Legal barriers to sentimental abortion and violation of the right to health

Paredes C.A.R.; Acurio J.T. · Justicia (Barranquilla) (2024) · DOI: 10.17081/just.29.46.7426

Resumen

In Peru, high rates of rape and clandestine abortions (about 352,000 annually) put the lives and health of women at risk due to legal restrictions. In this framework, the objective was to analyze how the legal barriers to sentimental abortion with the categories: violation of the right to reproductive health and violation of the right to non-discrimination and equality, affect the right to health of women who undergo abortion. clandestine abortions with the categories: impact on psychological, emotional and behavioral health, as well as restriction of rights, risk of death and health, the research method is approached from a qualitative phenomenological approach, using a descriptive interpretive and dogmatic-legal design. The instrument applied was a structured individual interview, administered under informed consent, the population selected using specific inclusion criteria, consisted of sixteen (16) women victims of sexual abuse who resorted to a clandestine abortion, during the year 2023 obtaining as a result a negative perception towards the legal barriers of sentimental abortion in cases of sexual rape, concluding that recognizing the conceived child as a subject of rights should not be incompatible with the decriminalization of abortion in cases of sexual abuse.

Instituciones: Universidad Nacional del Altiplano; Universidad Peruana Unión