Guatemala Extends Jail Sentences for Women who Abort to Five Years

03-09-2022

Camilla Souza

Women’s Rights Researcher, 

Global Human Rights Defence.

The Congress of Guatemala approved this Tuesday in its third reading the Law for the Protection of Life and the Family. Initiative 5272, presented in Congress on April 27, 2017, reforms articles 133, 134, 136, 137, 138, 138, 140, and 141 of the Guatemalan Penal Code.

Said articles, related to abortion, in all its forms. Under this law, abortion is defined as "the natural or provoked death of an embryo or fetus, at any stage of its development, from conception and at any stage of pregnancy, until before birth". In addition, a penalty of between 5 and 10 years is established for women who cause their abortion or consent that another person causes it. Originally, the prison sentences established for women who had abortions were from 1 to 3 years of imprisonment. 

In addition, the regulation prohibits the teaching of sexual diversity in educational institutions and indicates that marriage is a social institution by which a man and a woman are legally united. Therefore, marriage between persons of the same sex was prohibited.

On the one hand, Jordán Rodas, Human Rights Ombudsman of Guatemala, affirmed to journalists that the law violates human rights and international agreements and conventions ratified by the State of Guatemala. On the other hand, Congress asserted that the law initiative should be approved since there are "minority groups in society that propose currents of thought and practices incongruent with Christian morality".

On International Women's Day, Guatemala has taken a step backward in the protection of women's human rights.

Sources and Further Reading:

Prensa Latina. Cuestionan aprobación de ley por la Vida y la Familia en Guatemala < https://www.prensa-latina.cu/2022/03/08/cuestionan-aprobacion-de-ley-por-la-vida-y-la-familia-en-guatemala >

Agencia Guatemalteca de Noticias. Guatemala aprueba Ley de Protección a la Vida y a la Familia < https://agn.gt/guatemala-aprueba-ley-de-proteccion-a-la-vida-y-a-la-familia/> 

Swissinfo. Guatemala aprueba polémica ley contra el aborto y grupos minoritarios < https://www.swissinfo.ch/spa/guatemala-aborto_guatemala-aprueba-polémica-ley-contra-el-aborto-y-grupos-minoritarios/47415364 >