Tag Archive for: Sexual and Reproductive Rights

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

On April 8 and 9, members of the National Alliance of Lawyers for the Human Rights of Women from all over the country met in 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”.

More than 50 lawyers from different parts of the country met last weekend to discuss the challenges in the implementation of the Voluntary Interruption of Pregnancy Law and design legal strategies to overcome them.

Among the challenges encountered in access to the rights recognized by Law 27,610, more than a year after its sanction, the lack of knowledge about the law in the community, the geographic and economic barriers to access, the lack of of availability of health centers, the obstruction by social works and prepaid medicine companies, the obstruction derived from the abuse of the figure of conscientious objection and the improper judicialization of access to abortion. A special concern was expressed about the criminalization of the doctor Miranda Ruiz in the province of Salta, for which it was agreed to articulate strategies to support the request for her dismissal.

The meeting, led by lawyers from civil society organizations that make up the Alliance (Catholics for the Right to Decide, Fundeps, Amnesty International, CELS, ELA and Fundación MxM) allowed the exchange of local experiences and the strengthening of networks for the defense rights from a feminist perspective.

The Alliance is an intergenerational and federal space created in 2011 and made up of 300 legal professionals from 20 provinces. It is an articulation that allows the exchange between those who exercise the Law from different fields and for a more equitable and egalitarian society.

With the energies renewed thanks to the reunion, they agreed and articulated lines of action to continue demanding the effective application of the law throughout the country and online.

Situation during the first year of the pandemic and recommendations to promote measures with a gender perspective.

“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”.

During 2020, together with other organizations, we worked on the preparation of a report that presents a monitoring of the responses given by the Argentine State to address the pandemic and the impact of these responses on women’s rights. This monitoring seeks to report on the status of women’s rights in Argentina in the framework of the COVID-19 pandemic during its first year, contribute to the fulfillment of women’s rights and gender justice and urge the State to take the necessary measures to guarantee and protect rights from a gender perspective.

Within this Gender Roundtable, a working group has been created that has prepared this report made up of Lawyers from the Argentine Northwest in Human Rights and Social Studies (ANDHES), Amnesty International Argentina (AIAR), Center for the Implementation of Constitutional Rights (CIDC), Ombudsman’s Office of the Province of Buenos Aires, Latin American Justice and Gender Team (ELA), Foundation for the Development of Sustainable Policies (FUNDEPS), Observatory of Adolescents and Young People / Gino Germani Research Institute (OAJ / IIGG ), La Hoguera Feminist Organization, Network for the Rights of People with Disabilities (REDI) and Xumek, AC for the Promotion and Protection of Human Rights.

The report describes the initiatives and approaches adopted by the Argentine government to protect the rights of women and diversities during the first year of the pandemic from March 2020, when the first case of COVID-19 in the country was reported, until the end of 2020. The following priority issues are addressed: political participation and gender perspective in the measures; gender-based violence; the right to care; and access to sexual and (non) reproductive health.

Download Executive Summary

Download full report

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Civil society organizations Catholics for the Right to Decide Argentina (CDD), the Foundation for the Development of Sustainable Policies (Fundeps) and the Center for Legal and Social Studies (CELS) accompanied today
legal considerations in the framework of the criminal process of a doctor resident of Salta who carried out an ILE within the framework of Law 27.610 on Access to the Voluntary Interruption of Pregnancy, as part of the health team of the Juan Domingo Perón Hospital in the city of Tartagal.

“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 practice had been requested by a patient of legal age, in full exercise of her autonomy. When she was received at the health center, she was cared for by an interdisciplinary team, who, with the endorsement of the director of the
hospital, they found that it was the causal health and that it was duly justified. It is about the possibility of interrupting the pregnancy when the life or health of the pregnant person is at risk.

The procedures performed by the medical team are within the law and each step was recorded in the medical record. The doctor who is currently going through a criminal process is the only non-objector professional, who guarantees the right to comprehensive health for women and other people with the ability to gestate in the area.

It is essential that this case be analyzed in the light of local norms and in line with international human rights instruments. A pregnancy can be legally interrupted when any dimension of health is at risk, be it physical, mental or social health.

Likewise, particular consideration must be given to the social interest that governs this matter, as well as the impact that any judicial decision has in relation to the implementation of a public policy that provides for access to a fundamental human right such as access to Legal and Voluntary Interruption of Pregnancy.

Faced with the ruling of the Federal Court of Appeals of Salta that intends to validate that “every citizen” can request the suspension of the law of voluntary interruption of pregnancy, a group of civil society organizations filed an appeal before the Supreme Court of Justice of the Nation (CSJN).

“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”.

Amnesty International (AI), the Latin American Justice and Gender Team (ELA), the Women x Women Foundation (MxM), the Foundation for the Development of Sustainable Policies (Fundeps) and the Center for Legal and Social Studies (CELS) requested the highest court of Justice in the country to reject any attempt to restrict the rights of women, girls, adolescents and people with childbearing capacity.

