Tag Archive for: Gender

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Diploma in Feminist Strategic Litigation launched

Amnesty International, ELA – Latin American Team for Justice and Gender, Fundeps and the O’Neill Institute for National and Global Health Law (Georgetown University) announce the launch of a new training course for lawyers in Argentina that brings together renowned faculty from throughout the region.

The proposal is aimed at legal professionals who wish to be trained in feminist strategic litigation strategies on sexual and reproductive rights in order to develop as leaders in their communities and environments. The Center for Legal and Social Studies (CELS) and the MxM Foundation support the initiative.

The Diploma will be free of charge and will be developed virtually between March and October 2024 through synchronous meetings and will culminate with a practical and face-to-face litigation experience in the Autonomous City of Buenos Aires, for which scholarships will be granted.

In addition, those students who have obtained a certificate of approval will be able to apply for a legal internship in the organizations coordinating the Diploma, so that they can apply the knowledge, skills and tools they have acquired.

Registration in this form

Brochure – information about the schedule, modules and teachers.

For more information: diplomaturalitigiofeminista@gmail.com

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We accompany La Casita Trans in a lawsuit for discriminatory content

In June of this year, La Casita Trans filed a lawsuit in the jurisdiction of violence against the Medical Council for offering training with pathologizing content. From Fundeps we present an amicus curiae in the case.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

La Casita Trans is a Civil Association of Córdoba that accompanies trans identities and their families. Through different actions they fulfill one of their fundamental objectives: working for the recognition and protection of their rights. They are also a center of support and reference, with a focus on trans masculinities.

At the beginning of this year, through publications on social networks of the Medical Council of the province of Córdoba about training aimed at health professionals, the entity promoted an update program that has a module named “Gender Dysphoria.” La Casita intervened by filing a complaint with INADI, requesting rectification of the training since, with that name, it violates current laws and contains violent and discriminatory content against trans identities.

Given the lack of agreement and appropriate response from the Medical Council, the organization filed a lawsuit to prevent this training module from being carried out. The case is pending before the 3rd Nomination Court of Children, Adolescence, Family and Gender Violence of Córdoba.

At Fundeps we intervened through an amicus curiae in which we confirmed that the pathologization of trans identities violates current legislation, the timeliness of scientific information and constitutes a type of violence. It is particularly dangerous that the entity that regulates and supervises the medical profession in our province dictates training with outdated scientific content. It must be taken into account that the organization is in charge of training professionals who will then reproduce said learning in doctor-patient relationships, with the risk of generating situations of violence, discrimination and violation of human rights.

The current international and national provisions, which in our country have been pioneers and avant-garde in the matter, are essential for the protection and recognition of the human rights of diversities. Therefore, judicial interventions that seek to guarantee its respect and avoid future violations are a key tool to ensure compliance.

In a socio-cultural context that still strains the human rights of people from the LGBTIQ+ community, it is necessary to act against symbolic violence. These violations are directly related to hostile treatment in the field of health, which influences trans people to avoid it so as not to be (re)victimized.

The State, private entities and society must focus on supporting the diversity of gender experiences, celebrating the identity of each person and creating inclusive spaces that promote the well-being and safety of trans people.

See Amicus curiae

 

Autora

Luz Baretta

Contacto

Mayca Balaguer, maycabalaguer@fundeps.org

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Breaking the mold: advocacy from a feminist perspective

From Fundeps, together with IDEJUS and Católicas por el Derecho a Decidir, we present “Breaking schemes: a Conversation on Feminist Litigation” at the Faculty of Law of the National University of Córdoba. We spoke with an international panel of lawyers with outstanding experience in the defense of human rights.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On Friday, September 15, within the framework of the optional subject “Feminist Litigation: Legal Strategies for Gender Equality” taught this semester at the Faculty of Law, the first discussion on feminist litigation took place. The subject addresses conceptual issues about strategic litigation and feminist criticism of law, with a practical part in which cases and experiences are studied. The teaching team is made up of lawyers from Fundeps, CDD and IDEJUS.

