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Original article: Defensoría de la Niñez alerta barreras en acceso a aborto en tres causales para menores de edad

The Children’s Ombudsman Rights Observatory identified 20 challenges in implementing Law 21.030. In this context, the organization proposed recommendations to enhance access, adequacy, and quality of the process, particularly in instances of sexual violence.

To fulfill its legal mandate of promoting and protecting the rights of children and adolescents (NNA), the Children’s Ombudsman hosted a public webinar presenting Technical Note No. 6: “Voluntary Termination of Pregnancy in Girls and Adolescents: An Analysis of the Procedure with a Rights-Based Approach”.

This document, based on administrative data from state agencies and input from key civil society actors, academia, and public institutions, evaluates the execution of Law No. 21.030, which allows voluntary interruption of pregnancy under three specific circumstances, with particular emphasis on girls and adolescents. 

Moreover, it studies the compliance with human rights standards throughout the different stages of the procedure, taking into account criteria such as availability, accessibility, relevance, and quality.

The Ombudsman warned that, over eight years since the law came into effect, significant gaps in its implementation remain, especially in cases related to the third ground of violation.

According to official data from the Ministry of Health, from 2018 to September 2025, a total of 560 girls and adolescents initiated a process for voluntary termination of pregnancy; of these, 86% were due to cases of violation.

The analysis of the Technical Note identified 20 structural challenges that impact access and quality of the procedure. Key issues include barriers to timely access, such as limited timeframes for cases of violation, difficulties in early detection, and a lack of available information.

Additionally, sociocultural and contextual factors were noted, including fears, lack of institutional trust, and stigmatization; inadequate institutional practices such as secondary victimization, adult-centric behavior, and obstructive conduct from certain actors.

The document from the Rights Observatory also highlights ongoing challenges, such as system limitations related to conscience objection, lack of specialists, gaps in mental health services, and inconsistencies in protocols among different facilities.

These issues are compounded by barriers existing in the enforceability of rights, including obstacles in complaint mechanisms, judicial authorizations, and inter-institutional coordination. Specific gaps for especially vulnerable groups, such as girls and adolescents in precarious situations, migration, or those under state care, were also pointed out. 

“We hope that with this document and its dissemination, we can contribute to ensuring that the implementation of this guarantee provides a respectful, dignified, and specialized process for girls and adolescents, especially for those who have experienced sexual violence,” stated the Children’s Defender, Anuar Quesille.

Based on these findings, the Children’s Ombudsman proposed measures to strengthen the application of the law, including optimizing the dissemination and access to information regarding the procedure; enhancing early case detection, particularly in primary care; and developing specialized technical guidelines for girls and adolescents.

Furthermore, it suggested improving training for health teams and institutional actors, integrating a rights-based and gender perspective; as well as reviewing normative and administrative aspects, especially concerning timeframes, conscience objection, and complaint mechanisms.
You can access Technical Note No. 6 by clicking HERE.

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