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Legal, safe and free abortion: reproductive rights in Argentina.
‘Sexual education to decide, contraceptives to (do not need) to abort, legal abortion to not die’
blog post by Marianna Espinos Blasco, current masters LLM Gender, Conflict and Human Rights student at Ulster University
Protesting in front of the Argentine Parliament with the characteristic green handkerchief of the Campaign for the Right to Legal Abortion (20 of February 2019, photo by N. Pisarenko) Available in https://elpais.com/sociedad/2019/02/19/actualidad/1550608297_024470.html
The struggle for ‘legal, safe and free abortion’ in Argentina took shape in 2005 within the Campaign for the Right to Legal Abortion. More than 70 women organizations mobilized all the country with the slogan ‘Sexual education to decide, contraceptives to not abort, legal abortion to not die’. The claim is asking for an integral work, requiring that the State modifies the Education, Health, Security, and Justice Systems (Senado y Cámara de Diputados, Proyecto de Ley Interrupción Voluntaria del Embarazo, 2019). Larger cultural changes in society are also on the agenda of the women’s movement. Sexual and reproductive rights are human rights and the women’s Campaign in Argentina supports that they should ‘be recognised as a basic right for all’; hence, the universal access to the public health systems must be guaranteed, considering that abortion is healthcare. The following article reviews the historical background of the abortion legal framework in Argentina until the current efforts in the Congress. The 19th of February is the first massive call in 2020 of pro-choice movement around the country for the abortion legislation.
A brief history of Abortion in the Argentinian Criminal Code
Abortion was criminalised within the law since 1921, established in the Argentinian Criminal Code articles 85, 86, 87 and 88. It should be mentioned that, while articles 85, 87 and 88 are enlisting the different abortion offence figures and its respective penalties, article 86 references health professionals’ punishments. The abortion, performed by a qualified medical practitioner, is not punishable when:
If it has been done to avoid endangering the life or health of the or mother's and if this danger cannot be avoided in other ways.
If the pregnancy is the result of rape or is an attack to a disabled woman. In the second case, the consent from the legal representative will be needed to perform the abortion.
There was a debate about these two clauses, modified with more restrictive specifications during the military dictatorship (1976 – 1983). However, an important fact happened in 2012, known as the failure ‘F.A.L’: The Supreme Court of Justice of the Nation (Corte Suprema de Justicia de la Nación, CSJN), hereinafter mentioned as the Court, recognised the right of every women victim of rape to interrupt the pregnancy. Moreover, the Court emphasised on the State obligation to give access to a fast, accessible and safe abortion procedure for such cases. The ‘F.A.L’ also opened the debate of how the role of practitioners that would not perform an abortion because of their own beliefs -also called ‘conscientious objectors’ for some health sectors. The Court expressed the compulsory guarantee to the right to abortion access.
Another turning point was the publication in 2015 of a ‘Protocol to an Integral Attention to People with the Right to a Legal Interruption of Pregnancy’-that mentions being applicable only in the cases that the Criminal Code mentions. However, the protocol lacks ministry support, nor was there adequate implementation strategy across the country. An interesting point from that document is the recognition of gender and sexual minorities. In the publication of 2016, there is the specification about the possibility of ‘trans males to be framed in the grounds of Article 86 of the Criminal Code’ and having ‘the right to receive the same attention as women, adolescents and girls’. The renewed publication of 2019 goes further in the interpretation of the Article 86, in terms of using an inclusive language, while mentioning that the right corresponds to ‘all the people with the capacity of getting pregnant’ and specifying ‘girls, teenagers, women, men, trans people, non-binary people, inter alia.
