Even though abortion is illegal in almost all countries in the region, most countries allow criminal penalties to be waived or lowered in specific circumstances, including -most often- where the life or health of the pregnant woman is in danger, or where the pregnancy is the result of rape or incest.
Antigua and Barbuda
Abortion is permitted in this country to preserve the life of the woman according to the Protection of the Life of the Child Law (1929) which was then amended in 1938 by the judges, to include "the quality of life of the woman" that is described both as physical and mental health (Pheterson y Azize Vargas,2005). Abortions beyond 16 weeks of pregnancy are not allowed and an authorization of a Committee of doctors is required in all cases.
Bahamas
The penal code of Bahamas does not penalize abortion if the health or life of the woman is at risk. No reference is made to abortion when the pregnancy is the result of rape. The sanction for induced abortion is 10 years of prison.
Belize
The Penal Code of Belize (1980) penalizes abortion with 14 years of prison both for the woman and for whoever practices it. Only two exceptions are established: a) when the health or life of the woman is at risk, b) when the foetus presents malformations. Both cases require a registered doctor to perform the interruption, and the authorization of two other doctors.
Cayman Islands
The Cayman Islands are part of the UK. In this country, an amendment to the Penal Code (Act No.12, 1975) permits abortion if there is proof that it was performed in "good faith", with the only purpose of preserving the life of the mother and always performed by an authorized professional.
Costa Rica
In Costa Rica abortion is considered a crime. This may be explained by the fact that the Constitution of Costa Rica establishes that the religion of the State is that of the Roman Catholic Church and that the clergy can participate in all issues related to sexuality and reproduction (article 75). However, article 121 of the Penal Code authorizes therapeutic abortion when the health and life of the woman is at risk.
Cuba
Cuba was the first country to sign and the second to ratify the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Abortion is legal in the country since 1965, recognizing it as a woman's right. The maximum period of time to file for legal abortion is 10 weeks of pregnancy, from that moment onwards abortion is only legal if the health of the woman is at risk. Abortions practiced outside the public health system are penalized.
Dominica
This small island, situated at the south of Puerto Rico, allows abortion only to save the life of the woman.
Grenada
Legislation is exactly the same as in The Bahamas.
Guatemala
Abortion is illegal except to protect the life of the woman.
Haiti
In this country, former French colony, abortion is only legal in order to save the life of the woman. Illegal abortion penalizes with prison both the woman and whoever practices it.
Jamaica
There are only two exceptions: in order to save the woman's life or to preserve her physical and mental health.
Panama
The Penal Code of Panama (1982), establishes three cases in which abortion is not penalized: ethical- in case of rape or incest; therapeutic - to save the life of the pregnant woman; in case of foetal malformations. (Cumbrera Díaz, 1997).
Paraguay
Abortion legislation in Paraguay has remained unchanged since 1937. Abortion is illegal in all cases except when the life of the woman is at risk.
Peru
In Peru, abortion is illegal in all cases except when the life of the woman is at risk or to avoid health complications. The only authorized figures to practice abortion are doctors that should always have the woman's consent and the favourable opinion of two colleagues.
Puerto Rico
In Puerto Rico abortion is legal since 1973, after the well known case of Roe vs. Wade, when the Supreme Court of the United States established that abortion, under the US Constitution, is a fundamental right. Counter legislative proposals that aim to restrict the right to abortion have come mainly from the catholic church and pro-choice groups. In March 2006, the catholic church opposed the right to abortion of a 10 year old girl that was raped by her father.
Saint Kitts and Nevis
Abortion legislation in this country composed of two islands is the same as in Antigua and Barbuda. Abortion is illegal in all cases except when the life or health of the woman is at risk.
Saint Lucia
The Penal Code of Saint Lucia establishes that if abortion is intentionally or accidentally provoked by any kind of medical treatment undergone to preserve the health or life of the pregnant woman, it will not be penalized.
Saint Vincent and the Grenadines
According to the criminal code of Saint Vincent and the Grenadines, anyone who tries to or practices an abortion faces a sanction of 14 years prison. The woman is given 7 years prison. However, abortion is not penalized if you can prove socioeconomic and health reasons that may affect the already born children or if the pregnancy is the result of rape or incest.
Suriname
Abortion is legal in Suriname according to the "principles of necessity" general law only to save the life of the pregnant woman. Anyone who tries to or practices an abortion faces a sanction of up to 4 years in prison while the woman gets 3 years.
Trinidad and Tobago
Abortion is legal in Suriname according to the "principles of necessity" general law only to save the life or health of the pregnant woman.
Venezuela
In Venezuela abortion is only permitted to save the life of the woman in which case the woman, her husband or her legal representative (in case she is single or a minor) must present her written consent. The law establishes up to 2 years prison for the woman who aborts while whoever practices the abortion faces up to 30 months prison. If the husband were responsible for the abortion, the sanctions are more severe.
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