Tag Archive for: Voluntary Termination of Pregnancy

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Abortion is law: New judicial defeat for the anti-rights sectors

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

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National Cycle of Training in Legal and Voluntary Interruption of Pregnancy

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.

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

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Legal abortion is still in force in Córdoba

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

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Half a year of legal abortion: progress and challenges

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

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Legal abortion must be fully enforced throughout the country

Civil society organizations demand, after the precautionary measure decided by a Chaco fair judge, that access to the voluntary interruption of pregnancy be guaranteed in that province. It is a right won in a democratic process, after a long debate in Congress.

“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”

Law 27610, which regulates access to voluntary interruption of pregnancy and post-abortion care, must be fully applied throughout Argentina. After the precautionary measure resolved by the fair judge, Marta Beatriz Aucar de Trotti, in charge of the Civil and Commercial Court No. 19 of the city of Resistencia, which suspended the application of the law in the territory of Chaco, we demand that no Zones of discrimination are created for the rights to health and autonomy of women and other people with the ability to gestate based on the domicile set in one or another province.

The action was filed by six people, who argued an alleged contradiction between the Provincial Constitution and national law and asked that the law be suspended throughout the territory. The judge omits to rule on the inadmissibility of such requests in our legal system and is unaware that no judge can suspend the validity of a law with general effects. In addition, she does not warn that the fact that the Chaco Constitution protects life from conception is not an obstacle to the application of the law, neither in Chaco nor in any of the other provinces that provide that type of protection. This evaluation of the constitutionality of the abortion legislation was already carried out by the Supreme Court of Justice of the Nation in the “FAL” ruling in 2012.

Amnesty International, CELS, the Latin American Justice and Gender Team (ELA), Mujeres x Mujeres and Fundeps emphasize the importance of both the provinces and the national State upholding the law and questioning judicial decisions that put the right to abortion in crisis , particularly when they do so in violation of the principle of constitutional supremacy, the division of powers and distort the democratic debate.

The Supreme Court of the Nation has already said, within the framework of a precautionary measure that suspended throughout the country the application of the audiovisual communication services law, that a precautionary measure that suspends the validity of an entire law with general effects for the entire population, is incompatible with the concrete control of constitutionality of the laws, the division of powers and reasonableness.

Beyond the differences with this case, when issuing a precautionary measure, judges must take into account the credibility of the rights affected and the danger of delaying a decision on the case. To do so, it must analyze the consequences of the issuance of its measure in a broad way, taking into account the interest of society as a whole and the impact on the rights enshrined.

In the precautionary measure issued, the existence of an infringed right to the plaintiffs, nor the danger of delay, are not proven. And what is very serious, the measure puts at risk at the local level the right to health of women, girls and people with childbearing capacity.

Decisions of this type only undermine the use of legal tools, so important for the guarantee of rights such as precautionary measures, and the legislative process carried out with a wide debate in December, supported by strong social support and with the transversal accompaniment of the main political forces.

It is important that the users of these services and with the right to access the voluntary interruption of pregnancy as established by Law 27,610 know that the national State and the provinces must guarantee their access throughout the country. Until the Chaco justice reverses this precautionary measure, we must emphasize that the right to legal abortions in force in Argentina for a hundred years (that is, if the pregnancy was the result of rape, if the pregnancy affects the health of the person or if it puts your life at risk) is in force in Chaco as in the entire national territory, and health personnel must provide those services.

Faced with attacks of this type on existing rights, we insist that the provinces and the national State question the judicial decisions that deprive women, girls and people with the capacity to gestate in the exercise of their sexual and reproductive rights, including the right to abortion. We must continue to take care of everyone’s health.

Amnistía Internacional Argentina

CELS

ELA

Fundeps

Mujeres x Mujeres

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We conquer the right to decide: the Voluntary Interruption of Pregnancy is law

After almost 12 hours of session, with 38 votes in favor, 29 votes against, 1 abstentions and 4 absent senators, the Senate approved the Law of Voluntary Termination of Pregnancy. The Campaign for Legal, Safe and Free Abortion, after 15 years of struggle, celebrated the historic day at the end of the vigil at the gates of Congress and in public spaces throughout the country.

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

In the early hours of the morning, this Wednesday, December 30, the presentations by senators and senators ended and the Voluntary Termination of Pregnancy law was called to vote. The bill already had the half-approval of the Chamber of Deputies, who approved it with 131 votes, against 117 negative votes and 6 abstentions.

A law to decide what lives we want to live

The law establishes the right of women and people with other gender identities with the capacity to gestate to decide the interruption of pregnancy, request and access abortion care, and receive post-abortion care in the health system services.

Free access is foreseen until week 14 of gestation. Outside this period, access can only be made in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through Art. 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).

15 years of a huge federal struggle

With a presence in more than 120 cities and towns throughout the country, simultaneously, the National Campaign for the Right to Legal, Safe and Free Abortion participated in this historic day. By raising their green handkerchiefs high, symbol of the struggle for the right to decide throughout the world, they were finally able to celebrate having conquered the law, which is the product of the struggle of thousands and thousands for more than 15 years.

This triumph will inspire us to continue expanding rights in each space we inhabit. And not to give up. We know that the conquest of the law is only the first step. We will continue working for its effective application and the guarantee that all pregnant people can decide which lives to live.

