Morning After Pill Judgement Could Be Impugned

The local daily La Tercera in today's edition publishes that the legal arguments used to impugned the distribution of the morning after pill were taken from a legal opinion written by Constitutional Court judge Raul Bertelsen a few years earlier. Bertelsen wrote a legal opinion against the morning after pill, birth control pills and IUDs that these methods prevent the implantation of an egg in a woman's uterus.

That opinion was taken word by word, according to La Tercera, in the constitutional challenge against the distribution of the morning after pill and all other forms of contraceptives. Lead lawyer Jorge Reyes says he used the opinion in proper legal form. But Reyes failed to cite the legal opinion in the challenge.

But Bertelsen now becomes the issue because he ruled in a Constitutional challenge knowing that his opinion was part of the legal writ filed by those opposing the distribution of birth control methods and emergency contraceptives.

Members of Congress who oppose the 5-4 decision to ban the distribution of the emergency contraceptive want the Court to quash its decision and demand judge Bertelsen to step aside on this particular case. The same position, say the Congressmen, should extend to Jose Luis Cea who issued a press release outlining the Courts decision and Mario Fernandez who is on record saying that when it comes to moral opinions he defers to the opinion of his Catholic Church Bishop.

Women's and pro choice groups are accusing judge Bertelsen of not only conflict of interest, but of prevarication. This means that a judge acted as part and jury in a legal case subverting the principle of equality before the law.

Constitutional Court Bans Emergency Contraceptive

In a decision that angered the Government, the Constitutional Court in a 5 to 4 vote declared unconstitutional the public distribution of the emergency contraceptive "morning after pill." The ruling comes after a group of 36 conservative right-wing members of the Lower House of Congress petitioned the Constitutional Court arguing the pill causes abortion.



The decision though awaited, it angered President Michelle Bachelet, women and pro-choice groups who demonstrated in anger Friday and the days before the release of the ruling.

The Constitutional Court ruled the emergency contraceptive "may cause an abortion" and that point of uncertainty the majority found it contravenes the right to life provision in the Chilean Constitution which enshrines life begins at the point of conception.

The claimants also wanted declare unconstitutional a series of birth control pills and IUDs claiming they also cause spontaneous abortion by denying conception from taking place. The Constitutional Court rejected these claims.

President Bachelet told reporters the ruling tears down the principle of equality in society because it creates inequality in women´s rights to control their reproductive life. Bachelet says the decision allows for the emergency contraceptive to be sold in pharmacies, but the public health system cannot freely distribute the emergency contraceptive to women who needed it.

The majority opinion in the country is to condemn the Constitutional Court ruling, the Minister of Health, Soledad Barria, says the risk for clandestine abortion is greater and a throw back to back alley abortions. The same opinion was given by reproductive medicine expertes.

Pro-choice groups and supporting politicians demanded the resignation of two Court members who did not declare a conflict of interest on a previous legal opinion written a couple of years back and the second of strict religious beliefs.

Raul Bertelsen a few years back in private practise wrote a legal opinion describing the emergency contraceptive abortive. Meanwhile, Mario Fernandez says he takes into account on issues of moral values the opinion of his Catholic Church Bishop before any other view.

Women and pro-choice organizations are calling on the Government to seek alternative options to distribute the emergency contraceptive, including selling the pill to low income women at a reduced cost.

The pill sells on pharmacies at about $7 thousand pesos, some 14 dollars. The minimum wage in Chile is about 300 dollars a month placing the emergency contraceptive outside the ability of low income Chileans to acquire the pill; explaining Government anger and initial decision to freely distribute the medication within the public health system.