Dilemas éticos y jurídicos a propósito del aborto en Chile

Abstract

The drama of two girls aged 13 and 11 years old pregnant after being raped by their fathers has reinstalled intensely the discussion about abortion in Chile. In this respect we can see that the discussion has developed in two spheres. From a subjective point of view, on the morality of the decision to terminate a pregnancy. From an objective perspective, on what is the best law and public policy to regulate induced abortion. This paper addresses the major issues that arise in both dimensions. Thus, we ask: Since when exists the ‘nasciturus’? What is his the moral and legal status? Is there a right to abortion? Depenalization of abortion? Under what circumstances? Who should authorize the abortion decision? We end with a bioethical proposal on how to address the issue in our country.