Over the past few years, the status of abortion rights in countries in North and South America have changed radically as many have advanced abortion rights while others have taken them away. In several South American countries, advocates have fought and succeeded in expanding access to abortion and reproductive rights. In contrast, the United States has seen a marked increase in restriction to abortion and other reproductive healthcare.
This regional feature will highlight the changes in several countries, what led to these changes, and the key takeaways. It will also discuss how abortion rights are often a preview of further challenges to women’s reproductive healthcare and rights in general.
The Greenwave in South America
Decades of movement building came to fruition in recent years as several countries in South America have expanded abortion rights in what has become known as the green Wave. This movement is defined by advocacy for abortion rights through collaboration amongst many different groups, including “trade union organizations, academics, political parties, LGTBQ+ activists, human rights organizations, teachers, healthcare providers, journalists, artists and eventually young people from all walks of life.” The term comes from activists in Argentina using green bandana’s as a symbol for the movement. Argentina, Colombia, and Mexico are all great examples of how this campaign progressed in different ways.
Argentina
In December 2020 Argentina’s Congress voted to allow abortion up to 14 weeks for any reason, the result of years of hard work by advocates against entrench religious and social norms. Argentina is still a predominantly catholic country but the churches influence has been greatly challenged and the changes to abortion rights reflect this. Since the change in law there has been strong pushback and an anti-choice candidate won the last presidential election. At the time of writing, he has only been in office a few months and abortion is still technically legal but the effects of his rhetoric are being felt.
Colombia
The Greenwave secured another victory in February 2022 when Colombia changed its laws to allow the procedure up to 24 weeks. This was the result of several different factors including being inspired by the green wave in Argentina, a decline in religious affiliation, and the ability to build on the marginal gains in abortion rights that had taken place over the past decade. Despite only being in effect for a few years, the law is already being challenged and advocates are working hard to ensure reproductive rights are not taken away again.
Mexico
In September 2023, Mexico’s Supreme Court removed all penalties for abortion and required federal healthcare services to provide abortion. This feature is being written eight months after the ruling, so the impact is still very hard to assess. It is clear that advocates are keeping a close eye on the situation and are actively taking necessary steps to keep advancing rights, including working to get penalties still on the books at the state level removed.
The current status of reproductive rights in South America
Healthcare workers, activists, scholars, and others are working to understand the full implications of these changes but initial evidence indicates that legalizing abortion has saved lives. A joint assessment in Argentina by the Guttmacher Institute and the Centro de Estudios de Población (CENEP) showed that “In 2022, no deaths occurred from an unsafely induced abortion in Buenos Aires province”. The report also showed there are still deeply entrenched anti-choice beliefs and systemic barriers to overcome.
Building on and learning from the success of the movement in Argentina, Colombia, and Mexico, The Greenwave does not seem to be stopping anytime soon. The Center for Reproductive Rights has identified several more cases, including in Honduras, Ecuador, and Brazil that could have significant impacts on abortion access.
Abortion Rights Rollbacks in the United States
Abortion was legalized in the United States in 1973 by the Supreme court decision Roe V. Wade but unfortunately, anti-choice groups succeeded in getting this decision repealed after decades of strategic movement building. In 2022 the Supreme Court ruled against the right to an abortion in Dobbs v. Jackson Women’s Health Organization and said that states have the right to set abortion laws. Since the Dobbs decision there has been large amounts of mobilizing on both sides to both advance and rollback abortion rights at the state level.
Ripple effect
These expansions and contractions in abortion rights in North and South America have ripple effects around the world, both in terms of countries restricting abortion rights, but also eroding reproductive rights, and lesbian, gay, bisexual, and trans (LGBT) rights as well. Countries outside of the region are looking at what is happening in North and South America and learning from it for better and worse. Activists have flagged that anti-choice groups in Australia are closely watching and learning from what is happening in the region. It’s also been reported that anti-choice groups working in Africa were also emboldened by the ruling of the United States Supreme Court.
An Open Democracy report in 2020 documented how conservative groups in the United States are funding efforts not only to restrict abortion rights, but also reproductive rights and LGBT rights as well. While there is limited transparency from these groups in regards to how this money has been spent, the report details how conservative Christian groups, who often have strong relationships with conservative politicians and groups, have spent over $280 million dollars fighting against rights for women and LGBT people around the world.
This impact is showing no signs of stopping. Many people pointed to the support of Christian Right groups as an important factor in Uganda passing one of the most restrictive and anti-LGBT laws last year and rollbacks of rights in several other African countries. However, it is still possible to overcome these challenges. The work of activists in majority catholic countries in South America have shown that it is possible to advocate against positions held by entrenched religious institutions and win.
