The Costa Rican Penal Code in its article 121 establishes that no abortion performed to protect the life or health of the mother, carried with the consent of the woman and participation of an authorized physician or obstetrician, can be punished. This is known as "abortion with impunity". However, the lack of a regulatory norm makes application difficult. Article 93 allows the judges to grant judicial pardon to a woman who has caused her own abortion as a consequence of rape.
Laura Chinchilla, strictly opposed to the legalisation of abortion, was president of Costa Rica from 2010 to 2014, during which reforms to the law were not expected.
Therapeutic abortion Therapeutic abortion refers to the termination of a pregnancy for medical reasons aimed at protecting the health or life of the pregnant person. This type of abortion is performed when continuing the pregnancy poses a significant risk to the physical or mental well-being of the pregnant individual. According to the
Center for Reproductive Rights (translated from Spanish),
therapeutic abortion is legal according to Article 121 of the Penal Code. Although it might be technically allowed, public hospitals, where the majority of Costa Ricans seek medical treatment, generally decline to provide the procedure unless a woman's life is on the line, such as in the situation of an ectopic pregnancy. Adequate measures have not been taken to guarantee this right. Specifically, there are no specialised protocols or guides that tell health care workers how to proceed with an abortion if the life or physical or mental health of the woman is at risk. There are also no effective judicial or administrative mechanisms through which this procedure can be demanded to be performed."
Carlos Alvarado On December 12th 2019, Costa Rica's President
Carlos Alvarado issued a technical decree that allowed for therapeutic abortions in the Central American nation, despite opposition from religious and conservative political groups. The measure outlined clearer requirements for medical professionals and enabled the first therapeutic abortions to be performed within six months at public hospitals.
Fabricio Alvarado, leader of the opposition, actively participated in the protest and accused the government of attempting to enforce "unlimited abortion" in defiance of the majority's wishes. "To doctors, my call is also that, faithful to the principle and vocation to which they have consecrated themselves, allow them to place their gifts at the service of the mother and her son," Bishop Herrera said. The discussions centred around the topic of abortion, particularly the therapeutic interruption of pregnancy Following the meeting, the newly appointed Minister of Health, Joselyn Chacón, announced a forthcoming review of the technical standard concerning therapeutic abortion. Chacón emphasised that this review, scheduled for June 2022, aimed to ensure that the regulations accurately reflect the government's commitment to prioritising the life of the mother. Chacón stated that the revision process would involve a commission and comprehensive studies on the subject. She emphasised the alignment of this initiative with the requests made by the bishops during the meeting with President Chaves Robles. Chacón reiterated that the government's stance is not in favour of pro-abortion policies but is steadfast in safeguarding the mother's life. President Chaves Robles articulated his position on the revision of the technical standard. He highlighted that the primary objective of this review is to eliminate any potential loopholes that might arise. He reiterated his unwavering commitment to ensuring that the standard serves the explicit purpose of regulating situations where a pregnancy jeopardizes the life of the mother. Chaves Robles acknowledged his limited expertise on the matter but emphasised that any deviations from the core objective of protecting the mother's life would warrant careful examination. The technical standard, initially signed in December 2019 by then-President Carlos Alvarado, holds paramount importance in the landscape of abortion regulations in Costa Rica. It establishes the framework for the application of therapeutic abortion within the country, outlining the necessary regulations and procedures. Griselda Ugalde, former president of the College of Nurses and a participant in the commission's work, conveyed that the commission found no need for changes to the document. However, any further progress or action regarding the technical standard is contingent upon the decision of Joselyn Chacón, the Minister of Health. Griselda Ugalde highlighted the persistence of patriarchal, homophobic, and misogynistic attitudes in Costa Rican society. She acknowledged that despite progress, there may be limited support for therapeutic abortion. The lack of implementation of the existing norm posed questions about the necessity of the review process. The challenges surrounding personnel training and evaluation processes were noted as factors contributing to the limited application of the standard. The consensus reached by the commission was that modifications to the technical standard were unnecessary given its evaluation. Larissa Arroyo, a representative for individuals who were compelled to carry unviable pregnancies to term, pointed out that while the technical norm might not be ideal according to international standards, it represents progress within Costa Rica's legal framework. The possibility of a review process raised concerns about resource allocation and accountability. == Catholic church ==