.

In Warsaw, several dozen protesters brandishing placards with slogans such as “I am a feminist warrior” gathered in the city center, where they were outnumbered by a heavy police presence.

Previous protests organized by the Women’s Strike movement, which opposes the tightening of restrictions regarding abortion, have been marred by violence, with the police criticized for heavy-handed tactics.

“It is difficult to say anything positive about Women’s Day today. We are at war and all I can hope for is that we will win the war,” Klementyna Suchanow, co-founder of the Women’s Strike told Reuters before the demonstration began.

“Women’s Day in 2021 has a specific flavor,” she said. “After the abortion regulations were tightened, this holiday takes on the significance of a battle, just like in the beginning when it was first established, over a 100 years ago.”

As police formed a cordon around the protestors, speech therapist Aleksandra Gajek, 24, called it an intimidation tactic. “The number of police is intended to scare us and force us to stop fighting for our rights,” she told Reuters.

The police was trying to keep traffic moving, spokesman Sylwester Marczak said by phone. “The actions of the police are determined by the blocking of traffic on one of the most important roundabouts in Warsaw.”

(Reporting by Joanna Plucinska, Alicja Ptak and Kuba Stezycki; Writing by Alan Charlish; Editing by Richard Chang)

U.S. Supreme Court to weigh Trump administration abortion referral restriction

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday agreed to decide the legality of a government regulation implemented under former President Donald Trump that bars health clinics from receiving federal family planning funds if they provide abortion referrals.

The justices will hear appeals in cases in which 21 states including Oregon, California and New York, the city of Baltimore and organizations including the American Medical Association and Planned Parenthood challenged the 2019 regulation issued by the Department of Health and Human Services.

President Joe Biden, who took office on Jan. 20, said during the election campaign that he would reverse course from the Trump administration rule. Such a reversal would require a new regulation to be issued after the customary federal rule-making process.

Critics have dubbed the Trump regulation a “gag rule” because they maintain that it prevents medical professionals from providing counseling about abortion if a clinic receives family planning funds through Title X of the 1970 Public Health Services Act. The rule also requires physical separation at any facilities that receive the federal funding and also provide abortions.

The Trump administration said the rule does not prevent all information on abortion being given to patients but enforces a provision in the 1970 law that prohibited funds being used “in programs where abortion is a method family planning.”

Prior to the 2019 rule, healthcare providers could receive Title X funds if they gave abortion referrals as long as the money was used solely for other family planning purposes.

The rule was meant to help Trump fulfill a 2016 campaign pledge to end federal support for Planned Parenthood, which received about $60 million annually, or one-fifth, of Title X funds. Planned Parenthood, which provides reproductive health services including abortions, left the program in 2019 rather than comply with the rule.

In February 2020, the San Francisco-based 9th U.S. Circuit Court of Appeals upheld the rule in the challenge brought by states and medical groups. In a separate September 2020 ruling in the lawsuit brought by Baltimore, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals found the rule to be unlawful.

Currently, the rule is in effect except for in Maryland, where a federal judge blocked it in the Baltimore case.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Poland’s opposition loosens abortion stance to please younger voters

WARSAW (Reuters) – Poland’s main opposition party called on Thursday for changes in the law to allow pregnancies to be terminated on demand, in a substantial policy shift amid growing strife over abortion in the predominantly Catholic nation.

However, while the centrist Civic Platform (PO) announced a change in its platform, legislative changes are unlikely in the current parliamentary term which is due to continue until 2023.

A Constitutional Court ruling mandating a near total ban on abortion from last October has upturned nearly three decades of broad consensus in Poland that abortion should be allowed only in the case of rape, incest, a threat to the mother’s health and fetal abnormality.

The ruling also exposed growing support among young voters in particular for a liberalization of abortion rules in line with the European mainstream, despite the nationalist government’s backing of the court verdict.

The PO said on Thursday it wanted women to have access to abortions at up to 12 weeks of pregnancy in “difficult” situations after consulting with a doctor and psychologist, while also calling for broader access to sex education, birth control, in vitro and prenatal testing.

“This is a response to what our voters expect. A clear stance on this matter,” PO head Borys Budka told a news conference.

Political observers say young voters, many of whom filled the streets with protests for weeks after the court ruling, may be crucial to the outcome of the next parliamentary election, due in 2023.

Opinion surveys have shown a sharp turn towards the left among youth, while the ruling Law and Justice (PiS) appeals to older, poorer voters. Budka’s PO has relied on centrist voters and moderate conservatives for over two decades.

A February poll published by Polish daily Dziennik Gazeta Prawna showed that over 40% of Poles, especially younger voters, believe abortion rules should be liberalized.

