Tag Archive for: Legal Interruption of Pregnancy

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Gender training: a growing demand for our rights

During the month of March, we carried out two trainings for important social actors: health professionals and the public administration of 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”.

Gender at work: the gaps we inhabit and don’t see

On Thursday, March 12, we trained the personnel of the Property Registry of Córdoba, on gender and work. It had the objective of identifying the gender inequalities that exist in the formal and informal labor market, and in the paid as well as in the unpaid, to begin to reflect on the possible ways to combat them.

In a room made up mostly of women, the presence of a few men was significant and valuable in the sense of being a clear proof of the cultural change that is taking place in our society.

With comments, data contributions and questions, the people who participated in the training showed their amazement at the gender inequalities that exist in the different work environments and their interest in thinking about new strategies and lines of action to advance in gender equality. in these spaces.

Conscientious objection: the Trojan horse in the Voluntary Termination of Pregnancy laws

On Friday, March 13, we carried out a training aimed at the Network of Health Professionals for the Right to Decide. The objective was to learn about the uses and abuses of conscientious objection in the health field, and fundamentally, in sexual, reproductive and non-reproductive health services.

Conscientious objection is a legal institute that allows exemption from a certain obligation when it contradicts a person’s moral, ethical or religious convictions. However, it is often used in an abusive way, and it becomes an obstacle when it comes to guaranteeing fundamental rights, such as access to termination of pregnancy in cases where it is legal.

In a scenario in which the discussion on the law of Voluntary Termination of Pregnancy is looming, it is important to know the fundamentals behind this type of institutions, and the experiences existing so far in its practice and regulation.

Training as a guarantee of human rights

We celebrate these instances of training aimed at State agents, accompanying and legitimizing the provisions of the Micaela Law.

We understand that the gender training of these actors is essential to guarantee the rights of all people, and translates achievements achieved after years of struggles by social movements, women and LGBTIQ + people.

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

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LETTER TO THE INTENDENT MARTÍN LLARYORA: We need policies that address the problems of our city

Following the opportunity represented by the change of management at the municipal level, we want to express ourselves on key issues for the future of our city. Therefore, we jointly address other Cordoba organizations to the new Mayor of Córdoba, Martín Llaryora, with the aim of making recommendations regarding structural problems that cause serious damage to 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”.

Within the framework of the assumption of the new municipal management, there are unattended situations for years that need an urgent response. Through an open letter, we announce in ten points what these problems are and we make ourselves available to the new cabinet to work in an articulated way.

The ten points are summarized in:

  1. Environmental and health emergency in the Chacras de la Merced neighborhood
  2. Solid Urban Waste
  3. Urban Planning and Development
  4. Gender parity in the cabinet
  5. Trans labor inclusion and quota law
  6. Access to Legal Disruption of Pregnancy in Primary Care Centers
  7. Application of the Micaela law
  8. Access to public information
  9. Healthy school environments
  10. Smoke-free environments and protection of the non-smoker

These are 10 points, which are not exhaustive or exclusive of other problems, but require an urgent response because of the critical situations they represent. We hope that in the next 4 years we can articulate a joint work to continue advancing in the fulfillment of the human rights of the Cordoba community.

Access the full letter

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

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Now yes: There is updated ILE Protocol

With the assumption of the new president Alberto Fernández on December 10, and after recovering his category of Ministry the health area, the third update of the National Protocol for the comprehensive care of people entitled to health was published in the Official Gazette legal termination of pregnancy. Update that a little less than a month ago was vetoed by former President Mauricio Macri, after his own Secretary of Health Adolfo Rubinstein gave him momentum.

“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”.

After the comings and goings of the previous government regarding the publication and after the repeal of the update of said Protocol, the current Minister of Health Ginés González García, a day after taking office, held a press conference at Casa Rosada in which announced that the update of the Protocol would be published in the next few hours. So it was.

Through Resolution No. 1/2019 published on December 13, what González González García had already anticipated was reflected: this protocol is an imperative of the national health policy on sexual and reproductive health.

It is nothing more than a procedural guide to guarantee the rights already stipulated by law. It also provides support to professionals who must comply with it, due to the intimidation suffered in recent times by anti-rights groups.

The update of the Protocol has few variants with respect to the previous one, resolved by Secretary Adolfo Rubinstein. One of the most relevant is the flexibility regarding conscientious objection to ensure that it does not prevent the legal interruption of pregnancy. On this issue, González García said, “we are respectful of conscientious objection, but it cannot be an institutional cut so that the law is not fulfilled.”

It is important to highlight this issue, due to what happened this year in the Province of Tucumán with the Lucia case, in which health officials hindered the realization of the ILE, waiting at 7 months of gestation to perform a caesarean section against The will of the girl. All kinds of pressure was exerted against her and her family, in addition to the violation of her rights.

In this regard, the Minister also spoke, trusting the accession of the Provinces to the Protocol so that, in this way, the rights of those who can and wish to access an ILE, and professionals who have the duty to comply with the law.

It is important to highlight that the first Protocol was prepared in 2007 during the first administration of the current Minister, and then it was updated in 2010 and 2015, when the provisions made by the Supreme Court were incorporated in the FAL Judgment of 2012 .

On this occasion and in line with the recently repealed Protocol, the update was carried out in accordance with the new Civil and Commercial Code sanctioned in 2015, and with the latest recommendations made in this regard by the World Health Organization (WHO).

One of the relevant issues in this regard is that according to the Argentine Civil and Commercial Code, a pregnant person from 16 years of age is considered an adult. Therefore, your informed consent is sufficient when requesting the application of an ILE.

Main topics

Due to the short time elapsed between the update of the Protocol by Secretary Rubinstein and the current one, the central points continue to be basically the same, as explained by Fundeps before.

