Justice affirms that abortion is still legal in Puerto Rico and that it will not prosecute anyone for practicing it

Secretary of Justice, Domingo Emanuelliheld today that the current state of law in Puerto Rico was not disrupted by the determination of the United States Court to revoke the Roe versus Wade case, which recognized constitutional protection for abortion, for which the agency will not prosecute women or professionals of health that carry out this practice on the island.

“As we have stated, Article 98 of the Penal Code of 2012 allows abortion with therapeutic indication performed by a doctor duly authorized to practice medicine in Puerto Rico, with a view to preserving the health or life of the mother.. In turn, in the case Pueblo v. Duarte Mendoza, the Supreme Court of Puerto Rico interpreted that any abortion prescribed by a doctor aimed at preserving the physical or mental health or the life of the pregnant woman is exempt from criminal liability, “said the headline in written expressions.

“The reversal of Roe v. Wade, by the Supreme Court of the United States, following concluding that a right to abortion does not emanate from the Constitution of the United States, did not have the effect of repealing this regulation. explained the secretary, following carrying out a detailed analysis of the regulations.

The secretary indicated that, in accordance with the opinion written by Judge Samuel Alito and endorsed by the majority of the high federal judicial forum, it is now up to the states and territories to take the actions they deem pertinent to regulate and legislate on this issue. “We trust that in this responsible exercise, all the circumstances surrounding a woman who chooses or is forced to terminate a pregnancy are examined, as well as the criteria of health professionals who are experts on the subject,” he asserted.

“The Department of Justice will continue to abide by all legal and jurisprudential provisions, state and federal, in force and that are approved in the future, but always through fair and sensitive application towards human beings. That is our commitment to all sectors of our society, as defenders of the law and the rights of citizens,” he stressed.