Chile’s Proposed New Constitution: Examining Abortion Provisions and the Battle for the Right to Life
On the upcoming Sunday, the fate of Chile’s current Constitution will be decided in a crucial referendum. The existing Constitution has been in effect since the time of Augusto Pinochet’s dictatorship. This referendum is part of the constituent process that began in 2020, following widespread demonstrations in response to the country’s high cost of living and inequality.
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The process of drafting a new constitution has been a long and arduous one. In 2022, the first draft of the new constitution was rejected by millions of Chileans in a referendum, signaling discontent with the proposed changes. The process continued, and now Chileans have the opportunity to vote again and determine the future of their country’s Constitution.
There have been arguments made by some observers that the present draft of the constitution is actually more conservative than the one that existed during the dictatorship. This is a surprising turn of events, as the initial effort was led by a group of liberals. The document they produced included numerous provisions that secured social rights and imposed broad environmental safeguards. However, voters rejected this draft in September 2022, deeming it too extreme.
The new right-wing Constituent Assembly took over and prepared a 216-article program that prioritized private property rights and imposed stringent restrictions on immigration and abortion. It is the latter issue that has garnered significant attention and is the focus of the upcoming constitutional amendment that voters will decide on this Sunday.
The proposed amendment aims to enshrine the “right to life and the protection of the life of the unborn child” for all citizens in the constitution. This amendment aligns with the prevailing conservative stance in Chile, where the lives of unborn children are already protected under the present Constitution. However, some concerns have been raised that this shift in focus from “what” to “who” may weaken the existing Law on Voluntary Termination of Pregnancy for Three Reasons, which has been in effect for six years.
As of 2017, the only three circumstances in which abortion is permitted in Chile are when there is a threat to the mother’s life, when the embryo or fetus is not viable, or when the pregnancy is the result of rape. Advocates for the amendment argue that by emphasizing the humanity of the unborn child through the use of the word “who,” they aim to challenge the validity of the existing abortion law.
However, there are differing opinions on the matter. Some argue that the Constitutional Council should not be drawn into debates surrounding free abortion or the abandonment of the three reasons for abortion. They believe that consistency is crucial during this critical time. Others assert that the unborn child deserves legal protection as the most defenseless human being and that the right to life should be explicitly and firmly enshrined in the Constitution.
The referendum on the proposed constitutional amendment will have far-reaching consequences for the reproductive rights and freedoms of women in Chile. The outcome will shape the country’s stance on abortion and determine whether access to safe and legal abortions will be further restricted or expanded. As Chileans go to the polls this Sunday, their decision will have a significant impact on the future of reproductive rights in the country.
