GEO TOLBAR MIS VISITANTES DE HOY

11 nov. 2012

VOLUNTARY TERMINATION OF PREGNANCY

Law No. 18,987


Full text of the Law on Termination of Pregnancy, promulgated
 by the Executive of the Oriental Republic of Uruguay


The executive branch enacts law on Termination of Pregnancy
Poder Legislativo / República Oriental del Uruguay
VOLUNTARY TERMINATION OF PREGNANCY
STANDARDS
The Senate and House of Representatives of the Oriental Republic of Uruguay,
 meeting in General Assembly,

DECREE:

CHAPTER I
CIRCUMSTANCES, deadlines and requirementsArticle 1. (General Principles). - The State guarantees the right to conscientious and responsible procreation, recognizes the social value of motherhood, protection of human life and promotes the full exercise of sexual and reproductive rights of all people, according to established in Chapter I of Law No. 18,426, of December 1, 2008. The abortion, which is regulated by this law, not an instrument of birth control.Article 2. (Decriminalization.) - The abortion is not penalized and therefore do not apply Articles 325 and 325 bis of the Penal Code, for the case that the woman meets the requirements set forth in the following articles and performed during the first twelve weeks of pregnancy.Article 3. (Requirements). - Within the time stated in the previous article of this law, women should seek medical advice before an institution of National Integrated Health System, in order to make known the circumstances arising from medical conditions conception has occurred, situations of economic hardship, social or family or age ranges that will prevent its discretion continue the ongoing pregnancy.The doctor available for same day or the next following, consultation with an interdisciplinary team that may be that specified in Article 9 of Decree 293/010 Regulatory Law No. 18,426, of December 1, 2008, which in these effects will be composed of at least three professionals, of whom one shall be a gynecologist, another must have expertise in the area of ​​mental health and the remaining in the social area.The interdisciplinary team, working together, must inform the woman of the provisions of this law, the nature of the termination of pregnancy and the risks inherent in this practice. Also report on alternatives to abortion programs, including social and economic support, as well as about the possibility of giving your child up for adoption.In particular, the interdisciplinary team must become an area of ​​social and psychological support to women, to help overcome the causes that can induce the abortion and ensure that the information available for decision making conscious and responsible .After the meeting with the interdisciplinary team, the women have a cooling off period of at least five days, after which, if ratified woman she wished to terminate her pregnancy before treating gynecologist, will coordinate the process immediately, that in view of the available scientific evidence, is oriented to the reduction of risks and threats. The ratification of the applicant will be expressed by informed consent, in accordance with the provisions of Law No. 18,335, of August 15, 2008, and incorporated in its history.Whatever the decision that women take, the interdisciplinary team and the gynecologist will record all actions taken in the patient's medical history.Article 4. (Duties of professionals). - Notwithstanding the provisions of the preceding article, the professional members of the interdisciplinary team shall:A) To guide and advise women on appropriate means to prevent future pregnancies and how to access them, as well as regarding the existing family planning programs.B) Interview with the parent, if it has previously sought the consent of the woman.C) ensure, within the framework of its competence, the decision process of women remain free from pressure from others, whether to continue or terminate the pregnancy.D) comply with the protocol for interdisciplinary groups arranged by the Ministry of Public Health.E) To refrain from assuming the role of refuse or authorize interruption.Article 5. (Duties of the institutions of the Integrated National Health System.) - Institutions of National Integrated Health System must:A) Promoting lifelong learning interdisciplinary professional team specializing in sexual and reproductive health to provide containment and support the woman's decision regarding the termination of her pregnancy.B) To encourage interdisciplinary teamwork whose minimal integration in terms of number and quality will be set forth in Article 3 of this law.C) Interact with public or social organizations that provide support and solidarity suitable and qualified in maternity cases with social difficulties, family or health.D) Make available to all users through billboard postings, periodic newsletters or other forms of information, the list of staff of the institution that integrates interdisciplinary teams referred to this law.E) Ensure the confidentiality of the identity of the woman and all expressed in consultations under Article 3 of this law, as well as all data recorded in your medical record, applying the pertinent provisions of Law No. 18 331, of August 11, 2008.F) Ensure participation of all professionals who are willing to integrate interdisciplinary teams, without discrimination of any kind.Without prejudice to compliance with the provisions of paragraph b), paragraph 2 of Article 4 of Law No. 18,426, of December 1, 2008, and any other legislative provision by the Executive in this regard, technical directors those institutions provide regular checks on strict compliance with the provisions of Articles 3, 4 and 5 of this Act.Article 6. (Exceptions). - Out of the circumstances, terms and conditions laid down in Articles 2 and 3 of this law, termination of pregnancy may only be made:A) When pregnancy involves a serious risk to the health of women. In these cases we must try to save the life of the embryo or fetus without endangering the life or health of the woman.B) When verifying a pathological process that causes malformations incompatible with life outside the womb.C) When the result of rape were credited with the record of the judicial complaint within fourteen weeks of gestation.In all cases, the attending physician shall record in writing the history of the circumstances mentioned above, women must give informed consent, except as provided in paragraph A) of this Article, the severity of their health prevent it.Article 7. (Consent of adolescents). - In cases of women under 18 are not enabled, the gynecologist treating secure the consent for termination of pregnancy, according to the provisions of Article 11 bis of Law No. 17,823, September 7, 2004, as amended by Article 7 of Law No. 18,426, of December 1, 2008.When for any reason, to refuse assent or impossible to obtain for who should provide it, the teenager may be filed with the records produced by the medical team acting before the competent court. The judge must decide within a period of three calendar days from the submission to the seat, as to whether consent has been expressed spontaneously, voluntarily and knowingly. To this end, the judge will call the teenager and the Attorney General, to hear and obtain their consent for abortion, as provided in Article 8 of the Code on Children and Adolescents (Law No. 17823 of 7 September 2004). The procedure will be verbal and free.Judges are competent to hear cases that are substantiated by the application of this Article, the Judges Specialized Family Lawyers and Judges in Montevideo courts of first instance with jurisdiction over family specialized in interior.Article 8. (Consent of women declared incapable.) - If it were a legally incapacitated woman will require the informed consent of their guardian and judicial authorization of the competent court of the domicile of the incompetent who, after the Prosecutor's Office-evaluate the appropriateness of granting the same, respecting the right of women to procreate if the reason for your impairment prevents him from having children.

