At-Risk Women Denied Legal Abortions
The Peruvian government's deliberate refusal to streamline procedures and approve guidelines for legal abortion is endangering the lives and health of women and girls who are often forced to use unsafe solutions for risky pregnancies, Human Rights Watch said in a new report released.
The 52-page report, "My Rights, and My Right to Know: Lack of Access to Therapeutic Abortion in Peru," documents the difficulties women face in accessing therapeutic abortion - those needed to save the life of the woman or avoid serious health risks - in Peru's public health system. While no reliable statistics are available on how many women have been turned away from a legal abortion, in interviews with women, healthcare providers, rights activists and government officials, Human Rights Watch found that women in general lack accurate information about their right to a legal abortion, and public health care professionals are often unclear about the intent of laws guaranteeing women access to legal abortions.
"Women and girls confronting pregnancies that could kill or permanently harm them are refused legal abortions, or don't even know they have a right to get one," said Angela Heimburger, a women's rights researcher at Human Rights Watch and author of the report. "The government not only has an obligation to raise awareness about the right to safe, dignified and affordable legal abortions, but it should make getting the procedure as painless as possible."
Abortion is legal in Peru when a pregnancy endangers a woman's life and when it is necessary to protect a woman's health. But because a legal abortion is rarely available in a public hospital, many women seek unsafe and clandestine procedures to deal with a risky pregnancy. Human Rights Watch found several obstacles to making legal abortion accessible. Ambiguities about abortion in Peru's legal system raise fears of prosecution among health care professionals and women. The absence of a national protocol provides no standardized outline for when a therapeutic abortion can be performed. The public health care system is ill-equipped to deal with referral procedures, and circumstances under which a therapeutic abortion can be approved are unclear. Peru has legal abortions, but in practice it is nearly impossible for a woman to have one.
Peru's failure to ensure access to legal therapeutic abortion constitutes a violation of fundamental human rights. Women are entitled to the highest attainable standard of health, life, nondiscrimination, physical integrity and freedom from cruel, inhuman or degrading treatment. United Nations human rights officials and experts have repeatedly and forcefully called on Peru to eliminate barriers to therapeutic abortion to ensure compliance with its human rights obligations.
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