Chiles Constitutional Court on Friday reversed legislation mandating the distribution of the âmorning - after pillâ emergency contraception in public health clinics. The court is ruling, however, does not alter laws concerning intrauterine devices and will permit emergency contraception for minors without their parents consent.
The âmorning-after pillâ is currently sold in Chile under the brand name Postinor 2 and is taken orally up to 72 hours after unprotected sexual intercourse to prevent egg fertilization or implantation. The pills are readily available in most Western nations.
The ruling comes in response to a case brought by 36 socially conservative legislators in March, 2006, who argued that emergency contraception is abortive in nature and that, consequently, it violates the right to life enshrined in Chiles constitution (ST, April 4).
In addition to banning the âmorning-after pillâ, the lawmakers also sought to outlaw intrauterine devices and do away with legislation allowing minors to obtain emergency contraception without parental consent. The nine judge Constitutional Court, which includes eight males and one female, voted unanimously to reject the lawmakers legal challenges concerning intrauterine devices and the need for parental consent. Still, they sided with the legislators on the âmorning-after pillâ, voting by a 5 to 4 margin to block the pills distribution in public clinics.
"The court accepts the request to declare unconstitutional" Point 3.3 of Section C mandating the distribution of the Emergency Hormonal Contraception Method, known commonly as the morning-after pill. This decision was adopted with the votes of Judges Jose Luis Cea Egana, Raul Bertelsen Repetto, Mario Fernandez Baeza, Marcelo Venegas Palacios, and Marisol Pena Torres. Meanwhile, Court President Juan Colombo Campbell, together with Judges Hernan Vodanovic Schnake, Jorge Correa Sutil, and Francisco Fernandez Fredes voted against the measure. The judges reasoning will be disclosed with the respective sentence," a Constitutional Court press release said.
Source: www.santiagotimes.cl
The split decision reverses a decree signed by Chilean President Michelle Bachelet in September, 2006 that authorized the free distribution of the pill to teenagers 14 and above. The pill now will be available at pharmacies for the going-rate of roughly US$25. Minors will still not need parental consent, but rather only a doctorâs prescription.
The Constitutional Courts makes final rulings in all cases relating to constitutional law and, consequently, the decision cannot be overturned.
News of the ruling has reignited debate in Chile on emergency contraception, as pro-choice advocates said they were preparing a constitutional reform to guarantee its availability once-and-for-all, while pro-life advocates vowed to fight for a nationwide ban on the pill.
âThe ruling which the (36) lawmakers have received constitutes the most brutal attack on Chileans rightsâ¦in response, we are currently working on a constitutional reform concerning sexual and reproductive rights,â said Party for Democracy Sen. Guido Girardi, who also serves as the head of the Senates Health Commission.
âThis ruling takes us back to the Middle Ages. The decision was made not by a constitutional court, but rather by an inquisition which, through a dogma of faith and lacking scientific evidence, condemns Chilean womenâ¦in the end, many women will decide to have an abortion in order to end unwanted or unplanned pregnancies,â said Socialist Party (PS) President Camilo Escalona.
Chiles Health Ministry estimates the annual number of illegal abortions in Chile at 150,000. Chile has a population of about 16 million.
Meanwhile, members of the political right criticized the court ruling, arguing that it should have had a much larger scope.
âThe prohibition has to be ample and equal. It has to affect women from Vitacura to Pudahuel, from Arica to Punta Arenas, in public spaces and private. The pills abortive nature effects everyone, it does not discriminate,â Independent Democratic Union (UDI) Dep. Patricio Melero told the Chilean daily El Mercurio. Melero said he supports bringing forth a new case calling for an absolute ban of the pill.
Word of the courts decision comes after Santiago health authorities announced last week they would reduce the fines given Chiles three largest pharmacy chains for not stocking the âmorning-after pill.â Officials said they reduced the fines after determining that pharmacies were, in fact, stocking the pill (ST, April 3).
In October, 2007, Santiagos Regional Health Ministry announced it would fine the Salcobrand, Farmacias Ahumada and Cruz Verde pharmacy chains approximately Ch$34 million pesos (US$77,560) each for not complying with government regulations that mandate the pills availability (ST, Oct. 31, 2007).
Salcobrand executives had refused to sell the pill based on ethical objections, while Cruz Verde and Farmacias Ahumada later said they were not able to stock the pill because of administrative difficulties (ST, Nov. 8, 2007).
By Matt Malinowski (editorATsantiagotimes.cl)