It is important to continue emphasizing that the Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when their life or health is in danger, or they are taking a pregnancy product of a violation, regardless of whether it is a person with or without a disability ”.

Therefore, its main points are:

  • Reaffirms the ILE as the right of women and pregnant people.
  • The consent is adapted to the new Civil and Commercial Code, respecting the progressive autonomy of children and adolescents and people with disabilities and capacity constraints.
  • According to the CCyC of the Nation, from the age of 16 the pregnant person is considered adult.
  • Between 13 and 16, you can autonomously request an ILE when it does not involve a serious risk to your health or life.
  • It recognizes the possibility of conscientious objection, but states that it cannot be an obstacle to access to the ILE.
  • It guarantees the speed. The deadline between the request of the ILE and its completion must not exceed 10 calendar days. If a doctor is a conscientious objector, he must refer one who is in less than 24 hours.
  • It gives security to health workers to carry out the practice.

The situation in the provinces

On this issue, the new Minister was also issued by saying that “in a federal country, much depends on the adhesion of the provinces. There are already many that are attached, but unfortunately some large provinces, such as Buenos Aires for example, did not approve the protocol. ”

Recall that in 2012, the FAL ruling urged the national State and the provinces to provide the necessary conditions to carry out legal interruptions of pregnancies quickly, easily and safely.

Until today, still 7 provinces unfortunately did not have their own regulations or adhere to the protocol of the Nation. Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Catamarca and Formosa, were part of this number.

The good news is that after the announcement of the Ministry of Health of the Nation, the Undersecretariat of Human Development of the province of Formosa, declared in a local environment that the province adheres to the Protocol since 2015 “always preserving the victim, point by which the adhesion in the province was not announced ”.

Beyond the reading that can be made of this statement, the important thing is that finally one more province pronounced itself publicly regarding its adherence.

The words of the Minister stating that “we do not believe that it is easy or that the protocol itself changes history, but we are willing to change history far beyond the protocol”, is a halo of hope that brings this new government, in The fact that the advancement of recognition of rights, the decriminalization of abortion and the legalization of voluntary termination of pregnancy no longer seem as distant or difficult to achieve, and we hope that they will soon be a reality.

Author

Valentina Montero

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Request an ANMAT to update your National Drug Vademecum

Within the framework of our work for access to sexual and reproductive rights from a public health perspective and respect for human rights, we request the National Administration of Medicines, Food and Medical Technology (ANMAT) to update its list of authorized medications in the country, according to the medicines that appear in the Model List of Essential Medicines of the World Health Organization. In addition, we ask that you create a national list of essential drugs for primary care.

“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 World Health Organization has a Model List of Essential Medicines (LMME), which consists of those medications that cover the population’s priority health care needs. Their selection is made according to the prevalence of diseases and their safety, efficacy and comparative cost-effectiveness.

Within the LMME of 2019 are certain medications, which are used for treatments in sexual and reproductive health, which are not in the National Vademecum of Medicines of Argentina. However, its incorporation is essential to guarantee the right to enjoy the highest possible level of physical and mental health, and the right to enjoy and benefit from scientific and technological advances.

Based on all the norms that protect these rights, locally and internationally, fundamentally the National Program of Sexual Health and Responsible Procreation, created by National Law No. 25.673, Law No. 26529 on Patient Rights, Law No. 26.743 of Gender Identity and the National Law No. 23.798 of AIDS, among others, we ask the Administration to incorporate, and guarantee the availability and access, of medicines for the treatment of the Legal Interruption of Pregnancy, treatments for HIV, medication for treatments of hormonal replacement, contraceptive methods and medications for the treatment of Sexually Transmitted Infections (STIs).

We also request that a national list of essential medicines for primary care be created, to follow, as far as possible, the guidelines established by the World Health Organization. The Special Rapporteur on the right of every person to enjoy the highest attainable standard of physical and mental health, in his 2006 report, indicated that “every State has to prepare a national list of essential medicines using a participatory process. […] A State has the basic obligation of immediate effect to make essential medicines available and accessible throughout its jurisdiction”

We believe that it is necessary to have medications that, in their necessary and appropriate doses, are in accordance with our national and international regulatory framework, while being essential to guarantee the health of people who require these practices and services, in a safe and accessible to the entire population, without discrimination.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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The ANMAT Provision that authorized the sale of Misoprostol in pharmacies is suspended

The judge in the Federal Administrative Litigation No. 11, Cecilia Gilardi de Negre, issued on Thursday a precautionary resolution within the framework of the collective protection initiated by the Association for the Promotion of Civil Rights and by the Civil Association Portal de Belén.

“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”.

In the case, initiated in 2018, organizations question the constitutionality of the Protocol for the comprehensive care of people entitled to the Legal Interruption of Pregnancy of the Ministry of Health and Social Development, and Provision No. 946/2018 of the National Administration of Medicines, Food and Technology (ANMAT), issued on 12/10/2018, while authorizing Laboratorios Domínguez SA a new condition of sale (under archived prescription).

Suspension of sale in pharmacies

The precautionary measure orders the suspension of article 2 of the provision, and is based on the reading of the MISOP 200 leaflet, as it indicates that its improper use or outside of the recommended indications may be harmful to health.