The Campaign movement and the ‘Choice on Termination Pregnancy’ project
The National Campaign for the Right to a Safe, Legal and Free Abortion (Campaña Nacional por el Derecho al Aborto Legal Seguro y Gratuito), hereinafter the Campaign, was decided by more than 20.0000 women who were gathered in the XIX National Meeting of Women held in Mendoza in 2004. Thus, they decided to start the Campaign on the 28th of May (2005), the International Day of Action for Women’s Health, through more than 70 women organizations from all around the country. The Campaign elaborated a legal project for the ‘Choice on Termination Pregnancy’ (Proyecto de Ley Interrupción Voluntaria del Embarazo) and presented it for the first time in 2007 to the Chamber of Deputies.
2018, a successful year
The ‘Choice on Termination Pregnancy’ project was presented for the seventh time in 2018. That year the social mobilization pro-choice was multitudinous, with the first pañuelazo on the 19th of February, covering green over one hundred cities around the country. It was the first time that the Executive Power included abortion in the legislative agenda and the Argentinian parliament opened the discussion.
Another interesting point was the Committee on the Elimination of Discrimination against Women -the UN body that monitors the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)-, published the Concluding observations on the seventh periodic report of Argentina on the 23rd of November 2018. Thus, two paragraphs mention the need for a change in the abortion law in Argentina:
9. The Committee urges the State party to initiate accountability procedures to ensure that all provinces approve protocols on the practice of non-punishable abortion, in line with the decision of the Supreme Court in 2012 and the national protocol for the comprehensive care of persons entitled to legal interruption of pregnancy (see CEDAW/C/ARG/CO/7, para. 33(b)) and to accelerate the adoption of the bill for the voluntary interruption of pregnancy increasing legal access to abortion, not only in cases of rape and risk to the life or health of the pregnant woman but also other circumstances such as incest and when there is a risk of severe fetal impairment (CEDAW/C/ARG/CO/7, para. 33(d)).
While the Committee observations are not ‘binding’, it is an important move. Firstly, it gives legitimacy to the Campaign, not only for the recognition of sexual and reproductive rights as human rights but also to see abortion as a basic healthcare service; secondly, it resonates among the international community sphere and pushes the political agenda of Argentina to modify the legal framework.
2019: a loud voice within the Argentine Chamber of Deputies
Protest in front of the Argentine congress during the International Day of Action for Women’s Health (28th of May 2019) Available at
The ‘Choice on Termination Pregnancy’ project was presented for the eighth time before Congress, with 70 signatures from Members of the Parliament from different blocs. The 28th of May, in coincidence with the International Day of Action for Women’s Health, there was an event in Annex C of the Chamber of Deputies. There is a summary of the act in the Deputies of Argentina website.
Among the different voices that sounded during the act, highlight the following:
Mónica Menini, a member of the National Campaign for the Right to Legal, Safe and Free Abortion, said that "we have come to demand a right that is a debt for women and that is a priority for public policies." She summarized: "It's a matter of human rights and social justice,"
Romina Del Plá (Front Left and Workers) called for the urgent discussion of the text in Congress: "We don't have time to wait because women are still dying, we have to have it treated immediately", she said. "We have to use the advantage of the election year to make it clear who we are in favour of defending the lives of girls and women and those who are in favour of clandestine abortion," Del Plá added.
Deputy Brenda Austin (UCR) considered that the bill "is the point of union between the green tide and the institution."
The project was discussed in the framework of the Deputies commissions, with more than 700 exhibitors and the debate lasted for four months. On June 13th there was a historic session of more than 23 hours of debate where it was approved with half sanction. However, on the 9th of August the initiative was rejected in the Senate.
2020: the struggle continues
Practicing the choreography "The Rapist Is You" with Las Tesis ( 17th of February 2020, photo by Nicolás Stulberg) Available at https://www.infobae.com/sociedad/2020/02/17/el-violador-sos-vos-la-version-argentina-para-exigir-aborto-legal-de-la-que-participo-claudia-pineiro/?outputType=amp-type
The 19th of February is the first pañuelazo of the 2020 and the Congress of the Nation of Argentina will be surrounded by a green tide; the protest piece of Las Tesis, "A Rapist in Your Path" - also known as "The Rapist Is You", will be performed loudly. The National Campaign for the Right to Legal, Safe and Free Abortion, that this year is on the 15th anniversary, announced the following in a press release:
‘With the handkerchief up and hands together, we will be millions demanding the approval of a Law consistent with equitable access to integral health, equal care, Complete Sex Education and the secular State. Legal abortion is a debt of democracy. It is a claim of the feminist struggle that has set the future of millions of youths in the region, who demand more rights, freedom and autonomy’.