With the participation of Lucía de la Vega (CELS), Soledad Deza (Women x Women), Mariela Galeazzi (Amnesty International), Patricia Sotile (Latin American Justice and Gender Team) and Natalia Acevedo Guerrero (O’Neill Institute for Law and Global and National Health from Georgetown University), we talked about her experience in social organizations and in the development of strategic litigation, the obstacles to the practice of law with a feminist perspective and her response to all types of judicial controversies. They highlighted the importance of collective and interdisciplinary work for comprehensive approaches and the need for training in feminist and human rights perspectives in the legal field.

With a review of those causes in which they participated, the progress of the integration of perspectives for real access to justice and the importance of its promotion and dissemination was analyzed.

Through these instances, in line with what was discussed with the panel and with the institutional support of the Faculty of Law, we are committed to contributing to the training of legal professionals with a gender perspective.

 

Author

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Abortion rights advocacy work is collective and international

During the last few months we have participated in international training, exchange and strengthening of the struggle for the right to access to abortion in the continent.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Both the organization for advocacy and the difficulties involved are a common factor of the movements in the struggle for access to abortion throughout the region. With their differences and local particularities, a large group of people are part of international instances to share experiences and perspectives.

A tide that crosses borders

In February, following the new scenario that emerged with the decision of the U.S. Supreme Court to overturn the famous “Roe v. Wade” ruling, the Green Wave Gathering was held in Washington, D.C. More than one hundred leaders and activists from the Americas participated under a fundamental premise of the feminist movement: joining forces. During three days, there were multiple tables of exchange and presentation of the problems of each country and the ways to address them, focusing on the construction of an intersectional and decolonial perspective of struggle. The meeting ended with a pañuelazo at Freedom Plaza, where the artwork created by the artist Paola Mendoza, representing the connection between the two continents for reproductive justice, was exhibited. In addition, the artwork pays tribute to the activists who have worked tirelessly to promote reproductive rights in both regions.

 

 

Persisting for change: abortion is our right

In June we also participated in the VII Regional Conference of CLACAI (Latin American Consortium Against Unsafe Abortion) which took place in Panama City, Panama. The Conference brought together health and legal professionals and journalists working for the defense of abortion rights from eighteen Latin American countries. There were multiple spaces for debate, training and collective construction for a comprehensive approach to the proposal. We would especially highlight the first face-to-face meeting of the recent Youth Network for the Right to Abortion in Latin America and the Caribbean, which is presented as a powerful space for the future of the movement.

The exchange of regional experiences and the strengthening of networks is one of the great signs that the struggle is collective.

 

 

Networked law

In line with the strengthening of networks and as part of the CLACAI Legal Network, we recently presented an Amicus Curiae before the Constitutional Court of Colombia. This action is framed in a case about a situation of multiple violence in the care of a young woman’s termination of pregnancy.

Through these instances we fight for the participation and collective and regional construction of the legal recognition of the right to access to safe abortions, the construction of public policies and standards respectful of the human and fundamental rights of pregnant women.

 

Author

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Training cycle: Rethinking the Economy, a feminist look

From August 5 to September 30 we will carry out a training cycle on Feminist Economics at the UPC. It is aimed at self-management organizations, enterprises, cooperatives, unions, academic spaces, civil society organizations, social and feminist movements and interested people in the Province of Córdoba.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Did you know that women dedicate twice as much time as men to domestic and care work, and that this affects them, leading them to situations of greater precariousness and poverty?
We know this data from the contributions of Feminist Economics. This offers a critical perspective that allows us to discuss the limits of conventional economics, recognizing the activities that take place in the realm of “the private” and demonstrating that they are essential for life to happen. It contributes to reflections on the economic aspects of the lives of women and LGTBIQANoBi+ and how they are related to access to their rights.

