Abortion in Peru

Currently abortion in Peru is illegal except in case of threat to the life or health of women. 1 The penalty for a woman who consents to an abortion can be up to two years in prison, but this does not happen in practice, since there is no case of any woman who has been imprisoned for abortion. 2 The penalty for a person performing an illegal induced abortion can be one to five years in prison. 3

Therapeutic abortion in Peru has been legal since 1924 . 3 4

In 2014 promulgated the National Technical Guide for the standardization of the procedure of comprehensive care of the pregnant woman in the Voluntary Interruption for therapeutic indication of pregnancy under 22 weeks with consent. 5

On September 26, 2014, the Citizen’s Initiative to decriminalize abortion in cases of rape, artificial insemination, or the transfer of non-consented eggs is admitted to the Peruvian Congress, with 64,261 valid signatures. 6 On October 7, the bill is designated to the Justice and Human Rights Commissions, and the Constitution and Rules of Congress.

On November 4, 2014, the Congressional Constitution Committee discussed the decriminalization of abortion for rape. 7 On May 26, 2015, the congressional justice commission decided to file with 4 votes in favor, 1 against and 2 abstentions. Referring to Fig.

Legal regulation

Abortion in the Peruvian legal system is prohibited by six articles of the penal code.

Peruvian Penal Code – articles 114 to 120

Chapter II:

Self- Abortion
Article 114. – A woman who causes her abortion, or consents to the other person’s abortion, shall be punished by imprisonment for not more than two years or with community service of fifty-two to one hundred and four days.

Aborted consent
Article 115.Anyone who causes abortion with the consent of the pregnant woman shall be punished with imprisonment of not less than one nor more than four years.
If the death of the woman ensues and the agent could foresee this result, the penalty shall be not less than two nor more than five years.

Abortion without consent
Article 116.Anyone who aborts a woman without her consent shall be punished with imprisonment of not less than three nor more than five years.
If the death of the woman occurs and the agent could foresee this result, the penalty shall be not less than five nor more than ten years.
Aggravation of the penalty for the quality of the subject.
Article 117. – The doctor, obstetrician, pharmacist, or any health professional, who abuses his science or art to cause abortion, will be repressed with the penalty of articles 115 and 116 and disqualification according to article 36, paragraphs 4 and 8 .

abortion preterintencional
Article 118 – Whoever, with violence, causes an abortion, without having had the purpose of causing damage, being notorious or up costing pregnancy shall be punished with imprisonment not exceeding two years, or service delivery From fifty to four days.

Therapeutic abortion
Article 119. – Abortion practiced by a physician with the consent of the pregnant woman or her legal representative, if she has one, is not punishable when it is the only means to save the life of the pregnant woman or to avoid in her health A serious and permanent evil.

Sentimental and eugenic abortion
Article 120. – Abortion shall be punished with imprisonment not exceeding three months: 1.
When the pregnancy is a consequence of rape outside marriage or artificial insemination not consented to and occurring outside marriage, Facts have been denounced or investigated, at least policially; Or
2. When it is probable that the being in formation entails serious physical or psychic defects at birth, whenever there is a medical diagnosis. Referring to Fig.


  1. Back to top↑ «News | Human Rights Watch . ” Consulted in 2009 .
  2. Back to top↑ «Interview with the lawyer and journalist Rosa María Palacios» . Consulted on 2011 .
  3. ↑ Jump to:a b [1]
  4. Back to top↑ Email. «NGO Flora Tristán: Therapeutic abortion has been legal since 1924» . Consulted in 2014 .
  5. Back to top↑ http://www.larepublica.pe/02-07-2014/esta-es-la-guia-tecnica-para-la-interrupcion-del-embarazo-menor-de-22-weeks
  6. Back to top↑ http://www2.congreso.gob.pe/sicr/tradocestproc/Expvirt_2011.nsf/visbusqptramdoc/03839?opendocument
  7. Back to top↑ Rpp. “Congressional Commission debates decriminalization of abortion for rape” . Consulted in 2014 .
  8. Back to top↑ Peru21. «Decriminalization of abortion by rape: A lost cause» . Consulted in 2015 .
  9. Back to top↑ [2]