CHILE-ABORTION-TBs-CCPR

Concluding Observations on Report 7 (2024) (Link)

Voluntary termination of pregnancy and reproductive rights

21. The Committee takes note of Act No. 21.030, which regulates the decriminalization of voluntary termination of pregnancy on three grounds. However, the Committee is concerned that incest is not expressly included, that publicizing abortion is prohibited and that other practical obstacles conspire to impede effective access to abortion. The Committee is also concerned that high levels of conscientious objection by individuals and so-called “institutional conscientious objection” may be hindering the realization of the right to safe and legal abortion. The Committee is also concerned about the reported distribution of defective contraceptive drugs by the public health system, which has resulted in unwanted pregnancies, and about the fact that the persons affected experienced difficulties in gaining access to abortion (arts. 6 and 7).

 22. Bearing in mind the Committee’s general comment No. 36 (2018) on the right to life, the State party should:

(a) Redouble its efforts to ensure safe, legal and effective access for women and girls to voluntary termination of pregnancy when their lives and health are at risk, or when carrying a pregnancy to term would cause them considerable physical or mental pain or suffering, especially when the pregnancy is the result of rape or incest or when the pregnancy is not viable;

(b) Review the impact of the regulatory framework in force to prevent women from resorting to clandestine abortions that put their lives and health at risk;

(c) Ensure that, in practice, conscientious objection is not a barrier to safe, legal and effective abortion;

(d) Ensure effective access to sexual and reproductive health services throughout the country, with a view to, inter alia, preventing unwanted pregnancies, especially among adolescent girls, and guaranteeing full access to adequate services of this kind and to appropriate, quality and affordable methods of contraception, and provide an effective remedy to all persons affected by defective contraceptive drugs;

(e) Strengthen its awareness-raising, information and education campaigns on sexual and reproductive health, and step up its efforts to prevent unwanted pregnancies, especially among girls and adolescents.

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Concluding Observations on Report 6 (2014) (Link)

Abortion

15. The Committee, recalling its previous concluding observations (CCPR/C/CHL/CO/5, para. 8), expresses its concern at the continued, absolute criminalization of abortion, which forces pregnant women to seek backstreet abortions that endanger their lives and their health. While the Committee takes note of the information provided by the delegation concerning a bill under consideration that makes provision for exceptions to the absolute prohibition of abortion, it notes with concern that the bill does not provide for an exception to be made in cases where a pregnancy is the result of incest. The Committee is also concerned about the high rates of backstreet abortion, which is associated with more maternal deaths, and about teenage pregnancies (arts. 3 and 6).

The State party should establish exceptions to the general prohibition of abortion to take account of therapeutic abortion and cases where a pregnancy is the result of rape or incest. The State party should ensure that all women and adolescents have access to reproductive health services in all parts of the country. The State party should, furthermore, increase the number of sexual and reproductive health education and awareness-raising programmes, particularly for adolescents, and make sure that they are implemented.

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Concluding Observations on Report 5 (2007) (Link)

8. The Committee reiterates its concern about Chile’s unduly restrictive abortion laws, particularly in cases where the mother’s life is in danger. The Committee regrets the fact that the Chilean Government has no plans to legislate in this area (article 6 of the Covenant).

The State party should amend its abortion laws to help women avoid unwanted pregnancies and not have to resort to illegal abortions that could put their lives at risk. The State party should also bring its abortion laws into line with the Covenant.

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Concluding Observations on Report 4 (1999) (Link)

211. The criminalization of all abortions, without exception, raises serious issues, especially in the light of unrefuted reports that many women undergo illegal abortions which pose a threat to their lives. The legal duty imposed upon health personnel to report cases of women who have undergone abortions may inhibit women from seeking medical treatment, thereby endangering their lives. The State party has a duty to take measures to ensure the right to life of all persons, including pregnant women whose pregnancies are terminated. In this regard:

The Committee recommends that the law be amended so as to introduce exceptions to the general prohibition of all abortions and to protect the confidentiality of medical information.

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Concluding Observations on Report 3 (1989) (Link)

181. …They also asked whether abortion was considered a criminal offence in Chile and punished in all cases and how many abortions were carried out each year.

186. …Chilean legislation protected the life of an unborn child from the moment of conception and abortion was an offence even for therapeutic purposes, although in some cases the doctor was not held responsible. Punishment was not directed at the pregnant woman, who was generally considered as a victim, but rather at the persons who practised abortion.

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Concluding Observations on Report 2 (1984) (Link)

[no mention]

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Concluding Observations on Report 1 (1979) (Link)

[no mention]

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