The Green Wave Movement (La Marea Verde) is a regional movement in Latin America, advocating for gender equality and reproductive rights.[1] The movement represents a significant chapter in Latin America’s fight for safe, legal abortion access.[2] The initiative’s evolution has faced significant victories and current ongoing challenges. The Green Wave has seen successes in Argentina, Mexico, and Colombia, nevertheless, restrictions to safe abortion access persist in countries like Ecuador and El Salvador.[3] A comparative analysis of the Green Wave movement across Latin America underscores the critical role of public support and legal action in securing abortion rights throughout the region.[4]
In 2015, Argentina’s #NiUnaMenos movement rose to bring awareness to the alarming rate of femicides, quickly gaining widespread support for its cause.[5] By 2018, the movement evolved, with over a million activists wearing green handkerchiefs to also advocate for abortion legalization.[6] While the Green Wave’s primary focus remains reproductive rights, its progression as a feminist and human rights movement has led it to connect abortion rights with broader issues of gender violence, such as femicide and sexual violence.[7] Framing abortion restrictions as gender violence unites the fight for reproductive rights with the broader effort for societal change.[8]
In Latin America, abortion is legally accessible in Argentina, Colombia, Cuba, Guyana, Uruguay, and certain states in Mexico.[9] However, in El Salvador, the Dominican Republic, Nicaragua, and Honduras, abortion is entirely banned and women who attempt to terminate their pregnancies face legal penalties, including imprisonment.[10] For example, in El Salvador, individuals who induce an abortion with the woman’s consent or assist her in self-inducing an abortion can face imprisonment ranging from two to eight years.[11] Furthermore, those who aid a woman in obtaining an abortion are subject to a prison sentence of two to five years, with increased penalties for parents who are complicit in these actions.[12] In Honduras, abortion is defined as the death of a human being at any stage of pregnancy or during childbirth, with penalties ranging from three to ten years of imprisonment based on the circumstances and consent involved.[13] Physicians and medical professionals who facilitate or perform abortions can face fines and imprisonment, while women who induce their own abortions may be subject to imprisonment ranging from three to six years.[14]
The obstacles that women face in countries with abortion bans include the fear of criminal prosecution, societal stigma, mistreatment by healthcare providers, and a restrictive interpretation of the health exception.[15] Moreover, criminalization disproportionately impacts low-income women and girls, especially those from Indigenous and Afro-descendant communities.[16] Fearing reports to authorities, many avoid seeking essential medical care, leading to serious health risks.[17] One such case is Beatriz v. El Salvador, heard by the Inter-American Court of Human Rights, which emphasizes the severe consequences of criminalizing abortion.[18] In 2013, Beatriz, who suffered from multiple health issues, faced a high-risk pregnancy involving a fetus diagnosed with anencephaly, a condition incompatible with life outside the womb.[19] Despite recommendations from her medical team, including the Medical Committee of the Dr. Raúl Arguello Escalón National Maternity Hospital, to terminate the pregnancy to protect her health, El Salvador’s absolute abortion ban prohibited any intervention.[20] Seeking relief, Beatriz petitioned the Constitutional Chamber of the Supreme Court of Justice and the Inter-American Commission on Human Rights (IACHR).[21] The Constitutional Chamber denied her request, concluding that her rights were safeguarded through ongoing medical care.[22] However, after the denial, the IACHR intervened and filed an application before the Inter-American Court of Human Rights, requesting provisional measures on Beatriz’s behalf.[23] Despite this, the provisional measures were granted too late; Beatriz ultimately underwent a C-section, and her newborn daughter died shortly afterward.[24] In March 2020, the IACHR determined that El Salvador had violated multiple human rights conventions.[25] The Inter-American Court of Human Rights later ruled that El Salvador breached Beatriz’s rights to life, humane treatment, judicial guarantees, privacy, equality before the law, and judicial protection under the American Convention on Human Rights.[26]
