Observations of Penal Code approved and alternate text introduced to articles on abortion
Abortion permitted when it is not possible to save a life
Diario Libre
SD. The Chamber of Deputies accepted yesterday the observations by the Executive Power and introduced an alternative text regarding the articles 107, 108, 109 and 110, which relate to the interruption of pregnancy.
The decision was taken after a single reading by a simple majority vote.
The decision had the favorable vote of 93 deputies, among those present: 75 legislators of the Dominican Liberation Party (PLD), 7 from the Dominican Revolutionary Party (PRD), 8 from the Dominican Social Alliance (ASD or the Modern Majority Party), one from the Social Christian Reformist Party (PRSC), one from the Social Democratic Institutional Block (BIS) and one from MODA.
At the same time there were 66 votes against: 16 from the PLD, 22 from the PRD, 18 from the ASD, 7 from the PRSC, one from the FNP, one from the PPC and one from the APD. 12 deputies did not vote. Some 32 deputies took part in the debates which extended for more than 4 hours.
The President of the lower chamber, Abel Martinez, presented a proposal for the wording regarding the articles that were the object of the observations and submitted the observations presented by President Danilo Medina together with this alternative text to a vote. Previous to this submission, he recalled that they could approve this alternate text and be coherent with what the chamber had approved initially, which was eliminated by the Senate. He read the paragraph eliminated by the Senators that established that "the interruption of pregnancy will not be punishable when it is practiced by specialized medical personnel in centers and establishments of private or public health; as long as the case is appealed to the state of need as established by article 10 of this code."
He said that they did not introduce it again in order that the proposal would not "fail" and would be converted into Law, because the legislative process that had come to an end. And Martinez asked his peers to have patience and accept the criticisms from diverse sectors, but fulfilling their role to legislate. At the moment of voting the spokesman for the PRD bloc of deputies, Ruddy Gonzalez, shouted: "you are blocking the system of voting in blocs!"
New wording introduced
The alternate text establishes penalties of 2 to 3 years in minor prison for any person, except in what is foreseen in article 10,who uses foods, concoctions, medications, probes, treatments or by any other means causes the interruption of the pregnancy of a woman or cooperates with said purpose, even when this is consented.
Paragraph 1 of the article assigns the same penalties for the woman who provokes abortion or consents to submit to abortive methods, "as long as the abortion has been carried out." In addition, paragraph 2 indicates that if the abortion is not produced but causes injury or sickness to the fetus which seriously prejudices its normal development or causes in it a severe "physical or psychiatric defect," the perpetrator of this will be sanctioned with one to 2 years of minor prison.
Article 108, regarding the punishment of doctors, nurses, pharmacists or midwives, establishes that these persons, as well as other medical professionals and midwives that abuse their profession or work, causing or helping to cause the abortion will be punished with 4 to 10 years of major prison. In case of the results of the incidents cited in articles 107 and 108 causing the death of the woman it is established that the person responsible will be punished with 10 to 20 years of major prison. Article 110 regarding grounds for exemption suggests that "the interruption of the pregnancy practiced by specialized medical personnel in public or private health institutions, is not punishable if all of the scientific and technical measures available to save the two lives have been exhausted, as far as possible."
When the pregnancy is produced by rape, incest or if the fetus has deformaties incompatible with life, clinically established, the abortion will be subject to requirements that will be established through a special Law.
Reactions
The spokesman for the PRD, Rudy Gonzalez, criticize the abrupt form in which the observations and the alternate text were submitted to a vote because "it violated the legislative proceedings, and should have been approved with the votes of the two thirds parts of those present and in 2 different voting sessions.
Deputy Victor Gomez Casanova regretted that Martinez would abuse his authority in a "roughshod and disrespectful" manner with the other positions.
Doctors and feminists question
The president of the Dominican Medical College (CMD), Pedro Sing, criticized the "roughshod" manner in which this legislation was approved. He said that the Coalition for the Rights and the Life of Women will analyze this decision and they will await the approval of the Special Law. In the meantime, Sergia Galvan, of the Woman and Health Collective, questioned the "hurried" approval of the observations. She warned that they would continue their fight until the Special Law is approved.