CHAPTER II
GENERAL PROVISIONSArticle 9. (Medical Act.) - Interruptions of pregnancy to be practiced under the terms established by this law shall be considered medical act without commercial value.Article 10. (Obligation of health services). - All institutions of National Integrated Health System will be required to comply with the provisions of the present law. For this purpose, shall establish the technical-professional and administrative measures to enable their users access to such procedures within the deadlines.The institutions referred to in the preceding paragraph, that objections have ideas, existed prior to the enactment of this Act, with respect to the procedures of abortion that are regulated in the preceding articles, may agree with the Ministry of Public Health, in the regulatory framework for the National Integrated Health System, the way your users will access to such procedures.Article 11. (Conscientious objection). - The gynecologists and health personnel who have conscientious objections to intervene in proceedings referred to by the fifth paragraph of Article 3 and Article 6 of this Act, shall make known to the authorities of the institutions to which they belong.Conscientious objection may be expressed explicitly or revoked at any time, it being sufficient communication to the authorities of the institution in which he serves. It is understood that it has been tacitly revoked if the professional is involved in the procedures referred to in the preceding paragraph, except for the situation described in the last paragraph of this article.Conscientious objection and revocation, made before an institution determine identical decision on all public and private institutions in which the practitioner provides services.Those who have not expressed conscientious objection shall not decline to perform the procedures mentioned in the first paragraph of this article.The provisions of this Article shall not apply to the case referred to in paragraph a) of Article 6 of this law.Article 12. (Statistical Register.) - The Ministry of Health shall keep a statistical record of:I) The consultations in the manner prescribed in Article 3.II) abortion procedures performed.III) The procedures provided in paragraphs A), B) and C) of Article 6.IV) The number of women after the interview conducted with the interdisciplinary team decided to continue the pregnancy.V) The birth and any other information deemed relevant sociodemographic annually to assess the effects of this law.Institutions of National Integrated Health System must keep their own records in accordance with the provisions of this Article. The Government shall regulate the data that include such records, the form and frequency in which these institutions communicate the information to the Ministry of Public Health.

CHAPTER III
FINAL PROVISIONSArticle 13. (Additional requirement.) - Only invoke the provisions of this law the natural Uruguayan citizen or foreign law or providing convincing evidence of their habitual residence in the territory of the Republic for a period not less than one year.Article 14. (Repeals). - Derogate all provisions contrary to the provisions of this Act.Article 15. (Regulation and validity). - Mindful committed to State responsibility and the purpose of ensuring the effectiveness of the provisions of this Act, it shall enter into force thirty days after its enactment, period within which the Executive Branch regulate.

Conference Room of the Senate, in Montevideo, on October 17, 2012.

Danilo AstoriPresident.
Hugo Rodriguez Filippini,Secretary.

MINISTRY OF PUBLIC HEALTH
HOME OFFICE
MINISTRY OF DEFENCE
MINISTRY OF EDUCATION AND CULTURE

Montevideo, October 22, 2012.
ENFORCED, Acknowledge, communicated, published and placed on the National Register of Acts and Decrees, the Act establishing standards related to abortion.

President of Goberment Jose Mujica.
JORGE VENEGAS
.Eduardo Bonomi.
Eleuterio Fernandez Huidobro.
RICHARD EHRLICH.



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