Tag Archive for: Legal Interruption of Pregnancy

This report is the result of a survey carried out during the first months of 2024 among health personnel in the province of Córdoba who guarantee sexual and reproductive health practices in this territory. The objective is to circulate those strategies that have generated good results for access to services, such as the internal organization of the teams, the care and referral circuits, the use of guides and protocols, the interdisciplinary approach to cases, and other types of practices that are considered relevant for good care.

Two opinions of the Attorney General’s Office of the Nation admit the legitimisation of two groups representing the ‘collective of unborn persons’, against the Constitution, national laws and Court rulings. However, they pave the way for the courts to attack the right to termination of pregnancy. Joint press release.

During the last week, Laura M. Monti, Deputy Attorney General of the Attorney General’s Office, signed two opinions in the same vein. In them, she recognises the legal standing of a group of citizens and a civil association to represent the so-called ‘unborn persons’ before the judiciary. This is an interpretation that is not supported by jurisprudence: no court has ever recognised in a final judgement the possibility of collective representation of ‘unborn persons’.

Monti issued these rulings in two cases: one led by Cristina Fiore Viñuales and the other by the organisation Portal de Belén, both initiated to question the constitutionality of the Law on the Voluntary Interruption of Pregnancy. In both cases, although it claims to follow the law, it departs from the jurisprudence of the Supreme Court of Justice of the Nation on collective representation. Also in both cases, the petitioners seek to turn what is in fact a general disagreement with the law into a ‘case’ (to be discussed in the courts).

Monti relied on art. 1 of Law 26.061 on the Integral Protection of Children to sustain standing. In this way, he distorted the meaning of the law and devised a sort of ‘popular action’ that would allow any citizen to bring an action outside of a specific case. Not only that, but it also equated ‘unborn persons’ with children and adolescents.

At the same time, in its rulings it decided not to take into account the requirements of article 116 of the National Constitution, the National Code of Civil and Commercial Procedure and the Court’s decisions and jurisprudence on collective proceedings, creating a situation of legal uncertainty. To name a precedent: in the Halabi case, cited by the Attorney General herself, it is established that the existence of a case must be proven in order to grant collective standing. In neither case, neither Fiore Viñuales nor Portal de Belén, is there a ‘case’; in other words, Monti should have denied standing outright.

Why this step by the public prosecutor is serious: because it allows a group of citizens to challenge a law voted for by all political forces through a lawsuit without proving that there is a right or concrete damage affected and, in the same action, to attribute to it a collective representation that does not exist in the Argentine legal system. The democratic debate has already taken place in Congress and has drawn a line for a basic social agreement on the right to health and life, through the decriminalisation and legalisation of abortion.

The files had been awaiting an opinion for a year and a half, but they were issued two days after Dr. Rodolfo Barra was appointed National Treasury Attorney, even though he was still acting as a legal advisor in the ‘Fiore Viñuales’ case.

Dr. Barra, in his capacity as newly appointed Treasury Attorney, has a conflict of interest, according to the public ethics law, which makes him incompatible with the defence of Law 27.610. Therefore, he should be excused from intervening in the cases against the Law on the Voluntary Interruption of Pregnancy and in all matters related to the right to abortion. In this regard, we filed a complaint with the National Treasury Attorney’s Office and informed the Anti-Corruption Office, as it is the authority responsible for applying the public ethics law.

Since 2021, of the total number of legal actions brought against the law, 34 have been rejected by courts in different jurisdictions across the country. Only 3 reached the Court, but not to decide on their constitutionality, but to determine whether those who brought these actions have standing to do so and to represent the collective of ‘unborn persons’.

The opinions of the Attorney General’s Office are not binding for the Court, which can define the applicable legal criteria without taking into account these recommendations. Therefore, the Court now has the responsibility to reposition class actions for the purposes for which they were created, to prevent them from being conceptually forced and to avoid violating due process guarantees. This is their chance to stop the unfounded litigation against an existing and key law for millions of women, girls and persons capable of bearing children.

  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  • Fundación Mujeres x Mujeres

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

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

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

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

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

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

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

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

The objective of this guide is to provide health personnel with fundamental content to carry out careful follow-up and guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE/ILE). We intend to address legal aspects and based on current legislation, international standards and the recommendations of the World Health Organization (WHO). From the Foundation for the Development of Sustainable Policies (Fundeps) and the ECOS Foundation we hope that it will be useful and consultation to carry out their daily work.

From the areas of Legal Affairs and Gender and Sexual Diversity, during the last few months we have been participating in different instances of training and education on the legal framework that regulates access to 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”.

The different training instances were given in collaboration with the Faculty of Social Sciences, the Faculty of Medical Sciences of the National University of Córdoba, and the Príncipe de Asturias Municipal Hospital. Training was provided on the current legal framework that regulates the legal interruption and voluntary interruption of pregnancy, in particular on Law 27610, and Law 26529 on the rights of patients in their relationship with health professionals and institutions.

As a result of this, on July 7 we presented a presentation in the training “The right to voluntary and legal interruption of pregnancy” at the Príncipe de Asturias Municipal Hospital, aimed at its health team and the zonal Health Centers, Residents of General and Family Medicine, organized by the Comprehensive Sexual Health Commission of the Directorate of Primary Health Care of the Municipality of Córdoba.

We were also providing training on this topic to students in training at the Faculty of Medical Sciences, in the second class of the Optional Module “Right to legal abortion in Argentina: comprehensive approach” on August 27; and recently in the Faculty of Social Sciences under the Extension Seminar “Access to abortion from a rights perspective”, on Monday, September 5.

Through these education and training instances we intend to collaborate with the improvement and improvement of this practice from a legal and comprehensive perspective, respectful of human rights and in accordance with the most current regulations. In this way, we pay for the training of more professionals who facilitate the exercise of the rights of women and pregnant people, whom we consider to be guarantors of rights and human rights defenders.

 

Author

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Photograph taken from the newspaper La Voz Del Interior