Takeaways
Complacency
The countries that have legal abortion should continue to be vigilant in protecting these rights, because as the United States has demonstrated, they can be taken away. In the United States, abortion was legalized at the federal level in 1973 but that was reversed in 2022. Americans ignored the alarm bells many activists were ringing about the dangers of restricting reproductive rights and did not take the threat of rollbacks seriously enough until it was too late.
Grassroots Movement
Nearly every commentator agrees that the grassroots nature of the abortion rights movement In South America contributed greatly to its success. The “green wave” did not commit itself to one organization or person, rather attributed the advance in rights as a result of many different people and groups fighting for abortion rights at local and regional levels.
This is in direct contrast to the pro-choice movement in the United States that seemed to be led by a few organizations, and struggled to organize through grassroots efforts. The anti-choice movement invested time and resources into growing support at the local and regional levels, playing the long game and ultimately succeeding in rolling back abortion rights.
A 2022 article in the Washington Post describes how the anti-choice movement grew after Roe V Wade in the 1970’s. Prior to the 1970’s, neither the democratic or republican party treated abortion as a primary issue. In the decades after Roe v. Wade legalized abortion in the United States, both parties increasingly treated it as one of their biggest issues in their platforms, with many people becoming “single issue voters”. During this time, anti-choice groups begin to use the judiciary as a tool to achieve their goals. These groups supported cases at local and state levels that could challenge Roe. Eventually one of these cases made it to the Supreme Court of the United States and the judges ruling overturned Roe v. Wade.
Erosion of other forms of reproductive healthcare
Taking away rights to abortion is often related to taking away other reproductive rights from women. In the United States those who are anti-choice often also exaggerate or misrepresent the dangers of birth control and bad science to back their positions. This is closely tied to the spread of misinformation online. Social media is filled with misinformation about abortion, birth control, reproductive health, and women’s health in general. The sheer amount of information makes it hard to know what is valid and therefore helps anti-choice activists advance their cause. With the prevalence of social media, activists have both an opportunity and an obstacle to advancing their cause.
Relationship to GBV
While the changes in abortion laws are still too recent to accurately assess the impact they will have, it’s important to note that reproductive rights are tied to rates of intimate partner violence, and that reproductive coercion is a form of GBV. A PBS News Hour interview highlights the increase in calls to a Domestic Violence Hotline after Roe V Wade was overturned. The Hotline reported that calls doubled, and that experts have generally reported an increase in calls related to sexual assault.
A study conducted by Caterina Muratori of the University of Reading also showed the impact of restricting abortion rights on GBV. In 2013 the State of Texas in the United States heavily restricted access to abortion which led to the closure of nearly half the clinics that provided abortion services. Researchers then matched the changes in reports of GBV to changes in distance from clinics. The study found “a one minute increase in time needed to reach the nearest abortion clinic is associated with a 0.04 percent increase in the number of reported cases of gender violence per municipality in the same period.”
As different countries restrict and liberalize abortion rights, activists should pay attention to rates of GBV since women who are impacted by GBV may need different types of support depending on what their access to reproductive healthcare is.
Other options for reproductive healthcare
Countries and activists should also increase options for people to seek reproductive care. In the United States, abortion care has become extremely limited in many areas. Activists and providers should examine alternative ways in which people could access reproductive health services. This could mean expanding mail order access to medication. This can also include reconsidering who can provide abortions and where. (It goes without saying that access to care should never come at the expense of quality of care or patient safety). Different models of care around the world should be studied for best practices and adapted to local resources and needs.
Relation to other forms of Oppression
It’s important to note that the consequences of restricting abortion and other reproductive rights do not fall equally across all groups of women, they are deeply impacted by class, race, and other forms of discrimination. When reproductive healthcare is restricted, women with limited income will face barriers to accessing care. Women of color deal with multiple barriers to access as they often face discrimination when receiving healthcare and more barriers to economic opportunities. On a larger scale, groups that are fighting for reproductive rights are frequently underfunded compared to the groups fighting against those rights, making it harder for advocates to fight these structural inequities.
Call to Action
The ultimate goal is to enact laws and policies that protect reproductive rights, enable all women to access healthcare, and eradicate systemic barriers such as class, race, and sexual orientation. Everyone can contribute to this fight.
If you are an activist or everyday person, call or write your government representatives and ask them to support laws that enhance reproductive rights for all women.
If you are a policy maker, create and support laws that support access to abortion and other forms of reproductive healthcare, especially for women who face the largest institutional barriers.
If you are a funder, give money to organizations and causes that support reproductive rights and challenge traditional power structures. Funders should also consider ways they can help find and support organizations that lack the resources needed to apply for traditional grants.
If you are a researcher, you can use your skills to better understand the challenges women face in accessing reproductive health care and share that knowledge to create better policies and programs.
