Who Drafted Draconian Abortion Laws?

Draconian anti-abortion laws are being written by conservative groups, right-wing politicians, and the Supreme Court. In the US, the Supreme Court's 2022 Dobbs decision, which overturned Roe v. Wade, has led to a wave of restrictive abortion laws at the state level. In Florida, for example, Governor Ron DeSantis has been accused of conducting a state-sponsored intimidation campaign against abortion rights, while in Arizona, an 1864 abortion ban has been upheld by the state's Supreme Court, with anyone performing an abortion or assisting someone in obtaining one facing up to five years in prison. In other countries, such as Paraguay, El Salvador, and Ireland, similarly restrictive laws remain in place, despite international pressure for reform.

Draconian abortion laws in the Dominican Republic

The Dominican Republic is one of 24 countries in the world with a complete ban on abortion, even when the pregnant person's life is at risk. This ban has been in place since 1884 and was further entrenched in 2009 when Article 37 of the Dominican Republic's 2010 constitution was ratified, declaring a right to life from conception.

The criminalisation of abortion in the Dominican Republic has had devastating consequences, particularly for women and girls from poor and rural communities. Those who can afford it may travel to another country where abortion is legal or find safe providers domestically. However, many are forced to resort to clandestine abortions, often without the guidance of trained providers, putting their health and lives at risk.

The World Health Organization has identified the following complications that can arise from unsafe abortions:

• Incomplete abortion (failure to remove or expel all of the pregnancy tissue from the uterus)
• Haemorrhage (heavy bleeding)
• Infection
• Uterine perforation (caused when the uterus is pierced by a sharp object)
• Damage to the genital tract and internal organs

Unsafe abortions are the third leading cause of maternal death in the country, causing eight per cent of maternal deaths. An estimated 25,000 women and girls are treated for complications from miscarriages or abortions in the public health system each year.

In 2012, the Dominican Republic's strict anti-abortion laws were thrust into the spotlight when doctors delayed treatment for 16-year-old Rosaura Almonte, also known as Esperancita, who had been diagnosed with acute leukaemia. Esperancita was seven weeks pregnant at the time, and it took 10 weeks of debate before lawmakers decided it would not be illegal for her to receive chemotherapy to save her life. Unfortunately, the delay proved fatal, and Esperancita died on 17 August 2012.

In the aftermath of Esperancita's death, there were calls to reform the country's abortion laws. In 2014, President Danilo Medina approved new legislation that allowed abortion in cases of rape, incest, a foetus with a fatal impairment, or when a woman or girl's life is in danger. However, these reforms were short-lived as religious groups successfully challenged President Medina's changes in the Courts. The country's Constitutional Court is yet to settle the matter.

The current president, Luis Abinador, has suggested a referendum to decide the issue, but this has been criticised by Human Rights Watch, which argues that a referendum is inappropriate as fundamental human rights related to reproductive and sexual health are at stake.

Draconian abortion laws in Paraguay

Paraguay has one of the most restrictive abortion laws in Latin America. Abortion is only legal in the country if the pregnant person's life is at risk. This means that women and girls are forced to continue with pregnancies even in cases of rape or incest, or when the foetus will not survive outside the womb.

The strict abortion prohibitions in Paraguay do not stop abortions from taking place, but they do make them unsafe. In 2018, a 14-year-old girl died as doctors performed an emergency caesarean section in an attempt to save her and the baby. She had been pregnant after being raped by a 37-year-old man and had already spent several weeks in the hospital due to pregnancy-related complications.

The World Health Organization (WHO) has reported that girls aged between 10 and 14 are at a higher risk of complications and death as a result of pregnancy than older girls or women. Amnesty International has urged Paraguay to amend its laws to allow access to safe and legal abortions in cases of rape, incest, or when the foetus is not viable.

The current laws in Paraguay treat women and girls as "mere child-bearing vessels", according to Erika Guevara-Rosas, Americas Director at Amnesty International. The laws cause unnecessary pain and suffering and can have fatal consequences.

Draconian abortion laws in El Salvador

El Salvador's abortion laws are considered to be among the world's most ruthless and draconian. The Latin American nation has a total ban on abortion, with no exceptions made for rape, incest, or medical emergencies. This means that women who obtain an abortion or doctors who perform the procedure can be sentenced to several years in prison.

The impact of these laws has been devastating, with thousands of women and girls forced to continue pregnancies that are the result of rape or incest. There have even been cases of doctors refusing to perform chemotherapy for pregnant women with cancer or refusing to treat ectopic pregnancies until the woman's fallopian tubes burst. The laws have also led to the imprisonment and even deaths of scores of women.

