Apr 26th 2007 | MEXICO CITY From The Economist print edition
A landmark abortion law marks the start of American-style culture wars THE idea of legalising abortion has long been a taboo in Latin America, thanks largely to the influence of the Catholic church. Most countries in the region allow abortion only in exceptional cases, such as foetal malformation, rape or danger to the mother's life. Chile, El Salvador and, since last year, Nicaragua prohibit termination in all circumstances. Only communist Cuba (and Puerto Rico, part of the United States) allow abortion on demand.
AFP They want the right to choose
This makes the decision on April 24th by Mexico City's legislative assembly all the more noteworthy. More than two-thirds of the assembly members voted to approve a law that will allow abortion on demand during the first 12 weeks of pregnancy. It requires the Federal District's hospitals to perform abortions and potentially opens the way for specialised private clinics. There is nothing in the law to stop unhappily pregnant women elsewhere in Mexico, or in other Latin American countries, from travelling to Mexico City to obtain the safe and legal abortion they cannot get at home.
That prospect appals opponents, who included not just the church but Mexico's conservative president, Felipe Calderón, and his wife. Proponents say it will put an end to a widespread and dangerous trade in illegal abortions. These kill up to 1,500 women a year, according to activists for women's rights.
The law is a sign of both social and political change in Mexico. During most of its seven decades of rule, the anti-clerical Institutional Revolutionary Party (PRI ) banned the Catholic church from public life but was careful not to offend the deeply held religiosity of Mexicans.
A series of sex-abuse scandals involving priests has corroded the church's reputation in recent years. And as it has become more urban and educated, Mexico has become less socially conservative. But only up to a point: polls show opinion on legalising abortion evenly split, though with a small majority in favour in the capital. Perhaps the biggest change has been a new willingness among politicians to debate social and moral issues since Mexico became a full democracy with the defeat of the PRI in 2000. Only a few years ago feminists would say that legalising abortion was impossible. Equally, conservatives were shy about calling for a crackdown on illegal abortion. There was an unstated pact of avoidance.
The initiative for the law came in part from the PRI . It was backed by the left-wing Party of the Democratic Revolution (PRD ), which has governed the Federal District since this became a state in 1997. Unlike his predecessor, Andrés Manuel López Obrador, Mexico City's new governor, Marcelo Ebrard, has championed socially liberal causes. The law was opposed by Mr Calderón's National Action Party, which has close ties to the church.
The law provoked passionate campaigning on both sides. Opponents played recordings of crying babies outside the legislature. Bishops threatened supporters of the measure with excommunication. Proponents of the law invoked women's right to choose and pointed to the hypocrisy of back-street abortions. In an echo of the abortion debate in the United States, both sides used aggressive television advertisements fronted by celebrities.
Just as happened north of the border, the final decision may lie with the Supreme Court. Anti-abortionists vow to challenge the law as unconstitutional; some also plan to picket clinics. Conservatives may try to enact even more restrictive abortion laws in states they control.
While making his views clear, President Calderón kept his distance from the debate. That stance may be hard to maintain. The law is a landmark for women's rights in Latin America. It may set a wider trend: last year Colombia's Constitutional Court loosened a previously total ban on abortions. Such changes may also mark the import of American-style “culture wars” into Mexico and Latin America. In a region where economics and social policy have long dominated political debate, that is a sign of growing prosperity and deepening democracy.
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