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Human Rights·By Bridget Sielicki
Chile moves closer to constitution protecting all preborn children
The Chilean Constitutional Council approved language on September 20 that would enshrine the right to life in a new constitution.
The new language under Article 16 of the constitution ensures “the right to life of those who are about to be born.” The language passed with 29 votes in favor, 17 against, and four abstentions.
In September of last year, voters rejected an extreme constitution that would have allowed abortion on demand as well as euthanasia. Since then, a new, more conservative Constitutional Council was elected, resulting in the current draft that marks a radical departure from just one year ago.
Chile currently allows abortion in cases of rape, if the mother’s life is at risk, or if the baby is not expected to survive after birth. If the new constitution passes, it could remove these exceptions and protect all preborn children from death by abortion.

Despite this, the pro-abortion faction in the country is working hard to persuade voters that the constitutional wording won’t impact the country’s current laws. Instead, abortion advocates are arguing the constitution is saying that preborn children aren’t considered persons. As Carlos Polo, Director of Population Research Institute (PRI) Iberoamerica, and Carlos Beltramo, PRI Europe explain, “This deceitful interpretation is nothing more than a blatant effort to confuse the good people of Chile.”
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They go on to note:
If the Constitution is approved in the December 2023 referendum—as appears likely–Chilean will have to fight hard to defend the correct interpretation of Article 16. Their mission will be to ensure that the text is read as it is written: “the law protects the life of the unborn.” The plain language meaning of the passage is “there shall be no abortions in Chile.”
Antonio Barchiesi of the Republican Party recognized that there may still be a fight when it comes to protecting all preborn children. “The fact that this law does not establish the direct prohibition of abortion is for us a mandate to always and everywhere seek the repeal of the abortion law, insofar as it permits the murder of an innocent person,” he said.
The new constitution still has to be approved by voters in a December referendum.
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