However, as indicated by the Ministry of Health and Social Development when appearing before the Court in the context of the case, Misoprostol presents security for ambulatory use with medical follow-up, without risks for the person entitled to access the interruption if It is done during the first trimester of pregnancy. Likewise, the availability of the drug in pharmacies, under an archived prescription, allows the pregnant person, together with their doctor, to decide how and where to carry out the termination of pregnancy in the cases allowed by law, without the need to attend the system Health public

Likewise, as we affirmed in our amicus, access to the medicines necessary for the termination of pregnancy, classified as essential by the World Health Organization, is part of the fundamental human rights in health matters to which the Argentine State is bound by Your international commitments. The Committee on Economic, Social and Cultural Rights, in its General Comment No. 22, on the right to sexual and reproductive health, establishes access to essential medicines as a standard for States parties. In this regard, when describing the elements of sexual and reproductive rights, and developing the concept of availability, the Committee states that: “Essential medicines must also be available, including a wide range of contraceptive methods, such as condoms and contraceptives emergency, medications for assistance in cases of abortion and after abortion, and medications, including generic drugs, for the prevention and treatment of sexually transmitted infections and HIV ”.

The attack attacked, and now suspended, aimed at ensuring the rights of people who require access to this medicine for the practice of legal termination of pregnancy. There are no technical, medical or therapeutic reasons to prevent the pharmaceutical circulation of misoprostol in its presentation of 200 mcg pills, and, consequently, restrict this medication only to hospital use as intended.

Soup again

The protection presented by these organizations is only another attempt to impede rights. We recall that there is a systematic practice by these groups to prosecute each of the advances that are achieved in our country in terms of sexual, reproductive and non-reproductive health. They already did it locally: Portal de Belén got the local protocol for the care of non-punishable abortions to be suspended for more than 7 years. In that case, Prodeci had introduced himself as amicus curiae. Now, their efforts are focused on the federal order.

ILE is still right

It is important to clarify that the resolution only suspends the application of article 2 of Provision No. 946/18 of ANMAT, which authorized the sale of MISOP 200 of Domínguez Laboratories in pharmacies, under archived prescription. The precautionary request of organizations to suspend the national protocol was rejected, so its application remains in force.

Nor does the availability of MISOP 200 change for gynecological use in hospitals and health centers, nor the availability in pharmacies of misoprostol in its other commercial form, Oxaprost, from Beta Laboratory.

It is unfortunate a resolution of these characteristics, taking into account that in our country the legal abortion due to causes is a right since 1921, and the Argentine State has been repeatedly recommended to facilitate access to the practice in safe conditions.

In addition to the pending resolution of the merits, the legislative treatment of the Voluntary Interruption of Pregnancy is imminent, for which the discussion on the availability of essential medicines for practice should be resumed.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We present amicus curiae in defense of the ILE and the sale of misoprostol in pharmacies

We present an amicus curiae (Friend of the Court) in the case before the Federal Administrative Contentious Court No. 11, for an amparo presented by the Civil Association Portal de Belén and by the Association for the Promotion of Civil Rights (ProDeCi), where they question the constitutionality of the Protocol for the comprehensive care of people entitled to the Legal Interruption of Pregnancy of the Ministry of Health and Social Development, and of Provision No. 946/2018 of the National Administration of Medicines, Food and Technology (ANMAT).

“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”.

All against the ILE

At the end of last year, the Civil Association Portal de Belén presented an amparo before the federal justice of Río Cuarto requesting that “the absolute and inadmissible nullity of the“ Protocol for the Comprehensive Attention of Persons with the Right to Legal Interruption of Pregnancy be declared ”, For violation of the right of collective incidence to life, and that the absolute and insanity nullity be declared for unconstitutionality of Provision No. 946/2018 of the ANMAT, issued on 10/12/2018, while authorizing the firm Laboratorios Domínguez SAa new condition of sale (under archived prescription). ”In addition, they requested a precautionary measure to suspend the effects of both resolutions.

However, the federal judge of Río Cuarto declared himself incompetent. Although the cause is of federal competence because of the people, because the National State is being sued (through its ministry and one of its dependencies), it was appropriate to refer the proceedings to the Federal Court in Administrative Litigation in turn of the Autonomous City from Buenos Aires, which turned out to be No. 11.

Meanwhile, a similar case was filed before the Federal Contentious Administrative Court No. 7, initiated almost simultaneously by the Association for the Promotion of Civil Rights (PRODECI). PRODECI is an organization “constituted with the purpose of promoting family, life and values, from the law, justice, communication, citizen participation and dissemination”, as can be seen on its website. However, there is no information on who makes it up or how it is financed, although its website details the activities carried out against sexual and reproductive rights, such as Integral Sexual Education. This organization had presented itself as a “friend of the court” in the case that Portal de Belén initiated in the Province of Córdoba against the local protocol.

Thus, by indication of the Federal Prosecutor, and having the same purpose, both cases were accumulated in Court No. 11, as well as the Benefit to Litigate Without Expenses requested by PRODECI. At this time the file is in the office, waiting to resolve the request for the precautionary measure.

#ILEYaEsRight

In the document presented, we accompany fundamentals based on the local legal system, its norms and principles, international human rights treaties with constitutional hierarchy, the pronouncements of international organizations created to monitor their validity and the recommendations of the institutions with the highest authority in the matter health, such as the World Health Organization, with the aim of defending the validity of both the national protocol and the provision of ANMAT that allows the sale of misoprostol in pharmacies.

In addition, we express that reversing any of the two provisions would be contrary to the principle of progressivity and not regressive of human rights, and that it could irreparably injure the human right to health of women and pregnant people in our country. Both provisions are nothing more than the expression of a public health policy that aims to facilitate access to the provision of an essential service that must be guaranteed by the State.

Finally, we consider that the action presented is just another attempt by these organizations to impede the right to access to legal termination of pregnancy, as they did already at the local level. It is worth remembering that the protection attempted by Portal de Belén in our province was rejected by the TSJ last year.

It will be law

It is hard to believe that at this point we have to continue defending such basic rights in court. Access to legal abortion for reasons has been a right since 1921. International human rights organizations have repeatedly recommended that the State of Argentina facilitate access to practice in safety, and have even instructed it to review its regulation, approving the bill concerning the voluntary termination of pregnancy.