The critical approach of Feminist Economics allows us to analyze the complexity of economic reality, not only to better understand it but also to transform it. That is why it is a commitment to establish the bases towards “another, fairer economy” in which we can participate.

For this reason, we invite you to participate in a training cycle for mutual learning and critical reflection from the tools provided by the Feminist Economy. It is aimed at self-managed organizations, enterprises and cooperatives, unions, academic spaces, civil society organizations, social and feminist movements and people interested in the subject of the Province of Córdoba.

We hope that this space generates powerful dialogues between the conceptual assumptions of this perspective and the life and organizational experiences themselves, to problematize the living conditions and build foundations that sustain and strengthen experiences that bet on the sustainability of life.

Schedule and contents
The cycle will take place in the City of Arts of the Provincial University of Córdoba, on Saturday August 5, 19 and 26 and September 9, 23 and 30. The meetings will be from 11 a.m. to 4 p.m.
The training is made up of 4 modules organized in a comprehensive and sequenced manner to be able to delve into specific topics and debates at each meeting.

For more information, download the content program 

Inscription
It is possible to enroll in the complete cycle as in 1 or more separate modules. We recommend participation in the entire cycle to have a full and deep understanding of the proposed themes.

Interested persons must register through the following form. We will prioritize the participation of feminized subjects and the LGTTTBIQ+ community.
The registration deadline is July 30 inclusive.

Transfer grants
We will provide transfer scholarships so that distance is not an impediment to participation from different parts of the province of Córdoba.
Because we have a quota of transfer scholarships, we will prioritize those who do not reside in the City of Córdoba and cannot afford transportation.
The application for these scholarships is made through the registration form. We will communicate directly with those who access the scholarship up to a week before the start of the cycle.

Accreditations
People who attend the training, either the full cycle or one of its modules, will receive the corresponding accreditation certificate endorsed by the Feminist Economics Space, Fundeps and the University Extension Secretariat of the Provincial University of Córdoba.

Organized by: Fundeps, Espacio de Economía Feminista and Fundación Heinrich Böll.
Support: Provincial University of Córdoba

More information

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Pañuelos en Lucha: a podcast on feminist action for the sanction and defense of the abortion law

We present “Pañuelos en lucha”, a series of four episodes that highlights the testimonies of different people who fought for the sanction of the Voluntary Interruption of Pregnancy Law in Argentina and continue to raise their handkerchiefs to defend it.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The project, carried out together with Parque Podcast and with the support of the Mujeres del Sur Fund, has as its protagonists the voices of women and gender dissidence members of the green tide, who had some type of participation in the process prior to the enactment of the law , and in its subsequent implementation and defense.

Based on the collection of testimonies and the sound archive that brings together experiences from different parts of the country, we tell the story of the enactment of the IVE law and what came after. The objective of this sound essay is to serve as a historical account that recovers and reconstructs various forms of organization and strategies of struggle of the movements in favor of reproductive autonomy.

We set out to reflect how, despite the actions and strategies implemented by conservative and religious fundamentalist groups, the sanction could be obtained and work continues for its full implementation.

Each episode poses a fight scenario. In the first, “The desire made law”, we develop how the conquest process was experienced in Congress, during the vigils, and what the collective achievement of a law means. In the second, “Not a step back”, we reflect on how this right is accessed in health systems. In the third, “Winning the courts”, we tell how the judicial scenario is constituted as a space for dispute. Finally, in the fourth, “Abortion after abortion”, we propose some reflections on the pending challenges and how we see the future.

The ideation process of each episode and the collection of testimonies was carried out by the staff and volunteers from Fundeps’ Gender and Sexual Diversity and Communication areas. The script was written by Florencia Flores Iborra. The recording was in charge of Leticia Riera. The mixing and sound design was in charge of Paula Manini and the locution was by Constanza Barbisan.

 

We invite you to listen to it!

