The Legal Framework for Abortion

Appendix 1: Different Types of Abortion and their Definitions

Attempted abortion: When a woman does or takes something (or someone gives her or does something) to induce an abortion but the latter fails to occur. In this case, the majority of countries do not sanction this conduct, unless it is specifically mentioned in the legislation, since the desired outcome, i.e. abortion, is not achieved (Salas Villagómez, 1998).

Spontaneous abortion: the result of the interruption of a pregnancy, without any attempt being made to achieve an abortion. Approximately 10% to 15% of all pregnancies end in spontaneous abortion or miscarriage (WHO, 1994).

Induced abortion: A pregnancy that is deliberately terminated though an intervention. This may occur in safe medical areas, in keeping with legal and public health regulations, as though it were part of the medical system. Therefore, depending on the conditions in which abortion is carried out, it is either called a safe or unsafe abortion. The former occurs when an abortion is performed by qualified personnel, using adequate hygienic techniques and criteria, meaning that it is usually a safe procedure, with a low morbi-mortality rate. Abortions are safest when they are carried out at an early stage of pregnancy and in the safe conditions mentioned above (AGI, 1996). Conversely, an unsafe abortion is usually characterized by a lack of training on the part of the provider, who uses inadequate techniques, and performs the abortion in unhygienic places. An unsafe abortion may be induced by the woman herself, by a person without medical training or by a health professional in unhygienic conditions. This type of abortion may be carried out by introducing a solid object (such as a root, branch or catheter) into the uterus, provoking an inappropriate process of dilatation and curettage, by ingesting toxic substances or by applying external force. Between 10% and 50% of unsafe abortions require medical attention, although not all women request it (WHO, 1998).

According to Salas Villagómez (1998), according to the intention of engaging in criminal behavior or not, and depending on the reasons why a woman resorts to abortion, the latter can be identified as:

Negligent abortion: refers to an abortion caused by an accident or due to the result of a behavior that was not intended to cause an abortion, particularly when it was not known that the woman was pregnant. This type of abortion is not sanctioned in most countries, since it is not considered that a crime was produced or that there was an intention of producing this result.

Non-consensual abortion, or abortion experienced with violence: when an abortion is performed without the woman’s consent, it is described as non-consensual and when, in addition, it is performed through physical or moral violence, it is described as a non-consensual abortion with violence. Most legislation throughout the world sanctions this type of abortion more severely. 

Elective or consensual abortion: this refers to an abortion induced by the woman herself or performed with the consent of the pregnant woman. When the reasons for performing an abortion are not permitted by law, in this type of abortion, both the woman that allows or requests the abortion and the personnel that intervene in its induction are sanctioned. 

Abortion honoris causa: includes cases where the woman resorts to abortion as a result of becoming pregnant out of wedlock or when the birth of an illegitimate child is a reason for social disapproval. That is why although several Latin American legislations penalize this practice, they give lower sentences to women that resort to induced abortion to safeguard their name or reputation or that of their families.

Abortion induced due to rape or the exercise of a right: responds to situations whereby the law recognizes women’s right to abort when the pregnancy is the result of rape and it is one of the most frequently permitted grounds for abortion in the Latin American and Caribbean region.

Necessary or therapeutic abortion, to save the woman’s life: when failure to perform an abortion would jeopardize the life of the pregnant women, these terms are used indistinctly. This type of abortion is not sanctioned in most countries in the region (McNaughton et al., 2004).

Abortion due to genital or congenital alterations: performed when there are reasons to suspect that the product has genital or congenital alterations. This type of abortion is permitted in certain countries in the region.

Abortion for financial reasons: one that is resorted to, as the name suggests, when the woman is experiencing financial hardship and already has a number of children.

Abortion due to forced artificial insemination: one performed when the pregnancy is the result of artificial insemination that is neither wished for nor consented to by the woman.
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