Although the ruling of the Chamber of Salta does not affect the validity of Law 27,610, it is imperative that the CSJN accompany its own jurisprudence on the right to legally interrupt a pregnancy (FAL ruling) and the decisions that from the sanction of the law has issued the judiciary around the country, and rejects actions that seek to prevent women from exercising their right to a legal abortion.

The law of access to voluntary interruption of pregnancy meant a feminist conquest in line with international human rights law. It was approved by Congress after a broad and participatory debate.

Admitting that any citizen can act on behalf of the “unborn” against the rights of women and people with childbearing capacity is contrary to the National Constitution because it violates their right to make autonomous decisions within their private sphere and without interference by third parties, the principle of division of powers and self-restriction of the Judiciary, and the constitutional guarantee of due process.

On the facts

In December 2020, the former Salta senator María Cristina Fiore Viñuales filed a lawsuit against the Protocol for the Comprehensive Care of People with the Right to Legal Interruption of Pregnancy of 2019. She then expanded her petition requesting the unconstitutionality of Law 27.610 This action was considered inadmissible in the first instance. On August 27, the Federal Court of Appeals of Salta reversed that decision.

In addition to validating the collective representation of fetal life, the lawsuit sends out a worrying message because it reinstates a violent network against women who decide not to continue with a pregnancy. It not only calls for the suspension of the law, but also requests that measures be ordered that could involve violence against women.

Additional Information

The signatory organizations had already appeared in the cause in April of this year on behalf of the group of women and people with other gender identities with the capacity to gestate.

Link to presentation

Today they arrested a doctor at the Juan Domingo Perón Hospital, in Tartagal, in Salta, for practicing a Legal Interruption of Pregnancy. The practice was requested by a patient of legal age, in full exercise of her autonomy. To apply for the practice, he traveled more than 53 kilometers to the hospital. The 21-year-old girl was in the 22nd week 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”

When she was received at the health center, she was cared for by an interdisciplinary team made up of a doctor, a social worker and a psychologist. He had separate interviews with each of them, who also informed the director (manager) of the hospital, who found that it was the causal health and that it was duly justified.

Article 86 of the Penal Code allows abortion until week 14 without having to give explanations about the reasons for doing so. It also allows abortion if the pregnancy to be interrupted was the product of rape or if the life or integral health of the pregnant person was at risk. The latter was the case of the young woman from Salta.

The young woman was accompanied throughout the process and was cared for by professionals who guaranteed her rights and listened to her.

From within the hospital, professionals opposed to the comprehensive health of women, seeing that they could not interrupt the process, decided to summon the young woman’s family. In this way, they violated his right to confidentiality and contravened his will.

Her relatives arrived in the middle of the procedure and the young woman had a moment of doubts, but immediately decided to continue with the procedure and expressed it. It is important to note that the complaint to the doctor was not made by the young woman, whose rights were not violated, but by a relative.

The procedures performed by the medical team are within the law and each step taken was accompanied with conviction by the hospital management and recorded in the medical record. The doctor who was arrested today in an intimidating and disciplinary scene in her workplace, is the only non-objector professional, who guarantees the right to comprehensive health for women and other people with the ability to gestate in the area. This afternoon she was released.

We believe that it is essential to respect the privacy of the young woman, as neither the objector doctors who called relatives, nor the media that fall into morbidity without real data, nor the judicial power that could have saved the staging of the disciplinary detention. It is also essential that those who put obstacles to access the rights arising from a democratic society receive the corresponding sanctions.

Guaranteeing rights is not a crime.

Firms:

  • Amnistía Internacional Argentina
  • Católicas por el Derecho a Decidir
  • CEDES
  • CELS
  • ELA
  • Fundación Huésped
  • Fundeps
  • FUSA AC
  • Mujeres x Mujeres
  • REDAAS

This Thursday the Superior Court of Justice of Córdoba rejected the appeals that sought to suspend Law 27,610 on Voluntary Interruption of Pregnancy in our province through a precautionary measure. In this way, it confirms that the regulations continue to be in full force throughout the province.

“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”

With a large majority, the members emphasized the presumption of legitimacy that the law has because it is an act of public power, affirming that it is the link of a policy “in matters of public health.” In short, the Supreme Court held that the validity of a law cannot be suspended by means of a precautionary measure with general scope without damaging the principle of division of powers, as requested by the plaintiff.

In this sense, they emphasized that “the Judicial Power lacks constitutional powers” to review “in the abstract or to interfere” in the legislative policy decisions adopted by “Congress, the quintessential representative of the popular will.” They also highlighted that this law is the result of a democratic debate and has broad social support.