However, all forecasts indicate that next year the bill on Voluntary Interruption of Pregnancy will have legislative treatment again. After so many years of struggle, the abortion of the Criminal Code is imminent.

The enactment of an IVE law will mean an advance in the recognition of the human rights of women and pregnant people, fundamentally of the rights related to sexual and reproductive health and the recognition of their freedom and autonomy. Sooner rather than later, it will be law.

More information

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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#25N: Is celebrated? International Day for the Elimination of Violence against Women

As every November 25, this Monday marks the International Day for the Elimination of Violence Against Women. Date that calls us to review and rethink some data and measures taken by the last management.

“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 date and its corresponding march close the “feminist calendar” and like every end of the year it is an opportunity to take stock, in addition to this on the occasion of the early change of government, which invites us to extend the analysis to management four years of President Mauricio Macri.

Thus, for example, at the beginning of the current month the Minister of Security Patricia Bullrich shared in her networks the data on femicides relieved by the portfolio she is in charge of, together with the phrase, in a festive tone like who celebrates an achievement, “We lower the femicides 12.1%! ” This statement, which refers to the amount of femicides of the year 2018 compared to that of 2017 (according to that information, 281 and 292, respectively), in addition to being factually incorrect, is an image of an erroneous perspective on the macho violence that explains largely the action (or lack of action) in gender policy of the outgoing government.

First, the numbers presented by Bullrich differ from those registered by the Women’s Office of the Supreme Court of Justice. According to the latter, the figures are 278 for 2018 and 273 for 2017, so it would be the opposite of the alleged reduction alleged by the minister.

According to Chequeado, the difference between the two statistics would be that in the case of the Ministry “as with other types of crimes, their figures come from police records. That is to say that it is the first post-crime analysis, before the start of the judicial investigation. ” Instead, the Women’s Office relieves information on the legal cases in process. This disparity of data should not be a problem for those corresponding to the current year, since the Supreme Court, the Ministry of Security and the Attorney General’s Office have signed an agreement to unify femicide statistics. However, we will have to wait until 2020 for the report to be published.

Meanwhile, although the official data is not possessed, the work of some feminist organizations that, as part of their militancy and without receiving any compensation, do a thorough monthly survey based on the information obtained in the media Communication. In this regard, the Mumalá National Observatory has registered 226 femicides between January 1 and October 31, 2019, not counting 38 cases under investigation, which means at least one victim every 32 hours. Broken down, this number includes 192 direct femicides, 18 linked and 6 trans / transvestites. Another relevant indicator is that 68% of the murders were perpetrated by either the couple (40%) or the former partner (28%) of the victims. Considering that 18% of them had made prior complaints, the question that arises immediately after reading these data is where the State is and what is the true scope of the policies that it has been implementing regarding gender violence.

A success of the year 2019 was undoubtedly the approval of the Micaela Law, which according to its article 1 stipulates “mandatory training in the subject of gender and violence against women for all people who work in the public service at all levels and hierarchies in the Executive, Legislative and Judicial branches of the Nation ”.

However, if we look more closely at the work of the INAM (National Women’s Institute), a body designated as the authority for the application of that law and in charge of other gender policies, the balance has not been positive. Despite having been ranked in 2017 acquiring the rank of Secretary of State within the Ministry of Social Development, this did not translate into an appropriate budget and in fact this was cut annually.

The gender specialist journalist, Mariana Carbajal, says in her note on Page 12 that, “after the complaint of human rights organizations and women, Congress increased the items assigned to it by the Executive Branch, but those increases did not cover inflation: in 2018 the INAM budget was 15 percent lower in real terms than in 2017 and in 2019, the reduction (also in real terms) compared to last year was 16 percent ”. As logically the budget deficit hinders the execution, it is understandable that, as the note reports, of the 36 shelters for women survivors of gender-based violence that Macri had promised, only 9 have been completed and equipped, of which 8 had begun to be built during the previous government.

All this allows us to affirm that, although during these four years there was some progress, such as the explicit inclusion of gender in the national budget, they were not enough. This is because, fundamentally, it is still necessary for the State to take a stand against this type of violence as a structural problem.

Far from functioning as any crime, the security and punitive approach is inadequate and, despite what Bullrich has said, the figures for femicides have not dropped. Assuming that there had been about ten fewer victims between one year and another, isn’t it alarming that they still exceed 200 annually? Obviously, much remains to be done, not only from the Ministry of Security, but entirely from the entire state apparatus.

Just as gender is transversal and inequality is reproduced in all social spheres (in politics, in the economy, etc.), gender violence is not limited to femicide or physical violence, but, for example, Criminalization of abortion is also a form of violence against pregnant people. In this sense,the latest news regarding the update of the protocol for the Legal Interruption of Pregnancy (ILE) was another attack on sexual and reproductive rights. In turn, it served as a reminder of the unfortunate decision that the government made this year to transform the Ministry of Health into a Secretariat, taking away the margin of decision (in fact, the reason used to justify the cancellation was the lack of consultation of the secretary to his superior). Since we are talking about cabinet portfolios, the promise of President-elect Alberto Fernández to inaugurate the Ministry of Gender Equality is at least hopeful. We also hope that the new administration that will assume this December 10 can redirect strategies against sexist violence to give reins to the profound cultural change that is necessary to really end it.

Of course, the claim to the State for answers is not a simple wait with crossed arms: the feminist movement remains active in the streets and the slogan Ni Una menos remains more current than ever, because beyond the number of victims of femicide and of the percentages in which they vary, as long as there is at least one dead there will be nothing to celebrate.

