[News] Venezuela - The Struggle to Decriminalize Abortion: A Conversation with Laura Cano

[Anti-Imperialist News]

venezuelanalysis.com <https://www.venezuelanalysis.com/interviews/15605>
The Struggle to Decriminalize Abortion: A Conversation with Laura Cano
By Cira Pascual Marquina – September 25, 2022
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[image: image.png]

*Despite Venezuela’s constitution being progressive in many senses,
abortion remains illegal in the country. However, the past few years have
seen the emergence of **Ruta Verde* <https://rutaverdevzla.com/>* [Green
Route], a robust feminist coalition organized to promote the
decriminalization of abortion. The Ruta Verde is currently promoting a new
law that it believes would take the first steps toward legalizing abortion.
We talk to Laura Cano, a young feminist militant who is part of both Ruta
Verde and **Tinta Violeta* <https://entintavioleta.com.ve/>* – an
organization that combats machista violence – about the current status of
abortion in Venezuela and the struggle to legalize it. *

*What is the legal status of abortion in Venezuela right now?*

Abortion is basically illegal. In fact, Venezuela’s legal framework, when
it comes to pregnancy, is one of the most restrictive on the continent: it
is similar to Paraguay’s and Guatemala’s.

The only legal justification for abortion is when the mother’s life is at
immediate risk, and the doctor has the exclusive prerogative to decide.

As you know, there have been advances in this struggle across the
continent. Last year Mexico decriminalized abortion, and little by little
Mexican states are legalizing it. This victory, of course, is rightfully
claimed by feminists. The end of 2020 saw the decriminalization of abortion
in Argentina, while Uruguay had already done it in 2019… For its part, Cuba
has guaranteed access to abortion since 1961. That’s 61 years ago!

Of course, there are counter-tendencies too. The overturning of Roe v. Wade
in the US has been a hard blow against women. It teaches us that
ultraconservative currents will never cease in their effort to restrict
women’s basic human rights.

[image: Ruta Verde march for the legalization of abortion, September 28,
2021, Caracas. The banner reads “Legal Abortion Now.” (Ruta Verde)]
<https://www.venezuelanalysis.com/files/images/%5Bsite-date-yyyy%5D/%5Bsite-date-mm%5D/marcha_28_sept.jpg>

Ruta Verde march for the legalization of abortion, September 28, 2021,
Caracas. The banner reads “Legal Abortion Now.” (Ruta Verde)

*The Venezuelan Penal Code dates back to the second decade of the 20th
century. Much of it has been changed since, but the four articles that
penalize abortion [430-434] remain untouched. Is the text actually
enforced?*

Unfortunately, the Penal Code is in force when it comes to criminalizing
abortion: people are prosecuted both for terminating pregnancies and for
accompanying the process. On top of that, when the life of the mother is at
risk and the legislation actually allows for pregnancy termination, there
is no legal protocol in place. This means that there is a gray area, and
many doctors end up making decisions based on their religious beliefs and
personal values.

*Let’s clarify this with an example. A 15-year-old girl who was raped and
is pregnant cannot have an abortion?*

That’s correct. The code penalizes the woman (or girl) who had the abortion
and any person who accompanies or is privy to the abortion, including
doctors, family members, and so on. According to the Penal Code, this
“crime” can lead to six months to two years in prison. Furthermore, charges
such as criminal association can be added to the original charge to make
the sentence even longer.

Teen pregnancy, rape, incest, congenital malformation of the fetus – none
of these are considered legal justification for an abortion in Venezuela!

The situation is so critical that in 2018 the feminist organization Faldas R
<https://venezuelanalysis.com/interviews/15005> introduced a nullity action
to the Supreme Court. The text demands that the Penal Code articles
criminalizing abortion be eliminated, highlighting the fact that they are
unconstitutional. Tinta Violeta co-signed that nullity action in 2019.
Unfortunately, we haven’t heard back from the Supreme Court since.

The nullity action’s text argues that – based on the human-rights focus of
our Constitution – the state should decriminalize abortion in at least five
basic legal grounds: when the physical or psychological health of the
mother is at risk, when the pregnant person is a minor, when the pregnancy
is the outcome of rape or incest, and when the fetus is not viable.

So, going back to your question, not only is a 15-year-old rape victim
banned from pursuing an abortion, but the legal framework could force her
into a dangerous, clandestine abortion that may bring an end to her life.

The current legislation impinges on our dignity and our lives.

[image: Ruta Verde march for the legalization of abortion, September 28,
2021, Caracas. (Sputnik / Hernán Cano)]
<https://www.venezuelanalysis.com/files/images/%5Bsite-date-yyyy%5D/%5Bsite-date-mm%5D/marcha_28_sept_21.png>

Ruta Verde march for the legalization of abortion, September 28, 2021,
Caracas. (Sputnik / Hernán Cano)

*What is the implication of the current legislation for women and pregnant
people in general?*

The concept of a “pregnant person” does not exist in the Venezuelan
legislation. This means that trans and non-binary people are further
invisibilized, particularly when it comes to terminating a pregnancy.

As it is, criminalizing abortion invisibilizes a large swath of the
population. Affluent people can look for safe options if they want to
pursue an abortion. This is the case here and everywhere, and that is why
we say that criminalizing abortion is a class-based policy.

