WGNRR condemns the Dominican Republic’s recent decision to Repeal Abortion Law
The Women’s Global Network for Reproductive Rights condemns the recent Constitutional ruling in the Dominican Republic, which declares unconstitutional the 2014 amendment to the penal code to decriminalize abortion under limited circumstances.[1] This is a drastic step backwards, as it reinstates an archaic code from 1884 that denies women and girls access to abortion in all circumstances, and criminalizes them for seeking one, even in cases of rape or incest; where a pregnancy poses a risk to a woman’s or girl’s life or health, or where a fetus will be unable to survive outside the womb.
The penal code reforms were due to take effect on 19 December, a year after being passed by the Dominican Republic’s Congress and approved by President Danilo Medina. But, following an appeal by three religious and conservative pressure groups earlier this year alleging procedural errors, amongst other things, the Court deemed the reforms unconstitutional.[2]
As has already been stated by various Human Rights organizations,[3] a total ban of abortion violates women’s rights, as it puts their lives and health at risk, and goes against human rights international treaties that protect the life, health and bodily autonomy of women such as the Belem do Para Convention[4], and the Convention for the Elimination of all forms of Discrimination against Women (CEDAW)[5] both of which have been ratified by the Dominican Republic. Human Rights Bodies have also stated that forcing a woman to undergo a pregnancy, even when the pregnancy is a result of rape or presents a threat to the woman’s life, is measurable to an act of torture and constitutes institutional violence.
The consequences of these restrictive laws are extremely negative and have a gross impact on public health, as they perpetuate maternal morbidity and mortality related to unsafe abortion. The illegality of abortion has led countless numbers of women to seek unsafe abortions, putting their lives, personal security and health at risk. These laws also restrict the work of abortion service providers, as well as that of Women Human Rights Defenders who work to expand access to safe abortion, as a result of the fear of being criminalized for their work.
We believe it is high time for Dominican women to live a life free from all forms of violence and discrimination. We call upon the government of the Dominican Republic to take all measures necessary to reverse this abhorrent ruling, and ensure that national laws conform with the international treaties and human rights standards to which the country has committed.
[1] Código Penal de la República Dominicana (Nov. 18, 2014) disponible en http://www.camaradediputados.gov.do/masterlex/MLX/docs/2E/2/87EE/93D6.pdf
[2] https://www.amnesty.org/en/latest/news/2015/12/dominican-republic-takes-womens-rights-back-to-1884/
[3] Convención Interamericana para Prevenir, Sancionar y Erradicar la Violencia contra la Mujer (Convención de Belem do Pará) Ratificado por la República Dominicana el 3de Julio 1996. Disponible en: http://www.oas.org/juridico/spanish/tratados/a-61.html.
[4] Ver también la Declaración de Naciones Unidas sobre la Eliminación de todas las formas de Violencia contra la Mujer de 1993 disponible en http://www.un.org/documents/ga/res/48/a48r104.htm. WGNRR es una red global con sede en el sur que crea y refuerza movimientos por los derechos de salud sexual y reproductiva (DDSSRR) y la justicia. No es una entidad financiera. Goza de estatus consultivo con el ECOSOC. www.wgnrr.org www.facebook.com/WGNRR www.twitter.com/WGNRR 2 i