Department of Justice of Puerto Rico affirms that abortion is still legal on the island

(CNN Spanish) – The Department of Justice of Puerto Rico maintained that the decision of the Supreme Court of the United States …

(CNN Spanish) – The Department of Justice of Puerto Rico maintained that the decision of the United States Supreme Court to annul the Roe v. Wade case, considering that the federal constitutional right to abortion no longer exists, does not alter the rule of law in force on the island regarding the practice of abortion.

Through a press release, the Secretary of Justice of Puerto Rico, Domingo Emanuelli, reported that “women or health professionals will not be prosecuted for the practice” of abortion.

It added that “in the case Pueblo vs. Duarte Mendoza, the Supreme Court of Puerto Rico interpreted that any abortion prescribed by a doctor aimed at preserving the physical or mental health or life of the pregnant woman is exempt from criminal liability. The reversal of the case Roe v. Wade, by the Supreme Court of the United States, after concluding that a right to abortion does not emanate from the Constitution of the United States, did not have the effect of repealing this regulation.

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Emanuelli specifically referred to article 98 of the 2012 Penal Code, which allows abortion with therapeutic indication performed by a doctor duly authorized to practice medicine in Puerto Rico, with a view to preserving health, both physical and mental, or the life of Mother.

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With the decision of the US Supreme Court, from now on the right to abortion will be determined by the states unless Congress acts. Nearly half of the states have already passed or will pass laws banning abortion. Others have enacted strict measures to regulate the procedure.

On its website, the Senate of Puerto Rico announced on June 21 the approval of project 693 to establish the Law for the Protection of the Conceived in its Viability Gestational Stage. By means of this norm “everything conceived in the womb of 22 weeks or more of gestation will be presumed viable”, with the exception of some criteria that will be determined by the doctor.

“This presumption can be refuted by a medical practitioner duly licensed and authorized to practice medicine in Puerto Rico, who, through the implementation of the best medical practices, in the exercise of his medical judgment, determines that said conceived will not be able to survive independently. from his mother or who suffers from a fetal anomaly incompatible with life”, says part of the text of the measure. This project has now passed the consideration of the House of Representatives of Puerto Rico, which has announced that it will evaluate it in August.

For his part, Pedro Pierluisi, governor of Puerto Rico, expressed this Friday in a statement that “it is important that the greatest openness is provided to listen to all sectors, for and against, the provisions of this piece of legislation. I hope that the discussion process takes place in a respectful framework and as governor I will analyze with great sensitivity what is approved in the Legislative Assembly”.

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