Beatriz’s case and others have fueled the Green Wave Movement in advocating for women and girls affected by restrictive abortion bans. In Argentina, the pro-choice movement gained momentum in 2018 when former President Mauricio Macri opened discussions on abortion legalization, coinciding with the Ni Una Menos movement against gender-based violence.[27] Green Wave activism reframed abortion as a human rights and feminist issue, leading to the historic passage of a legalization bill in December 2020.[28] The movement has also impacted abortion rights in Mexico; in 2021, Mexico’s Supreme Court recognized reproductive freedom as a constitutional right, decriminalizing abortion nationwide and underscoring the importance of secularism in reproductive rights.[29] However, only 15 of Mexico’s 32 states legalized abortion within the first 12 weeks, pointing to the need for further reform at the state level.[30] Similarly, in Colombia, a landmark decision by the Constitutional Court, the country’s highest constitutional court, occurred in February 2022, decriminalizing abortion up to 24 weeks of pregnancy, marking a major step forward for reproductive rights in the region.[31]
While the Green Wave Movement has seen much success throughout Latin America, there is still much work to be done. The movement to decriminalize abortion in Ecuador gained attention when a lawsuit was filed with the Constitutional Court to eliminate a 152-year-old law that criminalizes abortion.[32] Inspired by decriminalization efforts in Colombia, the campaign addressed the urgent need for safe access to abortion by highlighting that the current criminalization has led to unsafe procedures and the prosecution of women.[33] While countries like Argentina, Mexico, and Colombia have seen success with access to reproductive autonomy, many women and girls in other countries are still restricted and need help. Honduras, Nicaragua, and Suiname are examples of countries with total abortion bans.[34] Guatemala, Panama, Brazil, and Venezuela only permit abortions if it is allowed to save the life of the mother or fetus.[35]
The Green Wave movement has reshaped the landscape of reproductive rights in Latin America and achieved significant progress in several countries while drawing attention to the urgent need for advocacy in areas still constrained by restrictive laws.[36] Inspired by Colombia’s recent success in decriminalization, Ecuadorian advocates are calling attention to the urgent need for safe abortion access, citing the public health risks and criminalization that disproportionately impact vulnerable women.[37] To advance these goals, Ecuadorian advocates should focus on specific reforms, such as ensuring legal abortion access for rape survivors, raising public awareness of abortion rights, and organizing collaboration between health professionals, legal experts, and activists to build a broader support network.[38] The Green Wave’s successes in Argentina, Mexico, and Colombia are powerful examples of achieving reproductive autonomy across Latin America.[39] These cases highlight the effectiveness of mobilizing community support and emphasizing reproductive rights as human rights.[40] As public support for reproductive rights grows, the Green Wave Movement must persist pushing for comprehensive legal reform.[41] Equitable access to safe and legal abortion remains essential to achieving reproductive justice across Latin America, especially for marginalized communities facing these barriers.[42] By increasing advocacy-driven reforms and expanding legal protections, the Green Wave Movement can continue working toward a future of reproductive autonomy for all women and girls.
[1] Ximena Casas, How the ‘Green Wave’ Movement Did the Unthinkable in Latin America, N.Y. Times (Nov. 1, 2021, 4:46 PM), https://www.nytimes.com/2021/11/01/opinion/abortion-latin-america.html.
[2] Id.
[3] Claire Eliza Keenan-Kurgan, La Marea Verde: The Personal Significance of Pro-Choice Protest Participation for Young Women in Buenos Aires, Argentina (2023) (Undergraduate thesis, University of Chicago) (on file with the Department of Sociology and Department of Global Studies, University of Chicago); Alma Beltrán y Puga, The Long Quest for Reproductive Justice in Mexico: Feminist Legal Strategies and Challenges to Changing Abortion Precedent in a Federal System, Geo. J. Int’l. Aff. (Jan. 15, 2024), https://gjia.georgetown.edu/2024/01/15/the-long-quest-for-reproductive-justice-in-mexico-feminist-legal-strategies-and-challenges-to-changing-abortion-precedent-in-a-federal-system/; Cristina Quijano Carrasco, Navigating Obstacles Abortion Access in the State of Mexico, Human Rights Watch (Aug. 13, 2024), https://www.hrw.org/report/2024/08/13/navigating-obstacles/abortion-access-state-mexico.
