Is abortion on-demand allowed by the Constitution of Chile?

Authors

  • José Ángel Fernández Cruz‍‍ Universidad Austral de Chile
  • Yanira Zúñiga Añazco‍‍ Universidad Austral de Chile

DOI:

https://doi.org/10.18042/cepc/aijc.24.06

Keywords:

Abortion, legal status of fetus, sexual and reproductive rights.

Abstract

This study addresses the question whether a legislative draft that legalized abortions performed during the first 14 weeks of pregnancy would be allowed by the Chilean Constitution. Our position, based on the Constitutional Court Sentence, Rol 3729-‍17-CPT, regarding Act N° 21.030 that legalized abortions on three grounds, and the jurisprudence of the Inter-American Court of Human Rights, maintains that a constitutional amendment would not be necessary in order to legalize abortion in the first 14 weeks of pregnancy. 

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Published

2020-06-10

Issue

Section

CASE LAW