Author

Mariana Barrios Glanzmann
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
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Reverse the update of the ILE protocol

The National Government published this morning a decree that canceled Resolution No. 3158/2019, which approved an update of the National Protocol for the comprehensive care of people entitled to legal termination of pregnancy.

“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 Ministry of Health of the Nation had approved by resolution, published in the Official Gazette last Wednesday morning, the third update of the guide that contains the guidelines and standards of care for cases of abortions allowed by law. The first protocol of these characteristics was prepared in 2007, and updated in 2010 and 2015, where the provisions made by the Supreme Court were incorporated in the FAL ruling of 2012.

On this occasion, the update had been carried out in the light of the new Civil and Commercial Code, which was sanctioned in 2015, particularly with regard to minors and persons with disabilities. These axes had already been included in an explanatory note, in September 2016, but the 2019 update incorporated them into the text. In addition, it contained the latest recommendations regarding medical procedures recommended by the World Health Organization. The most important thing is that, when approved by resolution, the protocol was granted a superior legal and regulatory entity, which would have allowed the actions for its implementation to be reinforced.

Round and round

Several hours after its publication, in the afternoon, various media reported that President Mauricio Macri ordered that the resolution be annulled and that the Secretary of the Government of Health, Adolfo Rubinstein, be asked to resign.

Although in the morning there was no official decision, during the afternoon of Thursday the rumors were confirmed after a Cabinet Meeting, where Carolina Stanley, Minister of Health and Social Development, said that: “The protocol is going to be repealed because it was an unqualified decision of the Secretary of Health ”.

The decision was finalized with the publication this morning of Decree 785/2019, through which the resolution is repealed. Among the reasons stated, the Government argues that the Secretary’s decision was inconsistent with his superiors and other agencies that would have competence in the matter and that, therefore, should have intervened, such as the National Secretariat for Children, Adolescents and Family (SENAF), the Federal Council for Children, Adolescents and Family, the National Disability Agency, the National Women’s Institute (INAM) and the Ministry of Justice and Human Rights.

A meaningless decree

It is noteworthy that the cancellation of the resolution is based on these reasons, when none of the previous protocols (of 2007, 2010, 2015 and explanatory note of 2016) foresaw or required interventions by these organizations.

It is even more surprising that, as an argument, the impact of the protocol on the rights of girls and adolescents is emphasized, when this update, now frustrated, was adequate to the obligations of the Argentine State to be part of the Convention of the Children’s rights. In fact, in the last concluding observations of the Committee on the Rights of the Child addressed to Argentina, which were announced on June 1, 2018, the State was recommended to “guarantee adolescents’ access to abortion services without risk and post-abortion care, making sure that the opinion of the interested party is always heard and duly taken into account in the decision process”. This is precisely what the protocol update provided for, by adapting the guidelines on the consent of girls and adolescents to the provisions of the Civil and Commercial Code, based on the principles of progressive capacity and best interests of the child.

The reference to the lack of intervention of the National Women’s Institute, the governing body on issues related to violence against women, is also curious. The provisions of the Committee on the Elimination of Discrimination against Women (CEDAW) cannot be ignored because of its primary function of safeguarding the human rights of women in the States parties to the Convention, such as It is the case of Argentina. In the last Concluding Observations towards Argentina, of the year 2016, the CEDAW Committee expressed its concern about the stagnation of the maternal mortality rate, due, among other things, to abortions performed at risk; the limited access to legal abortion, in contravention of the legislation and the decision adopted by the Supreme Court of Justice in 2012; the frequent refusal of doctors to perform an abortion for reasons of conscience; and cases of prosecution against women who have undergone abortions. Therefore, he urged the State to initiate accountability procedures for non-punishable abortion, and to ensure that women have access to legal and safe abortion services. The update of the protocol was clearly in this regard, because it was an advance for access to the service, and reinforced the importance of rapid access to comprehensive care and practice, emphasizing first level care and medication treatments.

What makes no sense is the reference to the draft reform of the Criminal Code, and consequent relevance of the Ministry of Justice and Human Rights in this matter. What the protocol regulates is a health practice. Although the right to legal termination of pregnancy comes, among other rules, from the interpretation made by the Supreme Court in the FAL ruling of Art. 86 of the Criminal Code that is in force in our country since 1921, a supposed reform of that rule It should not prevent the standards of attention on that right from being improved, which is also an acquired right. Moreover, taking into account that the draft reform of this Code is extremely regressive in its regulation of abortion.

ILE is already right

The repeal of the resolution that updated the protocol is unfortunate. The update constituted a breakthrough in the recognition of the human rights of women and pregnant people, in respect to human rights treaties, the principle of progressivity and non-regressivity, and the adaptation to the provisions of the Supreme Court of Justice of the Nation through the FAL ruling

However, the right to legal termination of pregnancy is not repealed, and is given by law: Article 86 of the Criminal Code, as interpreted by the Supreme Court in 2012.

Health teams should continue to apply the 2015 technical guide, with the explanatory note that was added in 2016. The decree only repeals the update, so the previous protocol remains in force.

It is imperative that state officials assume a serious commitment to our rights. The legal interruption of pregnancy is a fundamental human right, and political will is needed to guarantee its access in the best conditions.

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Update of the national protocol for the Legal Interruption of Pregnancy

An update of the National Protocol for the comprehensive care of people entitled to legal termination of pregnancy was published yesterday in the Official Gazette.

“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 Ministry of Health of the Nation approved by Resolution N ° 3158/2019 the third update of the guide that contains the guidelines and standards of care for cases of abortions allowed by law. The first protocol was prepared in 2007, and was updated in 2010 and 2015, where it incorporated the provisions made by the Supreme Court in the FAL ruling of 2012.