An SW Research poll conducted soon after the court ruling indicates that over 70% of Poles were against the decision to further restrict abortion rights in the country.

(Reporting by Joanna Plucinska; Editing by Justyna Pawlak and Frances Kerry)

Polish ruling restricting abortion to take effect on Wednesday

By Anna Koper and Joanna Plucinska

WARSAW (Reuters) – A Polish Constitutional Court verdict restricting access to abortion will go into effect on Wednesday, Poland’s government said, three months after it sparked nationwide protests.

In October, the Constitutional Court said termination of pregnancies due to fetal defects should be banned, ending the most common of the few legal grounds for abortion that remained in the largely Roman Catholic country.

Under the ruling, abortions are now only permitted in cases of rape and incest, and when the mother’s life or health is endangered, pushing Poland further from the European mainstream.

Officials from the ruling Law and Justice (PiS) party said the government would now focus on assisting parents of disabled children, although PiS and its predecessors have been accused by critics of not doing enough to help such families so far.

“The state can no longer take a life away only because someone is sick, disabled, in poor health,” PiS lawmaker Bartlomiej Wroblewski told Reuters.

Conservative values have taken a more prominent role in public life since the nationalist PiS took power in 2015. Access to abortion has declined even without the legislative curbs as more doctors refuse to perform the procedure on religious grounds.

Opponents of PiS have accused it of influencing the ruling, because the Constitutional Tribunal is one of the judicial bodies overhauled by the party during reforms that the European Union says have politicized the courts.

“No law-abiding government should respect this ruling,” Borys Budka, leader of Poland’s largest opposition party, the centrist Civic Platform, told reporters.

The government information center said the court’s verdict would be published in its official gazette – a step necessary for it to take effect – later on Wednesday.

Abortion rights activities called for opponents of the ruling to gather in the streets across Poland following the government’s announcement, which had been expected for weeks.

“We are inviting everyone, please, go out, be motivated, so we can walk together, make a mark,” protest group leader Marta Lempart told news conference.

Opinion surveys have shown some decline in PiS popularity in recent months, but a poll by the government-affiliated CBOS pollster showed it edging back up to 35% this month, from 30% in October. PiS and its two small parliamentary allies won re-election in 2019 with a 44% share of the vote.

(Reporting by Anna Koper, Joanna Plucinska and Anna Wlodarczak-Semczuk; Editing by John Stonestreet and Alex Richardson)

Support for abortion jumped in Mexico last year, survey finds

MEXICO CITY (Reuters) – Support for abortion rose sharply in Mexico in 2020, according to a poll published on Monday, as attitudes towards the issue shift across Latin America.

In Mexico, a majority Roman Catholic nation, elective abortion is allowed only in the capital and the state of Oaxaca, but a growing pro-choice movement has been calling for a loosening of restrictions.

At the end of November, support for abortion stood at 48% in a survey, published by the news organizations El Financiero and Nación321 – a steep rise from the 29% recorded in March.

The poll, based on telephone interviews with 410 participants, asked if respondents agreed that “the law should permit a woman the right to abortion.”

Although Latin America has some of the world’s most restrictive abortion laws, Argentina legalized the procedure last month.

The move was a triumph for the women’s rights movement in a region where the Catholic Church has held cultural and political sway for centuries.

Several nations in Latin American ban abortion outright, including El Salvador, which has sentenced some women to up to 40 years in prison.

Until recently, only Communist Cuba and tiny Uruguay permitted elective abortions.

In most of Mexico, abortion is banned except under certain circumstances, such as rape. President Andres Manuel Lopez Obrador has declined to take a position, saying wider legalization should be a matter for public consultation.

(Writing by Drazen Jorgic; Editing by Kevin Liffey)

Argentina lower house approves landmark bill to legalize abortion

By Nicolás Misculin and Lucila Sigal

BUENOS AIRES (Reuters) -Argentina’s lower house of Congress approved a bill to legalize abortion in the early hours of Friday morning, a big step forward for the legislation that could set the tone for a wider shift in conservative Latin America.

The draft law, which would allow the legal termination of pregnancies up to the 14th week, was passed with 131 votes in favor, 117 against and six abstentions. It will now move up to the Senate, where an even tighter vote is expected.

Supporters of the legislation, dressed in distinctive green scarves, cheered and hugged each other in the streets of Buenos Aires after the vote for the bill, which was backed by the government.

Some of the opponents – who had also marched outside Congress through a mammoth debate on Thursday and stayed out all night for the decision – were in tears.

The votes in Argentina, the birthplace of Pope Francis, come amid calls for greater reproductive rights for women across the predominantly Roman Catholic region.

“This is a fundamental step and recognition of a long struggle that women’s movements have been carrying out in our country for years,” Elizabeth Gómez Alcorta, the government’s Women, Gender and Diversity minister, said after the vote.