At the same time, Deputy Guadalupe Valdez regretted that her proposal of an alternative text was not taken into consideration.
The decision was taken after a single reading by a simple majority vote.
The decision had the favorable vote of 93 deputies, among those present: 75 legislators of the Dominican Liberation Party (PLD), 7 from the Dominican Revolutionary Party (PRD), 8 from the Dominican Social Alliance (ASD or the Modern Majority Party), one from the Social Christian Reformist Party (PRSC), one from the Social Democratic Institutional Block (BIS) and one from MODA.
At the same time there were 66 votes against: 16 from the PLD, 22 from the PRD, 18 from the ASD, 7 from the PRSC, one from the FNP, one from the PPC and one from the APD. 12 deputies did not vote. Some 32 deputies took part in the debates which extended for more than 4 hours.
The President of the lower chamber, Abel Martinez, presented a proposal for the wording regarding the articles that were the object of the observations and submitted the observations presented by President Danilo Medina together with this alternative text to a vote. Previous to this submission, he recalled that they could approve this alternate text and be coherent with what the chamber had approved initially, which was eliminated by the Senate. He read the paragraph eliminated by the Senators that established that "the interruption of pregnancy will not be punishable when it is practiced by specialized medical personnel in centers and establishments of private or public health; as long as the case is appealed to the state of need as established by article 10 of this code."
He said that they did not introduce it again in order that the proposal would not "fail" and would be converted into Law, because the legislative process that had come to an end. And Martinez asked his peers to have patience and accept the criticisms from diverse sectors, but fulfilling their role to legislate. At the moment of voting the spokesman for the PRD bloc of deputies, Ruddy Gonzalez, shouted: "you are blocking the system of voting in blocs!"
New wording introduced
The alternate text establishes penalties of 2 to 3 years in minor prison for any person, except in what is foreseen in article 10,who uses foods, concoctions, medications, probes, treatments or by any other means causes the interruption of the pregnancy of a woman or cooperates with said purpose, even when this is consented.
Paragraph 1 of the article assigns the same penalties for the woman who provokes abortion or consents to submit to abortive methods, "as long as the abortion has been carried out." In addition, paragraph 2 indicates that if the abortion is not produced but causes injury or sickness to the fetus which seriously prejudices its normal development or causes in it a severe "physical or psychiatric defect," the perpetrator of this will be sanctioned with one to 2 years of minor prison.
Article 108, regarding the punishment of doctors, nurses, pharmacists or midwives, establishes that these persons, as well as other medical professionals and midwives that abuse their profession or work, causing or helping to cause the abortion will be punished with 4 to 10 years of major prison. In case of the results of the incidents cited in articles 107 and 108 causing the death of the woman it is established that the person responsible will be punished with 10 to 20 years of major prison. Article 110 regarding grounds for exemption suggests that "the interruption of the pregnancy practiced by specialized medical personnel in public or private health institutions, is not punishable if all of the scientific and technical measures available to save the two lives have been exhausted, as far as possible."
When the pregnancy is produced by rape, incest or if the fetus has deformaties incompatible with life, clinically established, the abortion will be subject to requirements that will be established through a special Law.
Reactions
The spokesman for the PRD, Rudy Gonzalez, criticize the abrupt form in which the observations and the alternate text were submitted to a vote because "it violated the legislative proceedings, and should have been approved with the votes of the two thirds parts of those present and in 2 different voting sessions.
Deputy Victor Gomez Casanova regretted that Martinez would abuse his authority in a "roughshod and disrespectful" manner with the other positions.
Doctors and feminists question
The president of the Dominican Medical College (CMD), Pedro Sing, criticized the "roughshod" manner in which this legislation was approved. He said that the Coalition for the Rights and the Life of Women will analyze this decision and they will await the approval of the Special Law. In the meantime, Sergia Galvan, of the Woman and Health Collective, questioned the "hurried" approval of the observations. She warned that they would continue their fight until the Special Law is approved.
At the same time, Deputy Guadalupe Valdez regretted that her proposal of an alternative text was not taken into consideration.
Diario Libre
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