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Chilean court upholds law that legalizes abortion in some circumstances

Demonstrators against abortion hold up placards that read "No to Abortion," rejecting the government's bill to legalise abortion in certain cases, during a session at Chile's Chamber of Deputies in Valparaiso, Chile, July 20, 2017. | Reuters/Rodrigo Garrido

Chile's highest court has upheld a measure that is aimed at allowing abortion in cases of rape, fetal disability and danger to the pregnant woman's life.

In a 6–4 vote on Monday, the high court justices ruled that the legislation that legalizes abortions in certain circumstances is constitutional. Court secretary Rodrigo Pica said that the details of the ruling would be released on Aug. 28.

Chilean President Michelle Bachelet has promised to sign the bill that narrowly passed Chilean Congress earlier this month.

For decades, Chilean law restricted abortion to exceptional cases until the procedure was entirely banned in 1989 under Dictator Augusto Pinochet. Despite the ban, the law does not penalize saving the life of the mother even if it indirectly results in the death of the child in her womb.

The court decision was described by the pro-abortion group Miles in Chile as a "historic moment" for women.

Giselle Carino, who runs the International Planned Parenthood Federation in the Western Hemisphere Region, also hailed the court ruling and criticized Chile for its total ban on abortions.

"The ban was an outrageous, cruel, and blatant violation of human rights. Similar laws are currently on the books in several countries including El Salvador, Nicaragua, and the Dominican Republic," Carino said according to Life News.

When the Senate approved the legislation in July, pro-life Sen. Jacqueline van Rysselberghe expressed her disappointment with the vote and promised to block the measure in the courts if it is signed into law.

"It has been a sad day for Chile. We are going to take it to the constitutional tribunal (to try to block it)," the senator said at the time.

However, the challenge was not successful and news reports have indicated that the high court ruling cannot be appealed, which means that the decision will stand until there are enough new court justices willing to repeal it.

According to Life Site News, the legislation was introduced by Bachelet who previously served as the former executive director of the United Nations office of Gender Equality and the Empowerment of Women.

Bishop Cristián Cordero of Puerto Montt decried the measure, saying it "contradicts the first human right that is to the protection of life ... as indicated in the Chilean Constitution."

"The reason given is the 'right of the woman to decide,'" the bishop stated as the law was being debated. "To decide on the life or death of your child? Who gave you that right?" he added.

Following Monday's court decision, the Dominican Republic, Haiti, Honduras, El Salvador, Nicaragua, and Suriname are the only countries left that completely outlaw abortion, according to Amnesty International.