Choice on Termination Pregnancy’ project: core pints highlighted by the Chamber of Deputies
Civil society efforts: The bill was written by members of different regions of the National Campaign for the Right to Legal, Safe and Free Abortion. An articulation proposal was elaborated, which was then worked in each regional and agreed in a national plenary
Grounds for abortion and gestation time limits: The text establishes the right to voluntary termination of pregnancy (IVE) up to fourteen weeks, inclusive, of the gestational process. Meanwhile, it allows IVE in cases of unwanted or unwanted pregnancy, rape product, or that affects integral health.
Access timing: The IVE project also establishes that every woman or pregnant person will have the right to decide and access the practice of abortion within 5 days, in a health facility and without police or justice intervention.
Who can provide services and where can be performed: Among the main points of the project, it states that health personnel must report on the methods for abortion. This information must be "objective, relevant, accurate, reliable, accessible, scientific, up-to-date and secular.
Public sector coverage and Sexual Education at schools: Likewise, the article establishes that both the public and private sectors must cover the practice 100%, as well as diagnostic, medication and therapy benefits. The text of the law also dictates that the curricular content on abortion "must be taught in public, private and social management schools as a right."
The Choice on Termination Pregnancy project is also very inclusive with sexual diversity rights. Article 3 defines that ‘women and other identities with the pregnancy capacity’ is a synonym of ‘women or pregnant person’. Moreover, article 12, which is about ‘Sexual and reproductive health policies and Complete Education’, references the compulsory training of public services in gender perspective and sexual diversity.
To conclude
The Argentina movement to legalize abortion, mainly within the Campaign, is very relevant and claims loudly to achieve abortion as a basic healthcare service. As said previously, it is important to recognize clearly, that sexual and reproductive rights are human rights. For that reason, the movement that stands for a legal, safe and free abortion, went from the streets to the Chamber of Deputies. The Choice on Termination Pregnancy project, even though pending approval, has some core points that can be used as an example in other legislation frameworks. The emerging LGBTI rights and the challenge to heterosexual and/or cisgender norms in Latin America are being addressed from several spheres and angles, being relevant for the sexual and reproductive rights improvements to be more inclusive.
#AbortoLegal2020 #19F #ProyectoAbortoLegalYa
Bibliography
Argentinian Criminal Code, available in http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm (in Spanish)
Campaña Nacional por el Derecho al Aborto Legal Seguro y Gratuito
http://www.abortolegal.com.ar/
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) ‘Concluding observations’ on the seventh periodic report of Argentina (23rd of November 2018) Available at:
https://undocs.org/CEDAW/C/ARG/CO/7/ADD.1
Protocolo para la atención integral de las personas con derecho a la interrupción legal del embarazo (2016) Available at
http://www.msal.gob.ar/images/stories/bes/graficos/0000000875cnt-protocolo_ile_octubre%202016.pdf (in Spanish)
Protocolo para la atención integral de las personas con derecho a la interrupción legal del embarazo (2019) Available at http://www.msal.gob.ar/images/stories/bes/graficos/0000001792cnt-protocolo-ILE-2019-2edicion.pdf (in Spanish)
Senado y Cámara de Diputados, Proyecto de Ley Interrupción Voluntaria del Embarazo (2019) Available at:
Summary of the Legislative debate about the Legal Abortion Project
(May 28, 2019) Available at:
https://www.diputados.gob.ar/prensa/noticias/noticias-podio/noticias_1038.html (in Spanish)