 ACCESSED ALL EPISODES

 

And here we share the transcriptions of the scripts for each episode:

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Provincial justice confirms that abortion is law in Córdoba

A new judicial rejection of those who seek to take away our rights

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Today, the First Administrative Contentious Chamber of the Province of Córdoba has confirmed the constitutionality of abortion by rejecting the unfounded injunction filed against the application of Law 27610 in our province. This decision makes it clear that legal proceedings should not be used as a tool to obstruct the exercise of human rights for women and individuals with the capacity to become pregnant.

Despite the futile attacks and the displeasure of groups seeking to roll back the acquired rights over our bodies, abortion is protected by law and enjoys broad legal and social consensus.

Key points from the court ruling:

The Chamber has decided to reject the injunction with the votes of two judges, Ángel Antonio Gutiez and Gabriela Cáceres. Judge Leonardo Massimino issued a dissenting opinion.

Judge Gutiez states that the action should be rejected outright because it is merely an expression of dissatisfaction with Law 27610, rather than a challenge to local legislation or public policy that would justify the injunction. However, due to the significance of the underlying issue and its various impacts on society, he addresses the plaintiff’s arguments.

Firstly, he affirms that Law 27610 is the result of balancing fundamental rights by the legislators of the National Congress in the legitimate exercise of their powers and as representatives of the whole society. These rights encompass those of the hypothetical human being in the womb and those of women and individuals with other gender identities who have the capacity to become pregnant.

Regarding the protection of the right to life, the ruling states that, contrary to the plaintiff’s claim of absolute protection of life from conception, “in our legal system, human life, since its beginning at conception, receives varying degrees of protection that increase as the fetus grows. If born alive, that ‘child’ obtains the full range of rights that protect an individual who can live independently outside the body that hosted them throughout their life until its end.” This gradual and incremental protection of the right to life arises from the American Convention on Human Rights and the interpretation made by the Inter-American Commission on Article 4 in the “Baby Boy” case. Therefore, legislation that allows exceptional cases that restrict the broad concept of the right to life, such as Law 27610, is respectful of this treaty.

Regarding the purpose of Law 27610, the judge asks why there was a need for a law on access to voluntary termination of pregnancy. The ruling states that the reasons why a woman wishes to have an abortion can be manifold, but they are all intimately personal, and it is her sole responsibility to assess them. The ruling emphasizes that it is the woman who will have to carry the result of conception in her body for nine months, with all the risks involved, and who will have to give birth, with all the pain and risks that entails, even with the advances in modern medicine. The ruling states that in a reality where abortions occur, whether legal or illegal, Law 27610 should only be seen as a measure of healthcare; nothing more than that. The law’s sole purpose is to ensure that women who decide to have an abortion, guided solely by their conscience, can do so under appropriate healthcare conditions, allowing them to terminate the pregnancy without the risk of death or permanent sterility, among other equally undesirable outcomes.

The ruling unequivocally affirms that “the law does not encourage the killing of children; the law does not promote abortions. The only thing the law does is to permit women who decide to have an abortion to do so in an environment where their health is protected. […] What a woman seeks through abortion is to free herself from the pregnancy itself and from the care of a child that may be born. Which of these reasons or others leads her to make that momentous decision belongs to her innermost sphere, and the State cannot, in order to protect a potential person, so severely restrict a woman’s will.”

Regarding the provincial and national competencies in health matters, the plaintiff argued that the national government exceeded its powers by enacting the law, and therefore, the province should not have applied it within its territory. However, the Chamber understands that the powers over health policy are concurrent between the Nation and the province of Córdoba, and it states that “issues related to health law and public health can be regulated by federal or national laws. Asserting the opposite would be tantamount to postulating the unconstitutionality of laws on organ transplants (24,193), sexual health (25,673), patient rights (26,529), mental health (26,657), vaccination (27,491), comprehensive health care during pregnancy and early childhood (27,611), among others.”