The legalization of abortion brought greater autonomy and freedom in our decisions. Law 27,610 makes the entire judicial and health system adapt to the rights that we managed to conquer and to which the Argentine state was bound both domestically and internationally.

We are facing a new conquest of feminisms. In alliance, we continue working so that all women and people with the ability to carry a child have legal, safe and free access to the voluntary interruption of pregnancy.

DOWNLOAD THE STATEMENT

Clínica de Litigio de Interés Público Córdoba

Católicas por el Derecho a Decidir

Fundeps

Focusing mainly on students, professionals and workers in the health field, Fundeps, Ecos and Andhes launch a cycle of virtual meetings where different aspects related to the voluntary and legal interruption of pregnancy will be addressed, from a comprehensive and interdisciplinary.

“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”.

Through 4 free webinars of national scope, work will be done on protocols, legal framework, safe techniques, ways of monitoring situations and other tools to take into account regarding Law 27,610.

The first meeting will be on August 27 at 6:00 p.m. It will focus on conditions and standards of application of IVE / ILE, conscientious objection and responsibility of health professionals and will have the participation of Marisa Herrera, Doctor in Law from the University of Buenos Aires, CONICET researcher and teacher .

The second meeting, to be held on September 10 at 6:00 p.m., will focus on the comprehensive approach and safe abortion techniques. It will have as exhibitors Dras. Mariana Romero and Nadya Scherbovsky. Mariana is a doctor, a researcher at CEDES / CONICET, she is a member of the Safe Abortion Access Network and technically assists health teams in the implementation of services. Nadya, for her part, is a general and family doctor, and a member of the Córdoba Integral Health Clinic, the ECOS Foundation and the Network of Health Professionals for the Right to Decide.

Then, on October 4, the third meeting will take place, and it will be attended by Luis Pedernera, a member of the United Nations Committee on the Rights of the Child. This meeting will be focused on analyzing access to the Legal and Voluntary Interruption of Pregnancy in girls and adolescents.

Finally, the last meeting on October 15 will take place with a workshop dynamic, where cases will be addressed that allow participants to analyze practical situations to be able to carry out accompaniments from a rights perspective.

Registration is free and free through this form, and you can participate in the full cycle or in each meeting separately.

SIGN UP

This Wednesday, an opinion signed by Juan Manuel Delgado, Attorney General of Córdoba, was published in the press within the framework of the judicial case promoted by former legislator Aurelio García Elorrio that seeks to suspend in the provincial territory the effective implementation of Law 27,610 of Voluntary 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 opinion arises in the framework of the appeal that García Elorrio presented after the Administrative Litigation Chamber rejected the precautionary measure requested in the amparo that seeks to suspend Law 27,610 in Córdoba. To resolve, the Superior Court of Justice (TSJ) must notify all parties and also the Attorney General in order to issue an opinion on the matter, but it is in no way binding and may even be rejected.

It is not less than the letter has also been signed by the deputy prosecutor Pablo Bustos Fierro, with the explicit intention of avoiding that at the time of ruling, it is still pending to resolve its separation requested by the intervening associations. It is also worrying that the resolution is public before being available for the view of those who intervene in the judicial case. The TSJ has not yet issued on the matter, that is to say that the opinion was presented irregularly without being resolved the recusal of the prosecutor.

From Catholics for the Right to Decide (CDD), Foundation for the Development of Sustainable Policies (Fundeps) and Legal Clinic of Public Interest Córdoba (CLIP) we express our concern about such untidiness that we consider is not innocent and confirms our concern in relation to the suitability of said official to act with the objectivity and respect for the legality required by said function.

Prior to their appointment, Fundeps and the Institute for Comparative Studies in Criminal and Social Sciences (INECIP) participated in the public hearing at the Committee on Constitutional Affairs, Justice and Agreement of the Córdoba Legislature, which evaluated their specifications to warn about their lack of suitability and its position contrary to the human rights of women and people with childbearing capacity. In the letter that we signed together with more than 40 civil society organizations, we spoke out against his appointment for publicly advancing a position against abortion, an issue on which he should decide later.

The suspension of the right to access the IVE through a precautionary measure and would imply a setback and irreparable damage for women and pregnant people in Córdoba who would be unable to access a basic human right such as health. It should be remembered that the Provincial Justice has already issued on these issues in the action filed by Portal de Belén against the provincial Protocol of Non-Punishable Abortion in 2019, where the amparo was rejected for lack of a specific case.

In the same way, we point out that this type of filings against the IVE Law have been raised throughout the country and most of them have already been rejected by virtue of their inadmissibility. Access to the legal and voluntary interruption of pregnancy is fully valid in the province of Córdoba, as in the entire national territory, despite attempts to obstruct its access through abusive and openly inappropriate prosecutions.

