On November 9, the Congress of Peru approved Law No. 785, which recognizes the conceived child as a subject of law. Therefore, the new norm protects the rights of conceived and unborn children by determining that human life begins with conception.
Through this Law, the the government of Peru establishes that the child, both born and unborn, has its own identity, including a unique and unrepeatable genetic identity and a personality independent of that of its mother. Likewise, it establishes that any child before birth has the right to dignity, life and integrity like any human being.
The congresswoman of the conservative party Renovación Popular, Milagros Aguayo, presented the bill two years ago. In April 2023 it was approved in Congress, but the executive branch made some changes. It was finally approved by 72 votes in favor, 26 against and 6 abstentions.
“It is important to highlight that the “Law that Recognizes Rights of the Conceived” does not create new rights, nor does it repeal article 119 of the Penal Code on therapeutic abortion. The objective of this law is to have a norm that clearly and expressly recognizes the rights constitutionally granted to the conceived, as established in article 2 of our Magna Carta, beginning with the recognition of the right to life, from which all other rights flow,” spokespersons for the Congress of Peru said in a statement.
In Peru, abortion is still considered a crime, except for therapeutic abortion, that is, when the mother’s life is at risk. In Latin America there are still countries in which a woman cannot have an abortion under any circumstances. These are Honduras, Nicaragua, El Salvador, Dominican Republic, Haiti, Suriname and Jamaica.