Regarding the lack of a specific case to trigger the constitutional review, the injunction requested the declaration of unconstitutionality of the law in the province. However, the Chamber understands that there is no concrete case on which to apply constitutional review. In this regard, it states that “the Argentine system of judicial control over norms with respect to the Constitution is diffuse, meaning that any court can exercise it in the case presented for its resolution. What cannot be done, not even by the Supreme Court of Justice of the Nation, even if it issues a hundred identical judgments, is to universally repeal the application of a law enacted by the National Congress.”

Regarding the relevance of the Supreme Court precedent in the FAL case, the plaintiff requested the declaration of unconstitutionality of several articles of Law 27610, particularly focusing on Article 16. This article amends Article 86 of the Penal Code, which previously regulated abortions in exceptional cases. The Chamber notes that the Supreme Court already ruled on this issue in the FAL case in 2012, a discussion that the plaintiff seeks to reopen, and states that “all the tortuous imagination displayed by the plaintiff in imagining extreme and barbaric scenarios to try to validate his position has a response in the very Supreme Court of Justice of the Nation” which ruled on this matter in the FAL case.

Regarding the rights of women and individuals with the capacity to become pregnant, Judge Gutiez points out that the plaintiff completely disregards the rights granted to women and pregnant individuals by International Treaties, as well as the National and Provincial Constitutions. He notes that the plaintiff diminishes women as holders of their own rights, “treating them more as mere receptacles for unborn individuals.”

Finally, in concluding the ruling, the judge states that: “The era we live in our country has meant and means progress in recognizing the rights of women as such, demolishing barriers, preconceptions, stigmas, and prejudices; recognizing their unique and singular entity and identity. Among these essential rights is the simple right to choose; the right to choose whom to relate to and how; the right to choose to have or not to have children; the right to choose how far she wants to advance in her career, work, or profession, breaking any glass ceiling; the right to independently decide what to do with her body. Law No. 27,610 allows women to exercise one of these choices without interference from any other person, religious organization, or the State.”

With this ruling, the judiciary reaffirms that abortion is a right that all women and individuals with the capacity to become pregnant in the province of Córdoba can enjoy within frameworks of respect and dignity.

Therefore, today and always, we will continue raising our flags: throughout the country, abortion is legal.

Access the full ruling for more information.

 

Contact 

Mayca Balaguer, maycabalaguer@fundeps.org

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We presented amicus curiae before the Inter-American Court in the case “Beatriz vs. The Savior”

On April 4, we appeared as amicus curiae before the Inter-American Court of Human Rights, in the case “Beatriz vs. El Salvador”, in which the violations of the rights of Beatriz and her family are denounced due to the absolute prohibition of voluntary interruption of pregnancy in that country.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Beatriz was 22 years old in 2013, when she demanded access to a therapeutic abortion before the courts of El Salvador, since her life was at risk due to having an anencephalic pregnancy (without a brain), with no chance of survival, added to a series of previous illnesses. The abortion request was finally denied by the Salvadoran courts.

Given this refusal from the Constitutional Chamber of that country, the organizations that accompanied the young woman took the case to the Inter-American Human Rights System, and both the Commission and the Court respectively granted precautionary and provisional measures. On June 3, Beatriz began labor, so she had to undergo a cesarean section. The anencephalic fetus died five hours later. The event had wide international repercussions due to the tragedy and violation of rights it meant.

The Inter-American Commission on Human Rights (IACHR) determined that El Salvador was responsible for the violation of Beatriz’s rights and recommended that the State adopt measures to guarantee real access to abortion in situations where the fetus is not viable with extrauterine life. and risk to the health and life of the mother. In January 2022, the case was elevated to the Inter-American Court of Human Rights.

One of the axes of our work is the promotion of the human rights of women and other identities, such as the right to health. In addition, we have actively participated through communication campaigns and political advocacy activities in the process of legislative discussion and subsequent sanction of the national Law 27,610 on Voluntary Interruption of Pregnancy in Argentina.

