Moving from Formal to Substantive Equality
Senator Moreira explained that the framing of abortion evolved along the way. It was originally presented as a matter of health, since when abortion is illegal the procedure is often performed in unsafe conditions that can lead to the woman’s death. Later, it was framed as the right to control our own bodies, and finally, it was framed in terms of a freedom – if a woman is obligated to carry an unwanted pregnancy, this is a form of violence against her bodily autonomy. These ardent defences were necessary in spite of abortion already being legal in Uruguay under a number of conditions.
The role of women’s movements in Uruguay cannot be understated when it came to defending the law. While women’s groups were harsh critics when certain provisions had to be dropped to get the necessary votes for the law – such as the right to abortion (it was only decriminalized) – they were also the law’s most formidable defenders when an initiative was raised to repeal it. This is the challenge of politics, Senator Moreira commented. “For all progress in women’s rights, it is necessary to find a middle ground between the highest demands of social movements and the requirement of political parties to negotiate.”
The Law of Voluntary Interruption of Pregnancy has three important components: 1) elective abortion until 12 weeks is a woman’s choice entirely, 2) the health system is required to provide abortion as a medical service, and 3) abortion services are to be provided to all women in the country free of charge.
When asked about examples of the positive outcomes since the
passing of the law, Senator Moreira highlighted the following: first, there has not been a single registered maternal death due to abortion – a statistic met by applause from the audience – and second, there has been a decrease in the rate of teenage pregnancy, despite the increasingly young age at which girls have sex for the first time.
Senator Moreira stressed that the law is a good one, but that its implementation is deficient. She said,
There is a great distance between
the law and it becoming a right.
For example, some doctors morally object to the procedure, so in certain places women are forced to travel to another province to receive it. In addition, women continue to seek clandestine services due to the stigmatization associated with abortion. When turning a crime into a right, there is a lingering sense of guilt among much of the population that must be deconstructed.
In reflecting on her career as a woman politician advocating for these rights, Senator Moreira pulled from her experience as a presidential candidate running against Tabaré Vázquez. “I lost, he won,” she said, “but I can tell you that I could write a book, or many, about the difficulties of women’s leadership in the big game … when we compete for the top positions. And I will also say very openly that I am a senator because a man put me on the list … I was a presidential candidate because many women
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