On this occasion, the update was carried out in the light of the new Civil and Commercial Code, which was sanctioned in 2015, particularly with regard to minors and persons with disabilities. In addition, it contains the latest recommendations regarding medical procedures recommended by the World Health Organization.

Main topics

The Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when his life or health is in danger, or is taking a pregnancy as a result of a violation, regardless of whether he is a person with or without a disability. ”

It is based on the principle of autonomy of people, so it requires informed consent from those who require access to practice. On consent, the new protocol introduces some new features:

Children and adolescents:

  • “All girls, that is, under 13 years of age, may give their consent with the accompaniment of their parents, legal representatives, people who formally or informally exercise care roles,“ close friends ”or affective referents. These must participate jointly with the girl in the decision-making process and must sign confirming the girl’s informed consent. The principle of progressive autonomy should guide the actions of the health team and the accompanying adults. If there is an unjustified refusal of their parents, guardians or in charge of accompanying the decision of the girl, the conflict between both parties must be resolved from the health team taking into account the best interest of the girl and her ability to decide based on development of its progressive autonomy. The integral health assessment should consider the increased risks associated with pregnancies at these ages and the possible consequences of carrying out the practice or not. ”
  • Teenagers from 13 to 16 years old can consent autonomously, that is, without the consent of their parents being necessary. Only in cases where a procedure involving an act considered to be invasive (which may endanger your health or your life) should be used, will the consent of your parents, legal representatives, people who formally or informally exercise care roles be necessary, “close” people or affective referents. This assent implies the accompaniment of the decision of the right holder, that is, the adolescent.
  • “All persons 16 years of age or older are considered by Argentine law as adults in relation to the care of their own body. Therefore, they can give themselves informed consent and personally make and sign the affidavit required for the termination of a pregnancy resulting from a rape (if applicable) without requiring the consent of their parents or legal representatives. “

In addition, the protocol foresees the application of the principles of progressive autonomy (it is the development in time of the capacity for decision-making. This principle must be taken into account to encourage the participation of girls and boys in decision-making ) and of the best interest of girls, boys and adolescents (it is the maximum satisfaction, integral and simultaneous of their rights and guarantees).

In the cases of children and adolescents victims of rape, the protocol clarifies that justice should only intervene to protect them from the situation and for the punishment of those who committed the abuse, but this situation should not constitute an obstacle for them to access to practice It is not a requirement that justice be consulted or a judicial authorization is requested for the interruption, since it is a responsibility of the health teams and is made at the request of the patient.

  • Persons with disabilities: the protocol provides for the informed consent of persons with disabilities, clarifying that they have the same right as persons without disabilities to access the practice. To do this, it indicates that a support system can be requested to facilitate decision making. It also indicates that in cases where there is a current judicial sentence of capacity restriction, the terms of the same should be asked, since it may contain the designation of support systems for health decisions.

The situation in the provinces

The FAL ruling, in 2012, urged the national State and the provincial states to provide the necessary conditions to carry out the legal interruptions of pregnancies in a fast, accessible and safe way. In this regard, it required that they develop hospital protocols “for the specific care of abortions not punishable in order to remove all administrative or factual barriers to access to medical services.”

Mapa de Adhesión al Protocolo de Aborto No Punible en la Argentina

Currently, there are 6 jurisdictions that dictated their own protocols: Chubut, Autonomous City of Buenos Aires, Neuquén, Río Negro, Buenos Aires and Córdoba. In the latter province, however, it was suspended by a legal action filed by the Portal de Belén organization to prevent its application. Fortunately, the lawsuit ended this year, resolving the dispute over its constitutionality and its validity.

The provinces that adhered to the National Protocol are 11: Jujuy, La Rioja, La Pampa, Misiones, Salta, Santa Cruz, Santa Fe, Tierra del Fuego, Entre Ríos, Chaco and San Luis. Your membership is still valid, even after the update.

Unfortunately, there are still 7 provinces that do not have their own regulations or adhere to the Nation’s protocol, and these are Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Formosa and Catamarca.

In this context, it is clear that the right of women, girls, adolescents and any person with the ability to gestate to access the legal interruption of pregnancy (ILE) in the cases provided by law is still very difficult and still faces numerous obstacles .

In addition to the effective implementation of this updated protocol, throughout the national territory, it is necessary to continue advancing in the recognition of rights, towards the decriminalization of abortion and the legalization of voluntary termination of pregnancy.

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Córdoba has, at last, non-punishable abortion

The Superior Court of Justice denied the appeal filed by Portal de Belén for the Supreme Court to review the ruling confirming the constitutionality of the Guide for the Care of Non-Punishable Abortions. After seven years of judicial discussions, the guide is finally applicable.

“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”.

In 2012, the Ministry of Health of the province of Córdoba approved the Procedure Guide for the care of patients requesting Non-Punishable Abortion practices. This guide was approved in compliance with what was indicated by the Supreme Court of Justice of the Nation in the FAL ruling, where he entrusted the national and provincial executive powers with the implementation of hospital protocols “for the specific care of abortions not punishable by the effects of removing all administrative or factual barriers to access to medical services ”.

The Guide, approved by means of Resolution 93/12, establishes the way to proceed of the health institutions of the province of Córdoba before the requirement of an abortion not punishable by the causes established in Art. 86 Inc. 1 and 2 of the Code Criminal with the interpretation of the Supreme Court. This is:

When the life or health of the pregnant person is in danger. Here it is important to keep in mind that according to the World Health Organization, it is understood as the greatest state of general well-being (social, physical, emotional, spiritual, mental, etc.) that a person can have. In this sense, the possibility of deciding is a factor that affects the health of pregnant people. On the other hand, when the pregnancy is a product of rape.

