Article 2 of the legislation stipulates that both the state and society, especially health care professionals, are obliged to provide special protection during pregnancy, childbirth, and the postpartum period. This protection extends across the board to all entities, both public and private.
One of the most relevant provisions of this law is the recognition of the right of babies to be born “in a healthy, decent, and safe environment.” In addition, the right of the father is also recognized in everything that benefits these important phases of the gestational process.
In practical terms, Polo pointed out, the new law promotes public policies that guarantee comprehensive health coverage for the mother and the unborn child, including prenatal check-ups, maternal nutrition, preparation for childbirth, prenatal stimulation, childbirth and postpartum care, postnatal rest, early stimulation, prevention and early diagnosis, early care and rehabilitation, family counseling and therapy, as well as health education and support for entrepreneurial families.
Polo added that, based on this law, no entity will be able to “use the penal code as an excuse to say that in Peru there is the right to ‘therapeutic abortion’ and that it’s legal.”
“Nor will they be able to continue citing the disastrous ruling of the Inter-American Court in the case of Artavia Murillo v. Costa Rica, which says that the life and health of the mother is more important than the life of the conceived child,” Polo explained.
Peru’s penal code states that abortion “is not punishable” when “it is the only means to save the life of the pregnant woman or to avoid serious and permanent harm to her health.” However, since early August last year, there have been cases of abortions performed on sexually abused minors justified as “therapeutic” abortion.