The specific section of the Penal Code that prohibits abortion is Article 133. Under this law, at least 42 women have been convicted of attempted or aggravated homicide after suffering miscarriages or other complications since 1988. In one case, a woman named Teodora Vasquez was sentenced to 30 years in prison for aggravated homicide after suffering a stillbirth while in the ninth month of her pregnancy.

The United Nations human rights wing has called on El Salvador to immediately halt the application of this law and to review all cases to ensure compliance with international human rights standards. The UN rights office highlights that the law disproportionately affects women living in poverty, and that women from wealthier backgrounds are not jailed under similar circumstances.

Despite public opinion shifting towards easing the ban, with three-quarters of people supporting access to abortion when the pregnant woman's health or life is at risk, the Salvadoran administration, a progressive government, does not have the power to overturn the ruling of the conservative court or combat the powerful conservative lobby in the country's congress. As a result, a change in the law seems unlikely.

Draconian abortion laws in Ireland

Ireland's abortion laws have been described as "draconian" and "discriminatory" by Erika Guevara-Rosas, Americas Director at Amnesty International. Ireland only permits abortions if the pregnant person's life is at risk. In all other cases, abortion is a crime punishable by up to 14 years in prison, even in cases of rape, incest, or fatal foetal impairment. This stance has severe consequences and has even resulted in deaths. In 2012, Savita Halappanavar, a dentist living in Ireland, died from septic shock after being denied an abortion as she started to miscarry.

Ireland's abortion laws have sparked national and international outcry and charged discussions, with Amnesty International publishing a report on the issue. The laws have been criticised for treating women as "mere child-bearing vessels" rather than human beings entitled to basic rights.

In Northern Ireland, abortion laws are similarly restrictive. Under the 1861 Offences Against the Person Act, abortion is classified as a "felony" and is criminalised. The 1945 Criminal Justice Act allows abortion only when the mother's life is at risk. As a result, women in Northern Ireland have to travel to England to access abortions, facing financial difficulties and delays in receiving the procedure.

The laws in Northern Ireland have been described as "draconian" and "archaic" by critics, including Professor of Law Sally Sheldon. A recent case involved a mother being prosecuted for giving her daughter abortion pills, which are also illegal under Northern Ireland's abortion laws. Over 200 women in Northern Ireland signed an open letter asking the Public Prosecution Service to "arrest" them for using or providing illegal abortion pills, highlighting the widespread frustration with the current laws.

Draconian abortion laws in the US

In the US, abortion laws vary from state to state, with some states enacting near-total bans. These laws are often referred to as "draconian" due to their restrictive nature and the severe penalties imposed on those who violate them. In this article, we will explore the recent developments in abortion laws across the US and the impact they are having on access to abortion and reproductive rights.

Following the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in June 2022, which overturned Roe v. Wade, many states have introduced or enforced strict abortion bans. For example, in Arizona, the Supreme Court ruled that an 1864 abortion ban, which includes cases of rape or incest, still stands, with the exception of saving the life of the pregnant person. This ruling has sparked outrage and efforts to protect reproductive rights, such as the Arizona Abortion Access group's campaign to enshrine the right to abortion in the state constitution.

Florida has also introduced a near-total ban on abortions after the first six weeks of pregnancy. The state's governor, Ron DeSantis, has been accused of conducting a "state-sponsored intimidation campaign" against abortion rights by using state government agencies and public funds to block the passage of Amendment 4, which would protect a woman's right to abortion. These actions have included unannounced visits from law enforcement personnel to the homes of registered voters who support abortion rights.

The impact of these draconian abortion laws has been significant. Abortion providers have closed or moved to other states, and physicians have fled restrictive states or left the medical profession altogether. Access to abortion pills has also been heavily restricted, and there has been a rise in pregnancy-related prosecutions. The backlash to these laws has been strong, with citizens in several states voting for ballot measures protecting abortion access, and the issue is expected to play a significant role in the upcoming presidential election.

Some conservative groups are aiming to use an 1873 law, the Comstock Act, to further restrict abortion access. The Comstock Act bans the mailing of anything related to performing abortions, and its enforcement could effectively end abortion nationwide. This plan has gained traction among powerful Republicans, including Supreme Court Justices Samuel Alito and Clarence Thomas.

The US's abortion laws remain a highly contentious and divisive issue, with those in support of strict abortion bans arguing for the right to life and those opposed arguing for reproductive freedom and the protection of women's health and rights. The impact of these laws is far-reaching, and the ongoing battle over abortion rights in the US is expected to continue for the foreseeable future.

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