Abortion Only For Rape Cases

Abortion only for rape cases

Introduction

The theme of abortion is a continuous axis of discussion between two positions;One Provide and the other pro choice, which views from both perspectives are still maintained with a more argument based on intuition, than on the substantive and rational analysis. A large amount of information shown through opinion circles, social networks, media publications, permanent debates at all levels that do not have an adequate academic, ethical and scientific contribution make the issue losing more and more clarity and that these antagonistic positionsare increasing.

That is why this issue should be discussed from an argumentative analysis perspective, but not of absolute opinion or disqualification, taking the proposal of the opposition with tolerance, making the reason and motivation of human rights without restriction prevail. And that is why it is important to take into account that abortion even being a free and voluntary decision, without the existence of factors such as rape or medical conditions is a traumatic fact for women, being affected not only physiological but also emotionally and morally.

The search for abortion alternatives is a task that needs to have greater relevance, for example, prioritizing adequate sexual education, in addition to improving the access and use of contraceptive methods, to minimize the making of this decision of the woman who involves their privacyas a human being, his dignity;His fundamental rights of freedom of decision, gender equality, not to be discriminated against and physical and psychic health protection.

The latter being the most violated in the case of abortions that are carried out in hiding, since in the case of our country this practice is considered illegal, exposing it to latent hazards that, if it will do it under the protection of the law, withappropriate health and security measures;that is, when protected with the practice of a safe abortion.

Argumentation

For a long time and through the history of mankind, abortion regardless of why it was carried out was legally prohibited, but in recent years there has. According to WHO statistics, from 193 countries: 189 allow abortion to save the life of women;Only four prohibit it: Chile, El Salvador, the Holy See and Malta.122 countries allow it to preserve the physical health of women;71, no. 120 countries allow it to preserve the mental health of women;73, no. 83 countries allow it in case of rape or incest;110, no. 76 countries allow it in case of deterioration of the fetus;117, no. 63 countries allow it for economic and social reasons;130, no. (Sánchez Sifriano, 2018).

We are going to review three fundamental edges to consolidate that the right of women to decide whether or not to abort or not in the case of violation of it, since when taking it it does so in a reflexively and analytical way not merely based on the feeling.

From the legal point of view in the particular case of our country according to the (Criminal Organic Code, 2014) in its art. 150 We find that abortion is not considered as a crime only: 1. If it has been practiced to avoid a danger to the life or health of pregnant women and if this danger cannot be avoided by other means, and 2. If pregnancy is a consequence of a violation in a woman suffering from mental disability, otherwise the woman who carries out this procedure will be prosecuted and must fulfill a penalty for the commitment;that goes from six months to two years in prison.

Then we can mention that the woman cannot make a free and reflective decision, since in doing so she would have a coercive reaction about it by the State that is one of the protective entities of law;In addition to social repudiation, with the motto of saving two lives or not saving any. This type of thoughts results in extreme rigid managing to suppress all that regarding reproductive and freedom right, but;In addition, it should be noted that, although this concept has already been instituted in the COIP where women are punished for making a decision about their integrity, they will not stop doing so and the only thing that is achieved is to increase the mortality statistics by human beings that endin clandestine clinics without the safety and accompaniment required.

The COIP protects women victims of rape they have of a mental disability, but that happens with those who do not suffer from dementia.

According to the INEC, there are 17.448 girls under fourteen who were forced to give birth in Ecuador between 2009 and 2016. Consider that all sexual contact with a minor is rape, but these cases are not registered as such, which prevents girls from accessing attention, repair and justice. (Palma & Granja, 2020)

These data show that those who suffer from rape are revictimized, and being the most vulnerable women who do not even have the legal ability to decide or allow, it only shows that these actions make the victim more to suffer at the hands of theirAggressor, they do it at the hands of the State and society being forced to live with the permanent footprint of such a deplorable and despicable act, and return the right to decide if they take abortion as an alternative, they somehow return the dominance over their domain over theirbody that was taken from them.

As a clear example, this Romina Tejerina a young Argentina who was sentenced to 14 years in prison as the material author of the crime of homicide aggravated by the link against her newborn baby, the result of a rape of which she was a victim when leaving a discoand contrary to his aggressor who was acquitted by the court. This case clearly shows the consequences left by the acts of rape, she committed this crime in a psychotic attack after 7 months of having given birth, since she claimed to see her rapist’s face in her newborn daughter, this does not justify heract, but reveal that the right to decide only triggers a circle of violence that does not end.

Abortion is considered a public health issue and to contextualize it, let’s start to define the concept of health that according to WHO "is a state of complete physical, mental and social well -being, and not only the absence of conditions or diseases".

Ecuador hosts this concept and bases it, public health regulations and policies, this is ratified in art. 21 of the (Organic Health Law, 2006) that says: "The State recognizes maternal mortality, pregnancy in adolescents and abortion in risk conditions such as public health problems",

According to the World Health Organization (WHO), around 21.000.000 women in the world have experienced some type of induced abortion clandestine and insecure, this information leads to about 47.000 women die every year, especially in Third World countries. Either induced or clandestine there are negative effects for those who perform it, highlighting three.

The first when the patient does it without complications, or adequate medical care ceases to be part of the necessary statistics for the achievement of appropriate public policies, since it extends the error in the official information.

The second when in the abortion performed totally or partially, complications appear and must go for medical care, it must lie so as not to be considered as a criminal, and it enters as a spontaneous and justified abortion which is registered and becomes official information.

The third, in which the patient aborts totally or partially, appears complications in the procedure and dies, this will be admitted as a case of maternal mortality, which hinders the identification of clandestine abortions and substantially decreases the reasons that argue that alegal support for women so that I can do it with the respective sanitary measures.

In our country abortion is considered one of the ten main causes of morbidity. Every day 61 women arrive at the health system seeking care for an abortion, of which 26 are girls, adolescents and young people under 24 and more 50% corresponds to failed attempts. (Anonymous, 2019)

This is another proof that the penalty of abortion fails to prevent women from performing these procedures, nor does it decrease them if not, rather they become a dangerous practice that only increases health complications, since many of them diefor not having the opportunity to access adequate medical care. In addition, this fact has a social dye, since those who do not have a medical service for this procedure are women of limited economic resources and with a very low level of instruction.