Here, in Venezuela, access to information and to medical and economic
resources to pursue a safe abortion is very limited among poor,
working-class women. The information available is generally provided by
grassroots organizations that have limited reach. Still, feminist
organizations are doing important work on this matter
<https://venezuelanalysis.com/interviews/15005>.

On top of that, there is the issue of social ostracizing: a national debate
on abortion hasn’t happened, so patriarchal precepts are alive and well.
That is why we call for both the *legal *and *social *decriminalization of
abortion.

The criminalization of abortion is part of a general context of limited
public policy initiatives when it comes to sexual and reproductive health –
including sex education and free access to contraceptives. This generates a
situation that hurts the human rights of a large swath of the population.

*Are there statistics available on the impact of criminalizing abortion?*

Official data tells that clandestine abortions are the third cause of
maternal mortality in Venezuela. However, since the practice is illegal and
pursued in clandestinity, we know that many cases go unreported.

The World Health Organization states that abortion is a basic human right,
adding that, from an intersectional perspective, pregnancy termination
rights help narrow the existing inequality gap between people due to their
gender, race, and economic situation.

That is why, in Tinta Violeta and in most of the organizations that are
part of the Ruta Verde, we believe that not only will legalizing abortion
save lives; it will also help reduce inequalities in our society, promote
life with dignity, and limit the extent of discrimination and gender-based
violences.

At the end of the day, the struggle for the legalization of abortion is a
class struggle.

In these times of crisis, it is very important that the state recognize our
sexual and reproductive rights. There also has to be a cultural
transformation, but sexual education and decriminalizing abortion will go a
long way in that direction.

*You mentioned the Ruta Verde. Can you tell us more about this initiative?*

Ruta Verde is a feminist, grassroots campaign for the right to terminate
pregnancies. Founded in 2021, it places particular emphasis on access to
information and on generating appropriate social and legal conditions to
pursue an abortion. We do not want to be criminalized when we take
autonomous decisions over our bodies!

Ruta Verde brings together organizations and people that represent
different political tendencies, thus avoiding polarization in a struggle
that need not be polarized. Basically, we all share one premise: struggling
for legal and social change, so that women and pregnant people will be able
to decide for themselves. We work together for the fundamental human rights
of girls, women, trans, and non-binary people.

Ruta Verde is a space for reflection, connection, strategy, and alliance
building, and struggle toward the legal and social decriminalization of
abortion.

One year ago, on September 28, 2021
<https://venezuelanalysis.com/news/15336>, we saw the largest mobilization
for the decriminalization of abortion in our history. As September 28,
2022, approaches, we are working to take the streets again with the
diversity, joy, and combative spirit that characterize our movement.

Our immediate objective is to eliminate Articles 430 to 434 of the Penal
Code, which criminalize abortion.

*How have state institutions responded to the Ruta Verde demands?*

Last year, on September 28, we had a meeting with the National Assembly’s
Commission on Social Development, and we presented our proposed Organic Law
for Sexual Rights and Reproductive Rights
<https://rutaverdevzla.com/proyecto-de-ley-organica-sobre-derechos-sexuales-y-derechos-reproductivos/>.
Of course, our work didn’t stop there: we have continued to lobby and,
while there has been no substantive progress, we have seen a willingness to
debate abortion in certain sectors of the National Assembly for the first
time.

In any case, since the proposal has not reached the Assembly’s floor, we
are now advancing through a dual track: lobbying and collecting signatures.
Article 74 of Venezuela’s constitution grants the people the right to bring
a law to the National Assembly floor if 1% of the electoral census
subscribes the proposal.

The organizations and people who make up Ruta Verde are now in the midst of
a drive to gather thousands of signatures. When we reach 1% of the
electoral census [21,000 signatures], the National Assembly will be legally
bound to debate the proposal.

We have gathered more than 3000 signatures so far. We are doing assemblies,
educational workshops, and signature drives, and our upcoming march on
September 28 will be an important chance to make ourselves heard.

[image: Signature drives for the Organic Law for Sexual Rights and
Reproductive Rights. (Ruta Verde)]
<https://www.venezuelanalysis.com/files/images/%5Bsite-date-yyyy%5D/%5Bsite-date-mm%5D/firmas.png>

Signature drives for the Organic Law for Sexual Rights and Reproductive
Rights. (Ruta Verde)

*Can you explain the proposed Organic Law for Sexual Rights and
Reproductive Rights to us?*

The law has six chapters that grant the right to information and sex
education; the right to be recognized according to one’s gender identity,
gender expression, and sexual orientation; the right to pleasure and
erotism; and the right to freely determine sexual association. Of course,
the law also touches upon people’s reproductive rights; that would entail
family planning and contraceptives (including the morning-after pill)
becoming easily accessible while punishing obstetric violence.

Additionally, the law’s final chapter guarantees that, when the mother’s
life is at risk (which is the only situation in which abortion is legal in
Venezuela), the Penal Code will actually be activated. A legal mechanism is
needed so that medical personnel in public and private medical centers
cannot obstruct an abortion by alleging personal beliefs.

Finally, the law closes with a disposition that would eliminate Articles
430 to 434 of the Penal Code. In other words, the law would pave the way
for the decriminalization of abortion.

We think that this is a progressive law. It recognizes the rights of
pregnant people, women, and children. Furthermore, it sets the bases for
humanized childbirth.
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