AMERICAS

Chile’s Ongoing Fight For Safe, Legal Abortion Access

Abortion remains a contested topic in Chile, where a restrictive three-cause law has forced countless women to seek clandestine procedures. As the government prepares a new bill, activists argue that insufficient information and lingering fear hinder lawful and safe access.

Even though Chile decriminalized abortion under three specific circumstances in 2017—risk to the mother’s life, fatal fetal abnormality, or pregnancy resulting from sexual assault—activists assert that legal access has remained limited and fraught with obstacles. Many women, facing confusion and fear of retribution, have opted for clandestine procedures rather than navigate a cumbersome system.

This reality has been highlighted by Observadoras de la Ley del Aborto (OLA), an organization dedicated to monitoring how the law is implemented and offering assistance to those in need. According to data compiled by OLA, in 2023 alone, 906 women who technically qualified under at least one of the three legal grounds reached out for help.

76 % did not visit the government health clinics. They reported a lack of clear information, worries about being questioned, poor treatment, or even receiving penalties from staff.

Women’s rights groups allege that the reproductive care provided in Chilean hospitals is overshadowed by obstetric violence, where patients report episodes of verbal abuse, pressure to continue unwanted pregnancies, or a refusal by staff to perform the procedure despite its legality. “We have observed many cases of cruelty and even torture in hospitals. Sometimes, the women are shamed or forced to endure continued questioning of their decisions,” says Milena Meza, cofounder of OLA.

The fear of encountering this hostile environment often leads women to seek abortions on their own. This includes acquiring medication from unofficial sources, risking both personal health and legal ramifications. The clandestine route remains rife with uncertainty, but many see it as preferable to entering a system where they feel their needs are not respected.

Personal Stories and Systemic Shortcomings

One such story is that of 38-year-old activist Macarena Asenjo, who discovered an unwanted pregnancy in 2018. Already struggling with mental health issues that threatened to worsen if she continued the pregnancy, she recognized that her life might be at serious risk. Despite fitting the legal criterion meant to protect the gestational parent, Asenjo recalls being terrified about stepping into a hospital.

“Just the thought of being judged or potentially penalized under some technicality was enough to push me away,” she explains. “There is so much uncertainty in the system and a lack of clear, accessible information. I knew objectors of conscience would question my story, so I made the decision to terminate the pregnancy in my own home, with the support I trusted.”

Chile’s law lets health workers declare themselves objectors if administering abortion care opposes their beliefs. Yet activists plus legal experts argue this option is exploited. “Around 45% of obstetricians in the public system declare conscientious objection in cases of sexual violence,” says Camila Maturana, director of Corporación Humanas. “But the reality is that some of these professionals are effectively obstructing the rights the law is meant to uphold.”

A pending proposal from the Ministry of Health aims to tighten the regulations on conscientious objection, ensuring it cannot be universally claimed. Yet this proposal, which feminist groups welcomed, remains stalled in Chile’s administrative review process. Advocates claim women still face extra difficulty in accessing services. The issue grows with worry that Chilean abortion has become excessively medical. Some activists state doctors sometimes select older or more invasive methods rather than those advised by the World Health Organization. This, they say, reflects insufficient training and leaves patients more vulnerable to complications.

Feminist Networks and Looking Ahead

In this gap left by public healthcare, feminist collectives often step in to provide information and support. “Women’s health in Chile is frequently being safeguarded by feminist organizations, not hospitals,” observes Meza. She points out that grassroots groups train volunteers to guide patients through safe medication protocols and offer emotional support when official pathways fail.

“A lot of women, including minors, are going through the process alone or with the help of these feminist networks because they have no faith in the hospitals,” agrees Siomara Molina, coordinator of the Asamblea Permanente por la Legalización del Aborto. These networks, though underground, have become critical lifelines in a society where stigma and bureaucratic barriers often outweigh the legal protections that do exist.

Meanwhile, the Chilean government under President Gabriel Boric has committed to presenting a new abortion bill before the end of his term in March 2026. Women’s rights supporters expect the new law to replace the strict three-cause rule, thus allowing abortion without a need to provide reasons. They claim that requiring women to meet rigid conditions causes hidden decisions and unfair treatment, which prompts many to try procedures that may not be safe.

Groups like Corporación Miles and Observadoras de la Ley del Aborto highlight one stark statistic: while an estimated 60,000 to 300,000 clandestine abortions occur annually, only 5,905 have been performed legally under the three-cause framework since its enactment. “When you maintain laws that criminalize abortion, you don’t solve the problem,” Maturana emphasizes. “You simply make it more complicated for women to obtain care.”

For those who do manage to access legal services under the current law, the experience can be positive, but activists caution that it depends heavily on which medical professionals they encounter. Some providers have been applauded for delivering compassionate care that respects patient autonomy. Some people, shaped by personal or institutional views, have built a hostile environment.

Asenjo recalls what she went through and says she feels no regret. “Today, I restate my decision to put my life and health first,” she says. “It was not a simple choice. No one opts for an abortion. Yet we must have rules plus a community that honors our choices.”

Also Read: Family Reunion Confronts Past Illegal Adoptions in Chile

Many activists believe that broader social acceptance of abortion must precede significant legal reform. “The social decriminalization of abortion,” suggests Javiera Carrera, director of Corporación Miles, “will ultimately lead to its legal decriminalization.” This tactic uses frank talk, calls together feminist groups, and gives women clear facts. For now, the struggle appears on two sides: seeking changes in institutions while offering help to people in crisis. The hope among Chilean feminists and allies is that, by dismantling stigma and misinformation, the next generation will inherit a society where reproductive rights are recognized as fundamental and women no longer feel compelled to resort to secrecy or risk in seeking essential healthcare.

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