Through our amicus, in addition to maintaining that there has been an impact on the human right to health in light of international law, we seek to contribute our experience as an organization that works on the issue in Argentina, maintaining that the criminalization of abortion is a form of violence against women, and that the criminalization of abortion is a deficient response by States. Therefore, there is a need to review the restrictive legislation that still exists in other countries in the region.

In this sense, it has been shown that laws that prohibit abortion do not reduce the number of abortions that are performed. According to the World Health Organization (WHO), nearly 6.5 million abortions are performed annually in Latin America and the Caribbean, despite the fact that in most countries in the region abortion is illegal or strongly restricted. . The criminalization of abortion only makes the procedures clandestine and unsafe, which puts women’s health and lives at risk.

The Inter-American Court has the opportunity to establish an important precedent in this case, confirming that the absolute criminalization of abortion is a violation of human rights and that States have the obligation to guarantee access to safe and legal abortion in certain circumstances. We hope that the Court gives rise to what was proposed by the Commission and sends a clear message to the States of the region about the need to protect the human rights of women and other identities with the capacity to bear children.

Access the complete Amicus

 

Author

Vanina Piccardo

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Training to guarantee careful practices of Voluntary and Legal Interruption of Pregnancy in towns of Córdoba

Together with the ECOS Foundation, during the months of October, November and December 2022 we were participating in different training and education instances where we addressed fundamental contents to carry out careful accompaniment and guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE / ILE ) from an integral and human rights perspective. These spaces were especially aimed at health personnel.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The training meetings were held in collaboration with the Aurelio Crespo de Cruz del Eje Regional Hospital, the Villa Dolores Regional Hospital, the Dr. Luis María Bellodi Regional Hospital of Mina Clavero, the Villa Carlos Paz Municipal Hospital and the Peasant Movement of Cordoba in the town of Villa de Soto. Around 180 people participated, including health authorities, health professionals, nursing staff, administrative staff, students from disciplines related to health, community health promoters and the general public.

In each meeting, training was provided on the current legal framework that regulates the legal and voluntary interruption of pregnancy, with a detailed development of Law 27,610 and Law 26,529, which regulates the rights of patients in their relationship with professionals and institutions. Of the health. The training also consisted of the development of technical content for the comprehensive approach to careful follow-up, in compliance with internationally recommended parameters to guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

Within the framework of the trainings, we present and distribute our Guide to careful practices for the care of the interruption of pregnancy. It is a document that addresses legal and health aspects based on current legislation, international standards and the recommendations of the World Health Organization (WHO).

Through these instances of training and training aimed at health personnel, we intend to collaborate with the refinement and improvement of this practice from a legal and comprehensive perspective, respectful of human rights and in line with the most current regulations on health matters. In this way, we support the training of health personnel who facilitate the exercise of the rights of women and people with the capacity to gestate, whom we consider guarantors of rights and defenders of human rights.

Authors

Luz Baretta

Mayca Balaguer

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Aborting is legal and accompanying too

A few days after the second anniversary of the enactment of the Voluntary Interruption of Pregnancy Law, a new episode of persecution of the reproductive freedom of pregnant people occurred. This time in the city of Villa María, where 4 lifeguards and a doctor were arrested.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Arbitrary raids and arrests

During the afternoon of Wednesday, December 21, two members of the Socorristas en Red organization and a health professional were arrested after a series of raids were carried out, at the request of the Public Prosecutor’s Office, for the alleged crime of illegal practice of medicine. , a crime that, according to the Penal Code of the Nation (art. 208), is releaseable. In turn, two more people had an arrest warrant but were not in the country at the time, which is why, through their lawyer, they made themselves available to justice and began to return to the country. Despite this, the prosecutor’s office issued arrest warrants for no reason, which led to their arrest at Ezeiza upon entering the country, on Christmas Eve.