This law represents an advance in the guarantee of the right to life, physical and mental integrity, health, autonomy, freedom and equality of women and people with the capacity to bear children. We are not going to allow undemocratic actions that violate human rights carried out by anti-rights groups to harm it. We continue to work together for our rights.

Contact:

Clínica de Litigio de Interés Público Córdoba
Católicas por el Derecho a Decidir

Fundeps
3513251601 – 3513294497

Since its enactment at the end of last year, the IVE law is in full force and its first effects are already being verified in access to practice in health centers throughout the country. Meanwhile, in court, conservative sectors continue to try actions to postpone 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 Law of Voluntary Interruption of Pregnancy No. 27,610, sanctioned at the end of 2020 and in force since January 24, 2021, implied an important deepening of human rights for women and pregnant persons.

Half a year later, access to abortion is making its way into all health subsystems across the country. In Córdoba, there are more than 100 health establishments that already guarantee this right. On May 28, International Day of Action for Women’s Health, the Ministry of Health of the Nation presented the update of the protocol for the comprehensive care of people with the right to Voluntary and Legal Interruption of Pregnancy.

The new protocol

The protocol constitutes an instrument that aims to offer guidance to health teams, providing them with a regulatory framework and clinical guidelines for precise and clear care that allows them to carry out the termination of pregnancy. Compliance with the highest standards of care is contemplated, that is, those that imply respect for quality, accessibility, confidentiality, technical competence, range of available options and updated scientific information.

From a clinical point of view, the protocol incorporates international recommendations on procedures for the legal termination of pregnancy – drug dose and manual vacuum aspiration (MVA) – and reinforces the importance of rapid access to comprehensive care, reinforcing the need resolution in the first level of care and in drug treatments.

In other words, it implies reinsurance so that girls, adolescents, women and people with the capacity to carry a child receive dignified treatment and quality care, thus guaranteeing IVE until week 14 of the gestational process inclusive and the ILE when appropriate.

As it is a document that sets out certain references on how to carry out the procedure, it is not necessary for the provinces to adhere to it in order to make the implementation of National Law 27,610 effective. In other words, the law is operative regardless of the adherence or validity of the protocol.

The judicialization here and there

In different parts of the country, legal actions were initiated that marked from the first minute a strong sense of legal insecurity for those who have the right to access the practice. There are already more than 30 actions filed against the law. Most of them have been rejected without further proceedings, but excessive judicialization creates obstacles to access and confusion among users.

In Córdoba, at the beginning of April, Aurelio García Elorrio, a reference for the civil association Portal de Belén, filed an amparo against the province requesting the unconstitutionality of the law, and in turn, requested a precautionary measure to suspend the validity of the law, the which was rejected immediately. Faced with this, he filed an appeal that is currently being processed before the Superior Court of Justice.

In this case, the Public Interest Litigation Clinic, Catholics for the Right to Decide and Fundeps present ourselves as interested third parties in order to protect the rights of the group of women and pregnant persons of Córdoba. It is important to clarify that this process does not alter the validity of the law, which continues to be applicable and enforceable throughout the provincial territory.

Meanwhile, in Mar del Plata, at the beginning of June, Federal Court No. 4 in charge of First Instance Judge Alfredo Eugenio Lopez, issued a precautionary measure suspending the effects of the law, the protocol and other resolutions.

The National State immediately appeared in the file, challenging the judge for cause and appealing the precautionary measure. Thus, the case was left in the hands of the surrogate judge, Santiago José Martín, who granted the appeal with suspensive effect of the measure. This means that the injunction granted no longer has effect until the Chamber of Mar del Plata is issued on the appeal.

Faced with this panorama and by virtue of the importance of the case, from Fundeps we present ourselves in the file as “friends of the court”, with the aim of providing human rights arguments, specifically on the right to health and sexual and reproductive rights. and non-reproductive.

It is elementary to think of Law 27,610 as a public health policy representative of fundamental human rights standards. These lawsuits are not mere isolated events, but constitute a form of activism that hinders and limits a basic health practice of sexual health. In Córdoba we already know the effects of the judicialization of the provincial guide for the care of non-punishable abortions that Portal de Belén began in 2012. This case had the consequence that women and pregnant people of Córdoba who were in qualified situations by the Penal Code to access the practice of non-punishable abortion could not do so in this jurisdiction during all the years in which the amparo was pending resolution, resulting in a serious impact on their most basic human rights, despite the fact that later it was The action was rejected due to lack of case and lack of standing.

Faced with this scenario, the competent courts in cases where the law is under discussion have the opportunity to establish clear guidelines regarding the protection of fundamental rights such as sexual and (non) reproductive rights. A solution that respects these rights is simply to maintain the validity of Law 27,610 on Access to Voluntary Interruption of Pregnancy, not giving rise to the requested precautionary measures.

 

Authors:

Agostina Copetti

Sofia Mongi

Contact: 

Mayca Balaguer