“We are going to continue working so that the voluntary termination of pregnancy becomes law.”

A similar vote to legalize abortion was narrowly defeated in a Senate vote in 2018 after passing the lower house.

Groups opposing the legislation wore light blue scarves as they marched.

“They don’t want to show what an abortion is,” said Mariana Ledger who was holding a cross and a dummy of a headless and bloodied fetus. “This is it, and they don’t want to show it. They are hiding the truth, we are not foolish people.”

Amnesty International welcomed the lower house vote and called on the Senate not to “turn its back” on women.

The initiative includes a parallel bill – which will face a separate vote – to assist women who want to continue with their pregnancy and face severe economic or social difficulties.

Argentine law currently only allows abortions when there is a serious risk to the mother or in the event of rape. Activists say, even in those cases, many women often do not receive adequate care.

Carlina Ciak, a 46-year-old pediatrician who stayed in the square outside Congress until after midnight, said the bill would help women from the most vulnerable groups who were often forced to seek dangerous illegal abortions.

“Abortion as a medical practice exists, even when illegal it never stopped being performed,” the mother-of-two said.

The most affected women were from groups already suffering from “misery, poverty, criminalization and all kinds of violence.”

“For them, and for our daughters, we will fight until it becomes law,” she said.

(Reporting by Nicolas Misculin; Additional reporting by Reuters TV and Lucila Sigal; Editing by Adam Jourdan, Tom Brown and Andrew Heavens)

Argentine lawmakers take up government-backed bill to legalize abortion

By Nicolás Misculin

BUENOS AIRES (Reuters) -Argentine lawmakers began debating a bill to legalize abortion on Thursday as protesters rallied outside Congress waving trademark green scarves in support of the legislation that could set the tone for a wider shift in Latin America.

The draft law, which would provide for the legal termination of pregnancy up until the 14th week, is backed by center-left President Alberto Fernandez. It is expected to be narrowly approved by congressional deputies before moving up to the Senate, where an even tighter vote is anticipated.

The South American country is the birthplace of Pope Francis, and Thursday’s debate comes as a number of countries in the predominantly Roman Catholic region are seeing drives to give women greater reproductive rights.

A spokesman for the ruling party said a debate of almost 30 hours was expected in the lower house, meaning that the bill – which could undergo modifications to achieve broad consensus – would be likely to face a vote on Friday morning.

“”We are convinced that this offers a concrete answer to an urgent and structural public health problem,” said Elizabeth Gómez Alcorta, the government’s Women, Gender and Diversity minister, as she opened the session in the Chamber of Deputies.

“The time has come to stop looking the other way.”

Protesters supporting the bill began gathering outside Congress with their green scarves on Thursday, planning an overnight vigil to await news of what they hope will be an approval this time round after a similar vote to legalize abortion was narrowly defeated in 2018.

Opposition groups, who wear light blue scarves, have also pledged to take to the streets to demonstrate against the bill.

The initiative includes a parallel bill which will face a separate vote to assist women who want to continue with their pregnancy and face severe economic or social difficulties.

Argentine law currently only allows the voluntary interruption of pregnancy when there is a serious risk to the mother or in the event of rape, although activists say many women often do not receive adequate care.

The country has seen a gradual rise in agnosticism in recent years. While the current Peronist government is strongly behind the bill, that was not the case in 2018 during the conservative administration of Mauricio Macri.

“We are not in favor of abortion, we do not recommend or suggest it, we are against clandestine abortion that kills thousands of women,” Argentine actress and campaigner Carola Reyna posted on Twitter.

“We believe that it is a practice that should be regulated by the State, guaranteeing women’s health.”

(Reporting by Nicolas Misculin; Editing by Adam Jourdan and Tom Brown)

Women’s movement sweeps Latin America to loosen abortion restrictions

By Daina Beth Solomon and Cassandra Garrison

MEXICO CITY/BUENOS AIRES (Reuters) – Several weeks pregnant and about to start a job away from home, Lupita Ruiz had no doubts about wanting to end her pregnancy, despite knowing she could face jail time for having an abortion under a law in her state of Chiapas in southern Mexico.

She asked friends for help until she found a doctor two hours from her town who agreed to do it in secret.

Five years later, lawmakers in Chiapas are set to consider an initiative to halt prosecutions of women who terminate their pregnancies, part of a movement sweeping Latin America to loosen some of the world’s most restrictive abortion laws.

Several out of more than 20 Latin American nations ban abortion outright, including El Salvador, which has sentenced some women to up to 40 years in prison. Most countries, including Brazil, the region’s most populous, allow abortion only in specific circumstances, such as rape or health risk to the mother.