However, the application of this Guide was suspended almost from the moment of its approval. Despite the clear judicial interpretation of the rules on non-punishable abortion made by the Supreme Court in the F.A.L. and by the Ministry of Health of the province to sanction it, the religious organization “Portal de Belén” presented an amparo to prevent its application, achieving the interposition of a precautionary measure on the Guide and thus preventing pregnant people, for the most part, women, could access a fundamental right for more than 7 years.

The difficulties of abortion in Córdoba

This meant that legal abortion situations that arose in the province during these years should be resolved in other jurisdictions, or, directly, in hiding. The University Hospital of Maternity and Neonatology, of national jurisdiction and located in the provincial capital, is one of the health centers that guaranteed access, with some difficulties due to the limited staff dedicated to the practice. On the other hand, the Primary Health Care Centers of the Municipality of Córdoba address these situations through the Sexual and Reproductive Health Program that is carried out through an agreement with the Nation. There, women access counseling and can obtain medication to perform the practice on an outpatient basis.

However, when the interruption could not be resolved in these centers, women and pregnant women had nowhere to turn. According to data provided by the Directorate of Sexual and Reproductive Health of the Ministry of Health of the Nation, from January 2018 to July 2019, 155 calls were made from Córdoba to the 0800 Line of Sexual Health for abortion consultations. “The response of the Legal Department of the Ministry of Health of the province of Córdoba to the requirements of this Directorate so that the province guarantees access to ILE and resolves the cases that begin with the calls received in 0800 has been repeated several times that the protocol cannot be applied and therefore there are no legal interruptions of pregnancy in the province. The Directorate has always responded that all provinces must guarantee the causes of ILE established in Art. 86 of the National Criminal Code, regardless of using the National Protocol or not. But the response of the legal area of ​​the province of Córdoba remains the same. ”, The Directorate declared a week ago.

In order to guarantee the practice of ILE to patients in the jurisdiction of Córdoba, it was necessary to articulate national and municipal institutions with friendly health professionals committed to the rights of women and pregnant people. Now it’s up to the province.

The judicial process that finally ends

At the end of last year, on December 18, after a judicial process of more than 6 years, the Superior Court of Justice of Córdoba rejected the amparo action and confirmed the constitutionality of the Guide. However, the filing of the Federal Extraordinary Resource by Portal de Belén for the decision to be reviewed by the Supreme Court maintained the validity of the precautionary measure. That is, until this week, the situation remained the same: women and pregnant women in Córdoba could not access any type of abortion not punishable in provincial hospitals.

In this sense, we consider that the provincial State incurred in institutional violence. The delaying attitude and the delay in resolving the cause by the Judiciary put women and pregnant people in a situation of injustice and lack of access to a basic right. It is a clear breach of the international obligation of the State to guarantee equal access to health.

This September 24, thanks to the struggle of the feminist movement that accompanied the cause during all these years, the highest jurisdictional authority of the province returned to enforce the protocol, by denying the appeal filed by Portal de Belén as inadmissible.

Faced with this last attempt, the TSJ not only rejected the appeal for lack of compliance with formal requirements, but added: “Far from having refuted each and every one of the grounds of the contested judgment, he insisted on reiterating his own views on function of the worldview and the formal scheme of values ​​that it defends, by virtue of which abortion is not admissible in any hypothesis despite what is established by art. 86 inc 1 and 2 of the CP ”.

In other words, what Portal de Belén discussed was not the constitutionality of the Guide, but of all types of abortion, a discussion that was already settled by the Supreme Court in the FAL ruling.

Within the judicial instances, the organization can still lodge a complaint with the Supreme Court. However, it would be absurd for the Court to change the criteria applied in 2012. At that time it confirmed the constitutionality and conventionality of termination of pregnancy in certain cases. It is indisputable that it is allowed by local law and by international treaties to terminate pregnancy in these cases, and in addition, the latest pronouncements of international organizations point to an extension of this right and recommend that all types of prohibition on practice be eliminated. . Far from continuing to discuss non-punishable abortion, what will come in the coming months will be the discussion so that this practice is, once and for all, voluntary, legal, safe and free.

And now? To demand our right

The legal termination of pregnancy can be requested at any public health center in the province. In all cases the informed consent of the person is essential. In addition, a prompt and safe response to the requesting person must be guaranteed, safeguarding their privacy and confidentiality, preserving their personal and family data. No authorization from judicial or administrative authority is necessary. .

In the event that there is danger to the life or health of the woman or pregnant person, it must be verified by the attending physician.

In the case of a pregnancy caused by rape, the woman or pregnant person must state, as a sworn statement, that the pregnancy has been the result of a rape and that for that reason she requests an abortion. You do not need to report the violation.

The period to carry out the procedure must not exceed ten (10) days after the request has been submitted, unless, for strictly medical reasons, the abortion must be postponed.

Authors

Constanza Attwood

Ivana Sánchez

Agostina Copetti

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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First subject on abortion at the Faculty of Medicine of the National University of Córdoba

The Optional Subject “The sanitary problem of Abortion in Argentina” began to be dictated in the Faculty of Medical Sciences of the National University 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”.

On Wednesday, August 14, he represented a before and after in one of the most traditional and consecrated houses of study in the city of Córdoba. For the first time a training space on abortion was opened in the Medicine career of the National University

This initiative responds to the need to fill a void of said theme in the Faculty, promoting the first academic curricular space for undergraduate education that comprehensively addresses the problem of termination of pregnancy. The academic proposal promotes the interdisciplinary approach that this situation requires through the inclusion of students of Medicine and Nursing, Nutrition, Phonoaudiology, Kinesiology and Physiotherapy and Medical Technology degrees.