By virtue of the appeal that the defense attorney presented before the Control Court, on Friday, December 23, the release of the health professional was ordered and the following Monday the other four detainees were released. Along with the request for release made by the defender, multiple civil society organizations appeared before the Court spontaneously expressing their concern for the case in a context in which access to the interruption of pregnancy is a recognized right at the national level. and especially because of the type of measures adopted in the framework of the criminal investigation, which were clearly intimidating and disproportionate.

First aid is health

Since its inception in 2012, Socorristas en Red was established as an articulation of collectives that, throughout the country, provide information and openly accompany people who decide to terminate their pregnancies, so that they do so safely and cared for, in accordance with the law and international health and human rights standards.

The practice of the socorristas consists of informing and accompanying the decisions of those who decide to abort, through listening that accommodates the needs and desires of the people who come to them. First aid supports and demands the dignity and justice of abortions, whether self-managed or in the health system. In their daily work, they produce their own materials with information on the practice, communication campaigns and dissemination of rights, and systematizations on the cases they accompany. Their work is public and visible, and its objective is to work for cultural changes that contribute to eradicating shame, fear, and stigma around abortions, so that they are a free and careful practice.

Within the framework of Law 27,610, the delivery of information and accompaniment in the pregnancy termination process carried out by lifeguards is legal and should not be penalized. So much so, that at the international level it is recognized that community accompaniment for transit through pregnancy interruptions is of great importance to improve the safety, effectiveness and individual experience of this process.

Legal abortion in the hospital and anywhere

Since the enactment of the Law on Access to Voluntary Interruption of Pregnancy and Postabortion Care in December 2020, deciding to terminate a pregnancy freely is a right of all people with the capacity to gestate. The law also recognizes the right to request and access care for this practice in the health system services. Therefore, all health personnel (including administrative and security) are responsible for guaranteeing and not obstructing the right to terminate a pregnancy, without prejudice to the fact that these practices can be carried out self-managed.

According to the Protocol for the comprehensive care of people with the right to voluntary and legal termination of pregnancy (IVE/ILE), the care model centered on people adopted by Law 27,610 recognizes the performance of pregnancy terminations with the assistance of health personnel and self-managed. Self-managed practices are considered safe by the World Health Organization (WHO) if they are carried out with adequate information and the methods indicated according to the gestational age and clinical history of the pregnant person. In this way, the preferences and individual aspirations of the users of the services are taken into account and the cultural practices and values ​​of their communities are considered.

These self-managed practices are carried out through the use of medications, such as misoprostol alone or combined with mifepristone. Widespread practice and numerous investigations have shown that performing the medication procedure on an outpatient and self-managed basis is a safe and effective option. Likewise, it is chosen by many women or other people with the capacity to gestate, because it allows them to start the interruption process at the time and place that is most comfortable for them and gives them greater peace of mind.

We do not return to hiding

Two years after the sanction of Law 27,610, which abandoned the criminal paradigm, and recognized the right of women and other people with the capacity to gestate to interrupt their pregnancies, we repudiate this judicial offensive, which is added to a series of strategies that are implemented by conservative sectors to oppose the rights won. We demand that the criminal investigation continue in accordance with the principles that govern human rights and considering the impact that this case has on access to a fundamental health service. The persecution of those who accompany abortions deepens the stigma about the practice, perpetuates stereotypes and endangers access to the right to health.

