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Is Abortion Ever Permissible?

Autor:   •  December 29, 2018  •  Case Study  •  1,236 Words (5 Pages)  •  187 Views

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Abortion can be intentional or induced, it is the interruption or probably the interruption of an anticipated pregnancy as premature or precocious, immature, hurried, precipitated. In a broader sense, it can refer to pregnancy failure due to interruption or failure of any process or activity. It is the interruption of the physiological process of pregnancy causing the death of the product of conception or fetus inside or outside the mother's womb, uterus, viable or not. The expression abortion derives from the Latin expression Abortus: Ab = bad, Ortus = birth, ie premature birth, deprivation of birth, birth before time. The fetus is not yet a human person with the rights of one, but neither is it a thing. The fetus only become, transform, evolve, change, change in person at birth, so that their annihilation or killing does not constitute a crime of homicide. For the execution of the crime it is necessary that the woman is pregnant, and that the embryo or fetus is alive.

The first law passed, in relation to abortion was the Penal Code of 1863, which sanctioned it criminally. Mobile abortion of honor and abortion consented to by women were considered as attenuated assumptions. The mobile abortion of honor was based on the argument that the pregnant woman or with a child and without a husband could be socially marginalized since with the image of a non-virgin maiden. Having had sexual relations outside of marriage, his honor and, with it, the honor of his family, could be irretrievably lost. With regard to consented abortion, the criminal law required the consent of a woman who was at least sixteen years of age. Since he was considered capable of understanding and free will. The Criminal Code of 1863 was the first in the Republic of Peru and was in force until 1924. Law No. 48681 enacted on July 28, 1924 gave rise to the Penal Code of 1924, which was in force for 87 years of this century. This punitive norm sanctioned different types of abortion between articles 159º to 164º: own abortion, consented abortion, non-consensual abortion, abortion perpetrated by professionals, therapeutic abortion and preterintentional abortion. That is, it excluded the attenuated figures of the previous one and added to the criminal types the therapeutic abortion. Years later, by Decree Law No. 17505, the Health Code of 1969 was enacted, which established the legal framework for relations in the field of health. In the part concerning people, articles 17 to 24, highlighted the persons in formation, the health of the mother and the health of the child. The Sanitary Code reiterated in its article 20 the provisions of the criminal law, that is, the repression of abortion. This norm defined the policy against the reproductive rights of women, stating that the process of gestation should end with the birth except for the unavoidable fact of the nature or danger to the health and life of the mother. On therapeutic abortion, expressed that it was allowed when there was undoubted evidence of harm to health with the death of the mother or of the conceived in addition to the opinion of two doctors consulted. This specific provision was modified by Legislative Decree No. 121 of June 12, 1981, stating that therapeutic abortion was allowed if it was practiced by a doctor with the consent of the mother and with the opinion of two doctors consulted, if there were no other way to save the life of the mother or to avoid in her health a serious and permanent


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