Throughout its curriculum, the perspective of sexual and (non-reproductive) rights, the legal framework and socio-sanitary situation in Córdoba, Argentina and the region will be addressed, as well as the Care Protocols in situations of Legal Interruption of Pregnancy according to Current national legislation. The subject, intended for undergraduate students, proposes a training in which current legislation will be addressed, and will provide the technical tools to provide the corresponding care in the face of legal interruptions of pregnancy, among other related contents.

The space is the result of the work of the teaching team composed of the Dras. Mariana Butinof and Gladys Ponte, the Mgters. Alejandra Domínguez of the Faculty of Social Sciences, and Prof. Med. Julieta Dahbar, Med. Helena Facchin, Med. Camila Blanco, Med. Ana Nahas, Est. Leticia Pérez and Est. Sol Domínguez. The initiative is supported by the Gender Program of the UNC Secretariat of Extension.This group of medical and integral health professionals decided to organize themselves to generate an interdisciplinary space of social approach in front of a State that, instead of guaranteeing this right of people with pregnant capacity, throws them and condemns them underground. “This has enabled us to remove the problem of Abortion in academic and institutional spaces from the closet and address it from a human rights, gender and Public Health perspective,” in the words of the team that supports the space. Its commitment is to the construction of a Faculty that deals with the training of future Health professionals committed to social demands and in this matter in particular, the Abortion theme as a socio-sanitary problem of Argentina and Latin America.

Abortion is the leading cause of maternal death in the world, therefore it is a public health problem. The impossibility of real access to a legal abortion is one of the many violations of rights of the patriarchal and capitalist system on the body of women that are still in force. Deaths due to clandestine abortions are state femicides. It is necessary that the initiative of the UNC, as it was the chair on abortion opened two years ago at the Faculty of Medicine of Rosario, is transmitted to all the houses of study and state institutions, encouraging the construction of spaces in which disseminate a comprehensive and gender health perspective.

Seven years after the FAL ruling of the Supreme Court of Justice clarifying the scope of the non-punishable abortion, and the dissemination of the Protocol for the Comprehensive Care of Persons with the Right to Legal Interruption of Pregnancy of the Ministry of Health of the Nation, the majority of those who work in the health system continue to hinder people’s access to this right. In this context, the initiative to include these perspectives from training, as well as to demand greater positioning and encourage more interventions by university institutions to address these problems, is key in this context. Promoting respect for the human right of people to decide on their own body, thus advancing in a comprehensive health perspective, is essential for the training of professionals committed to building a more just society.

Author

Lucia Calabria Aragon

Contact

Cecilia Bustos Moreschi cecilia.bustos.moreschi@fundeps.org

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For the 8th time the IVE project to the Congress is presented

Today, May 28, on the International Day of Action for Women’s Health, Campaña Nacional por el Aborto Legal, Seguro y Gratuito, which brings together more than 500 feminist, social and political organizations, presents for the eighth time, the bill of legal interruption of pregnancy

“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”.

May 28 is the International Day of Action for Women’s Health. It was proclaimed 32 years ago in Costa Rica, during the meeting of members of the World Network of Women for Reproductive Sexual Rights held at the end of the V International Meeting on Women’s Health. The purpose of this date is to reaffirm the right to health as a human right of women that they must access without restrictions or delays or exclusions of any kind, and throughout their lives.
In this context, the Campaña Nacional por el Aborto Legal, Seguro y Gratuito, Safe and Free, will present for the eighth consecutive time before the National Congress, the Law of Voluntary Interruption of Pregnancy (IVE). Already in 2018, the bill achieved the average sanction in the Chamber of Deputies being rejected in the Senate. Since 1921, the Penal Code establishes in article 86 inc 1 and 2, that abortion is legal if the pregnancy represents a danger to the life or health of the person or if it is the product of a violation. However, there were always difficulties for the implementation of public policies that guarantee full access to legal abortion.
In 2012, the Supreme Court of Justice of the Nation issued the ruling F.A.L s / self-satisfying measure, where it instructed the State to end the practice of judicializing, obstructing and / or delaying access to legal abortions. Likewise, he urged the national, provincial and city authorities of Buenos Aires to implement the highest standards and through hospital protocols, to train in good practices and remove all barriers that limit access to health services. In this regard, in 2015 the Ministry of Health of the Nation published the “Protocol for the Comprehensive Care of Persons with the Right to Legal Interruption of Pregnancy”, which represented a major step forward in accessing abortion for women and people with the ability to gestate.
Even so, those who require access to a non-punishable abortion continue to face constant obstacles, such as the institutional violence exerted on them by health professionals, being conscientious objectors and not making the corresponding referrals. These actions and practices, naturalized in the health system, prevent access to safe abortions even in cases where they are protected by law. Particularly in our province, access to this type of abortion has been hampered since 2012 by the amparo filed by Portal de Belén. Even after the favorable ruling of the Superior Court of Justice in this case, the situation that prevents the application of the Provincial Guide for the care of non-punishable abortions has not changed.
In this regard, the World Health Organization states that the criminalization of abortion and restrictive measures, not only affect the exercise of a human right, but generate a serious public health problem because it leaves vulnerable and pushes clandestine and insecure practices that constitute one of the main causes of maternal mortality. The right to abortion is a matter of public health that impacts the lives of girls, adolescents, women and people with the ability to deliver. Sexual and (non) reproductive health are human rights, that is, they are for everyone without any discrimination.
Therefore, on Tuesday the streets will be filled with handkerchiefs, with interventions and rallies in all the cities of the country and various parts of the world. In Córdoba, the federal handkerchief will be at the Museum of Anthropology at 4:00 pm and there will be invited bands. In a collective cry for legal abortion, safe and free, the green wave, returns to the streets and Congress, to be able to decide on our bodies and lives.

Sex education to decide

Contraceptives not to abort

Legal abortion to not die.

¡QueSeaLey!

Author

Laura Villanueva

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org