Just Uruguay and Cuba allow elective abortions.

In Mexico, a patchwork of state restrictions apply, but the debate is shifting, Ruiz said.

“When someone talked about abortion, they were shushed,” said the 27-year-old activist, who helped draft the Chiapas initiative. “Now I can sit down to eat a tamale and have a coffee and talk with my mom and my grandma about abortion, without anyone telling me to be quiet.”

Change is palpable across the predominantly Roman Catholic region. A new Argentine president proposed legalization last month, Chilean activists are aiming to write broader reproductive rights into a new constitution, and female lawmakers in Mexico are resisting abortion bans.

The push can be traced to Argentina’s pro-abortion protests in 2018 by as many as one million women to back a legalization bill that only narrowly failed to pass – in Pope Francis’s home country.

Catalina Martinez, director for Latin America and the Caribbean at the Center for Reproductive Rights, a legal advocacy organization, said Argentina’s example inspired protests across Latin America.

“It was an awakening,” she said.

Outrage at worsening gender violence in Latin America, where the number of femicides has doubled in five years, has also spread awareness of the abortion rights movement and fueled demands for recognition of women’s rights in a conservative, male-dominated society.

“Women are finally understanding that they are not separate issues,” said Catalina Calderon, director for campaigns and advocacy programs at the Women’s Equality Center. “It’s the fact that you agree that we women are in control of our bodies, our decisions, our lives.”

The rise of social media has afforded women opportunities to bypass establishment-controlled media and bring attention to their stories, Calderon said.

“Now they’re out there for the public to discuss and for the women to react, and say: ‘This does not work. We need to do something’,” Calderon said.

As in the United States, where conservatives have made gains in restricting a woman’s right to an abortion, there is pushback in Latin America against the calls for greater liberalization.

Brazil, under far-right President Jair Bolsonaro, is making it even harder for women to abort.

The Argentine Episcopal Conference has said it does not want to debate abortion during the coronavirus crisis, and alluded to comments by the Pope urging respect for those who are “not yet useful,” including fetuses.

Yet trust in the Catholic Church, which believes life begins at conception, is fading, with many Latin Americans questioning its moral legitimacy because of sexual abuse by priests.

SPREADING ‘GREEN WAVE’

Argentina could be first up for sweeping change, with a bill submitted to Congress by center-left President Alberto Fernandez seeking to legalize elective abortions.

Approval for legalization has risen eight percentage points since 2014, according to an August Ipsos poll, with support split nearly evenly between those who favor elective abortion and those who are for it only in certain circumstances.

“The dilemma we must overcome is whether abortions are performed clandestinely or in the Argentine health system,” Fernandez said.

According to the Guttmacher Institute, a U.S.-based reproductive health research organization, an estimated 29% of pregnancies in Latin America and the Caribbean from 2015 to 2019 ended in abortion, encompassing 5.4 million women. The abortions are often clandestine, so figures are hard to determine.

The mass demonstrations in Argentina two years ago, known as the “green wave” protests, have reverberated.

Since mid-2018, lawmakers in Mexico have filed more than 40 proposals to end punishment for abortion, according to Mexican reproductive rights group GIRE.

In Chiapas, the de-criminalization effort is the first of its kind since a brief period in the 1990s when abortion was legalized during the left-wing Zapatista rebellion.

Although Chiapas does not on paper punish abortion with prison, it can jail women for the “killing” of their infants.

With Mexico’s first leftist government in a century in power, national lawmakers are considering two initiatives to open up restrictions and strip away criminal punishments from places like Sonora state, where abortion can be punished by up to six years in prison.

Only two federal entities, Mexico City and Oaxaca, allow elective abortions.

Wendy Briceno, a Sonoran lawmaker who has backed a nationwide legalization bill, said the initiatives have a good chance to pass if the debate centers on women’s health, especially given rising outrage over femicides.

In Chile, activists are celebrating a vote in October to write a new constitution as a chance to expand a 2017 law that permitted abortion to save a mother’s life, in cases of rape, or if the fetus is not viable.

Colombia, where the constitutional court has agreed to consider a petition to remove abortion from the penal code, could set an example, said Anita Pena, director of Chilean reproductive rights group Corporacion Miles.

Activists agree there is still a long way to go, with restrictive laws entrenched in many countries.

To Briceno, Brazil’s shift to the right under Bolsonaro, who has vowed to veto any pro-abortion bills, was a reminder to push even harder for abortion rights.

“No fight is ever finished,” she said.

(Reporting by Daina Beth Solomon in Mexico City, Cassandra Garrison in Buenos Aires, Natalia Ramos in Santiago; Additional reporting by Philip Pullella in Vatican City; editing by Frank Jack Daniel and Grant McCool)