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Costa Rica Seeks Tougher Abortion Penalties

The Costa Rican government, led by President Rodrigo Chaves, has announced its intention to introduce a bill that would significantly increase prison sentences for those involved in abortions. The proposed reform to the Penal Code seeks to align the country’s criminal legislation with a more restrictive stance on abortion, prioritizing the protection of life from conception.

Proposed Changes

  • Increased Penalties: Women who undergo abortions could face up to six years in prison, while those performing abortions without the woman’s consent could face up to 12 years.
  • Specific Circumstances: The bill outlines varying penalties based on the circumstances of the abortion, including the gestational age of the fetus and whether the woman consented to the procedure.
  • Performing an abortion without consent: If performed without the woman’s consent or if the woman is under 15 years old, the penalty would range from six to twelve years imprisonment.
  • Performing an abortion before six months of gestation: The penalty would be four to eight years.
  • Performing an abortion with the woman’s consent: A prison term of four to six years is proposed, regardless of the stage of gestation.
  • Woman causing or consenting to her own abortion: The new law proposes four to six years of imprisonment for the woman, regardless of the stage of pregnancy.

Government’s Stance

“We must punish with greater force those who attempt against the lives of human beings in a state of defenselessness, such as unborn children,” stated Minister of the Presidency, Laura Fernandez.

President Chaves emphasized, “We are going to protect the life of the mother when it is necessary; there is no dispute about that, but we are also going to protect the life of the other human being that, as it happens, is inside a woman, temporarily.”

Current Law and Context

Currently, the only legal abortion in Costa Rica is therapeutic abortion, permitted to save the mother’s life or preserve her physical health. A 2019 technical norm provides guidelines for medical personnel to assess such cases. President Chaves has expressed his strong pro-life stance and his intention to unite conservative sectors against any potential pressure to decriminalize abortion.

The proposed reform is likely to spark debate and discussion within Costa Rica, as it touches upon deeply held beliefs and values regarding abortion and women’s reproductive rights.

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