[4] Ximena Casas, “Why Do They Want to Make Me Suffer Again?” The Impact of Abortion Prosecutions in Ecuador, Human Rights Watch, https://www.hrw.org/report/2021/07/14/why-do-they-want-make-me-suffer-again/impact-abortion-prosecutions-ecuador.
[5] Lucy Flores, What is the “Marea Verde,” the Reproductive Rights Movement Sweeping Latin America?, Luz Media, https://luzmedia.co/marea-verde-reaches-the-us (last visited Nov. 9, 2024).
[6] Id.
[7] Rebekah Marilyn Groth, La Marea Verde: Feminist Organizing for Abortion in Mexico (2019) (B.A. thesis, Sam Houston State University) (on file with the Graduate Faculty of the University of Georgia).
[8] Id.
[9] Flores, supra note 5.
[10] Id.
[11] El Sal. Penal Code 1997, 2016 arts. 133-34.
[12] Id. art. 136.
[13] Código Pen. De Hond., art. 126(1)-(3).
[14] Id. art. 127.
[15] Casas, supra note 4.
[16] Id.
[17] Id.
[18] Beatriz v. El Salvador, Case 13.378, Inter-Am. Comm’n H.R., Report No. 9/20, OEA/Ser.L/V/II.175, doc. 15 rev. ¶ 1 (2020).
[19] Id. ¶ 3.
[20] Id. ¶ 34, 39.
[21] Id. ¶ 46.
[22] Human Rights Watch, Amicus Curiae Brief in Beatriz v. El Salvador, (Apr. 7, 2023) (No. 13.378).
[23] Inter-Am. Comm’n H.R., IACHR Takes Case Involving El Salvador’s Absolute Ban on Abortion to the Inter-American Court of Human Rights (Jan. 11 2022).
[24] Id.
[25] Human Rights Watch, supra note 23.
[26] Inter-Am. Comm’n H.R., supra note 24.
[27] Claire Eliza Keenan-Kurgan, La Marea Verde: The Personal Significance of Pro-Choice Protest Participation for Young Women in Buenos Aires, Argentina (2023) (Undergraduate thesis, University of Chicago) (on file with the Department of Sociology and Department of Global Studies, University of Chicago).
[28] Id. at 16.
[29] Alma Beltrán y Puga, The Long Quest for Reproductive Justice in Mexico: Feminist Legal Strategies and Challenges to Changing Abortion Precedent in a Federal System, Geo. J. Int’l. Aff. (Jan. 15, 2024), https://gjia.georgetown.edu/2024/01/15/the-long-quest-for-reproductive-justice-in-mexico-feminist-legal-strategies-and-challenges-to-changing-abortion-precedent-in-a-federal-system/.
[30] Cristina Quijano Carrasco, Navigating Obstacles Abortion Access in the State of Mexico, Human Rights Watch (Aug. 13, 2024), https://www.hrw.org/report/2024/08/13/navigating-obstacles/abortion-access-state-mexico.
[31] Ximena Casas, Landmark Decision on Colombia Abortion Rights, Human Rights Watch (Feb. 22, 2022), https://www.hrw.org/news/2022/02/22/landmark-decision-colombia-abortion-rights.
[32] Catalina Oquendo, The green tide arrives in Ecuador: A new movement demands the decriminalization of abortion at the Constitutional Court, El País (Mar. 19, 2024), https://english.elpais.com/international/2024-03-19/the-green-tide-arrives-in-ecuador-a-new-movement-demands-the-decriminalization-of-abortion-at-the-constitutional-court.html.
[33] Id.
[34] The World’s Abortion Laws., Center for Reproductive Rights, https://reproductiverights.org/maps/worlds-abortion-laws/?country=HND (scroll to the interactive map, search for Honduras, Nicaragua, Suriname, Guatemala, Panama, Brazil, and Venezuela) (last visited Nov. 9, 2024).
[35] Id.
[36] See supra note 3.
[37] Casas, supra note 4.
[38] Id.
[39] See supra note 3.
[40] Id.
[41] Casas, supra note 4.
[42] Id.