Support from civil society

On Monday, December 26, about 50 social organizations appeared before the Control Court to express their concern regarding the deprivation of liberty of the 4 lifeguards who were still detained:  Amnistía Internacional Argentina, Centro de Estudios Legales y Sociales (CELS), Centro de Estudio de Estado y Sociedad (CEDES), Católicas por el Derecho a Decidir (CDD), Equipo Latinoamericano de Justicia y Género (ELA), MxM, Fundación ECoS Espacio Córdoba Salud, Consorcio Latinoamerciano en Contra del Aborto Inseguro (CLACAI), Biblioteca Popular Julio Cortázar/ Radio Comunitaria La Quinta Pata, Fundación GEMA – Género y Masculinidad, Centro de Apoyo y Protección de los Derechos Humanos – Surkuna, Centro de Derechos Reproductivos, Movimiento Campesino de Córdoba, Consultorio de Salud Integral, Centro de Investigación y Formación de los Movimientos Sociales Latinoamericanos (CIFMSL), La Tinta, Ni Una Menos, Asociación Civil por la Igualdad y la Justicia (ACIJ), Instituto Laico de Estudios Contemporáneos (ILEC), Fundación para Estudio e Investigación de la Mujer (FEIM), Fundación Siglo 21, Fundación Mujeres en Igualdad (MEI), Fundación Derechos Humanos, Equidad y Género (Fundheg), Movimiento Socialista y del Trabajo (MST), Unión de Trabajadores de Salud, Cooperativa Luna Nueva, Cooperativa Soberanía alimentaria, Cooperativa Podemos, Cooperativa Construyendo Dignidad, Cooperativa Macollando, Asociacion Civil Construyendo Dignidad, Asociación Cordobesa de Medicina Familiar y General (A.C.O.M.F.Y.G), Comisión Provincial de la Memoria de Córdoba, Familiares de detenidos y desaparecidos por razones políticas de Córdoba, Observatorio de Género, Diversidades y Disidencias CPP, Tierra Violeta, REDAAS, Ipas Latinoamérica y el Caribe (Ipas LAC), Fundación Huésped, FUSA A.C., Colectivo de Educadorxs Desde el Sur, Lesbodramas, Colectivo de Acción Contra las Violencias de Géneros de Misiones, Adultxs Protectorxs contra el Abuso Sexual en la Infancia, Docentes por el derecho al Aborto. Misiones, Ñanduti Agrupación Feminista de El Dorado, Colectiva feministas Las Azucenas (La Plata), Consejo Asesor de la Dirección Nacional de Salud Sexual y Reproductiva. 

Authors

Luz Baretta

Mayca Balaguer

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Inclusive language: Concepts, recommendations and resources

The use we make of language is always loaded with meaning. Therefore, it becomes a tool to recognize the rights of identities that have been historically invisible.

Our starting point is to understand that what is not named does not exist, that is, it sustains oppressive power relations that reproduce inequalities and injustices. Therefore, when we refer to exclusive linguistic uses, we want to explain how the use of the masculine gender in a neutral way limits what can be said.

The following document includes concepts and recommendations on linguistic use, with the aim of promoting inclusion and trying to overcome the totalizing character of the masculine and the binary of conventional language.

Descargar Documento / Download File
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Practices taken care of for the care of the interruption of pregnancy

Together with the ECOS Foundation, we have prepared a guide with fundamental contents to carry out comprehensive, careful and safe care for the Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

This guide is intended for people who work in the health field and are part of the care and attention processes, from receiving the consultation, direct participation in the practice and subsequent care. It is also a useful material for those who are in the process of professional training in areas related to health.

The guide contains an accessible development of the legal framework and key aspects to understand the scope of Law 27610 and other regulations to which it refers. Describes the rights of users and the responsibilities of health personnel.

Next, it proposes a comprehensive care model for the practice, so that all the people involved in it can offer a quality service that is respectful of human rights, from the consultation, during the care and after the interruption of pregnancy. It introduces the types of recommended treatments and develops the medical and administrative aspects to be taken into account when carrying out the practice. Finally, it has a series of updated references and resources for consultation.

We hope that this material will be useful and serve as a basis for all health personnel involved in the care of pregnancy interruption, from the first contact with the person who consults and to the subsequent care, to be able to carry out their work of The best way.

Contact

Mayca Balaguer – maycabalaguer@fundeps.org