Article 121 of the Costa Rican Penal Code states that “abortion practiced with the consent of a woman by a doctor or an authorized obstetrician is not punishable if it has been done in order to avoid danger to the life or health of the mother.”
However, in recent years women in Costa Rica with high-risk pregnancies that threaten their health have found it difficult and at times impossible to use this law, as no stated clear procedures exist for health practitioners to implement it which leads many to fear legal repercussions.
Two women, identified as Ana and Aurora, brought a suit against Costa Rica to the Inter-American Commission on Human Rights (IACHR) after being denied therapeutic abortions in 2007 and 2012, respectively, putting their lives at risk.
The international court ruled Costa Rica needed to provide the medical procedure in such cases.
As a result, in October 2015, the Costa Rican government initiated a conciliatory process and agreed to create norms for applying therapeutic abortion in public and private health facilities. A draft of the regulation has been in negotiation without a completion date set, and progress on it has been stalled for several months, according to non-profit women’s health groups who are involved with the process.
The Costa Rican non-governmental organization Acceder explained that therapeutic abortion is legal in the country, but doctors often do not practice it because of ignorance, fear or prejudice.
The group spearheaded a campaign which launched this week called # SaludyVida121 which lays out a medical and human rights perspective on the issue in a short video.
Human rights lawyer for Acceder, Larissa Arroyo, said that the delay in non-compliance with the international commitment made by Costa Rica is evident, and although the negotiations are still ongoing, the process has been stagnant for months.
“Under a social and democratic rule of law, women should be guaranteed therapeutic abortion when they decide it is the best option. This has nothing to do with promoting abortion – we are talking about specific cases when health or life is jeopardized. The imposition of personal beliefs can not be placed above legality. We have to comply with the law and human rights commitments and guidelines,” said the activist in an interview with the digital Costa Rican new site AmeliaRueda.com.
The #SaludyVida121 campaign aims to put pressure on the Costa Rican government to adopt regulations on therapeutic abortions that will guarantee women full access to the interruption of pregnancy as established under the country’s Penal Code.




