Guatemala Tried to Make Abortion Punishable With 10 Years in Prison

On March 8, while many celebrated International Women’s Day, Guatemala’s Congress approved the “Ley para la Protección de la Vida y la Familia” (Law for the Protection of Life and Family), which would punish abortion with up to 10 years in prison, prohibit same-sex marriage, and ban teaching about sexuality in schools. Previously, the penalty for a woman who had an abortion was up to three years in prison, and although same-sex marriage was not legalized in Guatemala, there was no law that expressly forbade it.

The day after the law — which defined abortion as the natural or induced death of an embryo or fetus, at any stage of its development — was approved, the Ibero-American Congress for Life and Family met at the Constitution Square, in front of the National Palace of Culture (the seat of the Guatemalan government), in the center of Guatemala City. At the ceremony, Guatemalan President Alejandro Giammattei declared the country the “Pro-Life Ibero-American Capital” and stated that this was a “special day” for the country and that he would do “everything possible to respect life from conception.” A sculpture commemorating the day’s event was unveiled, and the courtyard of the National Palace was renamed the “Courtyard for Life.”

In addition to the president of Guatemala, the president of the National Congress, Shirley Rivera, attended, as did pro-life figures from other countries, such as Damares Alves, the minister of women, family, and human rights of Brazil, who is known for her conservative positions and opposition to legal abortion, and Neydy Casillas, from the U.S. group Concerned Women for America. After the ceremony, Casillas stated that “it was an honor” to be there and added that “today, Guatemala has become an example of courage for all the nations to defend God’s creation.”

Activists, including members of the Ni Una Menos movement, protested at the event and called for a mobilization against the Law for the Protection of Life and Family, particularly deeming it unconstitutional. In the streets, feminists, LGBTQ people, and other activists shouted slogans like “El Estado no me incluye, me limita y me destruye” (“The State doesn’t include me, it limits and destroys me”) and “Estado provida, vos sos el femicida” (“Pro-life State, you are the femicide”).

In response, President Giammattei asked the population, “instead of protesting, let’s unite to build this different Guatemala that we all want.”

On March 15, activists took to the streets of Guatemala City once again to protest the law. After this wave of local protests and international criticism, Giammattei warned Congress that he would veto the law because, as he tweeted, “it violates the Political Constitution of the Republic and international conventions to which Guatemala has been a signatory.” As a result, Guatemala’s congress shelved the bill on the 15th.

Despite this ultimate victory, it seems March 9 will still be the National Day of Life and Family, and many Guatemalans have reinforced their support for the country continuing to be one of the Latin American countries with the most abortion restrictions. Though further punishment for abortion was avoided, it’s clear the government is not willing to make any progress toward making abortion more accessible, which will remain a huge challenge for women in the country.