As a result of an aggressive advocacy campaign by the
Catholic Church, the National Congress of Dominican Republic approved an
article of Constitutional Reform protecting the right to life from the moment
of conception to death.
The new Article 30, approved by a large majority of 167-32,
states "the right to life is inviolable from conception until death. The death penalty cannot be established,
pronounced, nor applied, in any case."
For weeks the Catholic bishops, led by Cardinal Archbishop
Nicolas de Jesus Lopez of Santo Domingo, promoted the pro-life article through
marches, television speeches, and protests outside of government buildings and
in other places.
"The Crusade for Life" included collecting one million
signatures to present to the National Congress.
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The offensive tenor of their campaign provokes fear among
the believers and outrage among the doctors. Referring to abortion supporters
and the constitutional reform process, the Archbishop of Santo Domingo said on
his Sunday homily:
"We know that there are butcher doctors, there are
legislators who like to trade in life, there are people who have authority who
make a living from that." He added that "we will be upfront, always
upfront, clashing," and that "We are here to tell you, ‘yes to life,
no to death,’ definitely." Lastly, he said that abortion is a
"crime," that it "exploits women" and that it is
The Cardinal Archbishop Nicolas de Jesus Lopez went further.
He attacked members of Parliament, saying that Minou Tavares and Víctor
Terrero, were ‘abortionists’ (pro-abortion).
So not only are parishioners feeling afraid, but so are legislators
who want to keep the believers’ votes and be reelected on the coming elections
of May 2010.
In fact, some legislators showed no shame in admitting that
they feel fear, as some local media recorded.
Therefore, votes are more valuable than women’s lives.
In fact, the legal provision will increase the maternal
mortality rate, since therapeutic abortion will be penalized and unsafe
abortions will proliferate.
According to the report "Análisis de la Situación del Aborto
Inseguro" (Analysis on Unsafe Abortion), certified by the Sociedad de
Obstetricia y Ginecología (Obstetric Society), the maternal mortality rate in
Dominican Republic is 159 deaths for 100,000 newborns, from which 20 percent is
due to unsafe abortions.
Moreover, women whose
life or health is in danger as a result of a pregnancy will be
unprotected, particularly low income Dominicans, who cannot afford a trip to Colombia or
other country where the therapeutic abortion is legal.
Many women legislators were aware of the provision’s consequences
for women and were vehement in the debate; however, others moderated their tone
in order to avoid clashes with the Church.
One can see the influence of Catholic thinking in the way of
voting – the legislators approved the article 29, which states the right to gender
equality, and next the article 30, which denies some of women’s reproductive
We have to recall that Dominican Republic is not a secular
state. The Concordat between the State and the Catholic Church goes back to
1954, when the country was under the Trujillo’s
Despite a UNICEF top official declaration, the mobilization
of women’s organizations, and the opinion of medical societies, 80 percent of
legislators supported the article 30.
The Dominican women’s movement tried to alert the public
about the provision’s negative consequences for women. The NGO Colectivo Mujer
y Salud implemented the campaign "For women’s health," which showcases the
consequences of forced pregnancy on the lives of women who are pregnant as a
result of rape.
Last March, Nils Kastberg, UNICEF’s regional director for
Latin America and the Caribbean, visited Dominican Republic and in the context
of the constitutional reform "called on
legislators ‘not to be hypocrites, trying to make abortion illegal,’ as he
believes that this type of measure would mainly affect poor adolescents between
the ages of 15 and 17 who by resorting to unsafe services would lose not only
the baby but their lives as well," stated a UNICEF press release.
The Dominican Obstetric Society and the Science Academy also
expressed their disagreement with the provision before its approval, and have
announced their decision to call on the support of similar international
organizations to apply pressure, since there still a second reading with formal
promulgation by the President also required.
The current Dominican Penal Code criminalizes the
abortion in all circumstances. With this provision, the possibilities to
liberalize the abortion in particular cases would practically disappear in the
near future, since it would require a new Constitutional reform.