Abortion in Nicaragua

Abortion in Nicaragua is completely illegal. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect.

Abortion law in Nicaragua
The law before November 2006 permitted therapeutic abortion in Nicaragua so long as the woman and three doctors consented to it. The definition of "therapeutic" was not specific but was commonly understood to apply to cases in which the pregnant woman's life is endangered.

The law prior to November 2006 held that anyone who performed an abortion upon a woman without her permission would be subject to a prison term of three to six years. If the woman consented, both she and the person who performed the abortion faced a sentence of one to four years, and if she attempted a self-induced abortion, the term of imprisonment was one to two years. A person who performed, or attempted to perform, an abortion, and, as a result, caused injury to the pregnant woman would be jailed for four to 10 years, or six to 10 years if it caused her death.

In October 2006, right before the general elections on 5 November 2006, the National Assembly passed a bill further restricting abortion 52-0 (9 abstaining, 29 absent). The European Union and the United Nations had urged for the vote to be delayed until after the presidential elections. The new law outlawed abortion in all circumstances, making Nicaragua the fifth country in the world to do so, after Chile, El Salvador, Malta, and Vatican City. The Assembly rejected a proposal which would have increased the penalty for performing an illegal abortion to 10 to 30 years in prison. President Enrique Bolaños supported this measure, but signed the bill into law on 17 November 2006. Pro-choice groups in Nicaragua have criticized the change to the country's abortion law, and one, the Women's Autonomous Movement, were prepared to file an injunction to prevent it from being enacted.

"Rosa"
One case of a termination which was permitted under the former exception to Nicaragua's ban upon abortion was that of a nine-year-old girl, known to the media only as "Rosa," who was impregnated as the result of child sexual abuse in 2003.

The child's family, who were living in Costa Rica at the time, returned to Nicaragua after Costa Rican hospital officials had opposed their desire to end the girl's pregnancy. After the family successfully sought an abortion in a private clinic, the Health Minister of Nicaragua, Lucía Salvo, declared that the procedure had constituted a criminal act, and officials threatened to press charges against those involved. However, Attorney General María del Carmen Solórzano stated that the abortion had not violated the law, as it had been performed in the interest of preserving the life of the girl.

Rosa's case drew international attention and prompted intense debate about abortion law within Nicaragua. Archbishop Miguel Obando y Bravo of Managua said that the family and doctors involved in obtaining the abortion had excommunicated themselves from the Roman Catholic Church; bishops in Nicaragua also released an open letter which likened the termination of pregnancy to terrorist bombings. Others called for the country's laws to be liberalized.

Public opinion
An August-September 2006 Greenberg Quinlan Rosner Research poll on abortion to save the life of the mother found that 20% of Nicaraguans felt strongly that it should be "legal", 49% felt somewhat that it should be "legal", 18% felt strongly that it should be "illegal", and 10% felt somewhat that it should be "illegal".