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One more step: after the half-sanction, the IVE law goes to the Senate

Después de 20 horas de sesión, con 131 votos a favor, 117 votos en contra y 6 abstenciones, la Cámara de Diputados dio media sanción a la ley de Interrupción Voluntaria del Embarazo. Esta semana inicia el tratamiento el Senado, con reuniones de comisiones y un nuevo dictamen que será votado el 29 de diciembre.

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

On Friday morning, after long hours of presentations by deputies and deputies, the vote on the IVE law was held, resulting in its half-sanction. While thousands of activists accompanied the discussion, from their homes or in public spaces in the vigils organized by the National Campaign for Legal, Safe and Free Abortion, the venue was once again filled with speeches for and against. Much of what we heard had already been said in the legislative treatment of 2018. It is that the scenario has not changed: the clandestinity of the practice poses a danger to life for pregnant people, and the possibilities of accessing it in conditions of legality and security are a matter of public health, social justice and human rights.

Deputy Gabriela Cerruti was in charge of making the closing speech of the majority opinion. Her words explain in a very simple way the sexual division of labor, and how women have historically been burdened with the responsibilities associated with reproduction and care. “It is not news that this world is unfair. […] We women know it perfectly, because for centuries they forced us to give birth to send our children to war. For centuries they forced us to give birth to exploit our kids in factories. […]. What we have come to ask you today is: stop making women’s bodies the territory of dispute of what the economy and politics cannot solve. The world is indeed unfair, but the answer is not in our womb. On the contrary: the world is unfair because it was built 500 years ago on a system based on the exploitation of women and nature. And we are the first to put ourselves in front of the battles that have to be fought to change that worldview of the world and so that the world is effectively for everyone, and so that we can live in a world in harmony, in a world better, in a world where we can all exercise our desire and our decision. “

At the end of the speech, he gave rise to an interpellation about the next discussions that should take place in our society: the distribution of care. “Care policies have to be part of State policies and they have to be part of our discussions because we have been the cheap labor that sustained this system in the last century. They would not have built their businesses, their fortunes, or their factories if we had not been in the houses taking care of the children, the parents and the husbands. We did it for centuries and we don’t want to do it anymore, or we want to do it when we decide to. Because choosing is not only choosing whether to be pregnant or not, choosing is choosing the life project, it is choosing at all times what we want to do ”.

How did the deputies vote according to their gender?

Voting results can be analyzed from several perspectives: by province, by party or political alliance, and by gender.

We are interested in specifying the latter. Of the total of 109 female deputies, 62 voted in favor, 45 against and 2 abstained. Of the total of 147 deputies, 72 voted against, 69 in favor, 4 abstained and 2 were absent. In other words, in proportion to the integration of the Chamber, it was the female vote that marked the trend in favor.

Este dato es importante para reforzar la importancia de la paridad de género en el Congreso. Las elecciones del 2019 fueron de estreno para la ley 27412 de paridad de género en ámbitos de representación política, y dieron como resultado un 10,3% de aumento en la proporción de mujeres que integran la Cámara. Y si comparamos el voto femenino de la votación de la ley de IVE de 2018 con el de 2020, el incremento es de casi un 20%.

All these data can be read in this report published by the Undersecretariat for Parliamentary Affairs of the Head of the Cabinet of Ministers of the Nation.

How is the opinion that was approved?

The approved bill is based on the one presented by the Executive Power, with the modifications introduced by the plenary of the committees prior to voting.

It is a law that establishes the right of women and people with other gender identities with the ability to gestate to decide to terminate pregnancy, request and access abortion care, and receive post-abortion care in the services of the health system.

Free access is planned until week 14 of gestation. Outside this period, access will only be possible in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through article 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).

The term for access to the practice is 10 calendar days from its request, and the informed consent of the pregnant person expressed in writing is requested.

In cases of minors and people with disabilities or restricted capacity, referrals to the Civil and Commercial Code are provided to resolve whether they have the capacity to give consent and under what conditions they can do so.

Regarding conscientious objection, individual-type objection is allowed, and it is also indicated that those private health centers or social security centers that do not have professionals to carry out an abortion due to conscientious objection must foresee and order the Referral to a place, with similar characteristics, where the provision is actually made. On these points of the project we develop more in this note.

However, health personnel may not refuse to carry out the practice in the event that the life or health of the pregnant person is in danger and requires immediate and urgent care. Nor can conscientious objection be alleged to refuse to provide postabortion health care.

In addition, it strengthens the State’s responsibility to implement the Comprehensive Sexual Education law, and to establish active policies for the promotion and strengthening of sexual and reproductive health for the entire population.

What are the next steps in the Senate?

This Monday it is expected that the treatment of the project will begin in the Senate, with the presentation of members of the Executive Power before the plenary of the Justice, Health and Women’s Banking commissions. Tuesday and Wednesday will be dedicated to receiving specialists nominated by senators and senators. On Thursday, it is expected that there will be a discussion between members of the commissions to pass the opinion to signature, with the expectation of taking it to the site on December 29.

In this second instance of legislative discussion we reinforce our request for a respectful debate with arguments, and we hope that the voluntary interruption of pregnancy will be law before the end of the year.

Contacto

Mayca Balaguer, maycabalaguer@fundeps.org

With agreement on the opinion, the discussion begins in the Chamber of Deputies

After the plenary meeting of the General Legislation, Criminal Legislation, Social Action and Public Health, and Women and Diversity commissions, an agreement was finally reached on the bill for the Voluntary Interruption of Pregnancy that will be voted on tomorrow at the venue. of the Chamber of Deputies. What modifications does it have with respect to the project that the Executive Power had presented in November? What can we expect from today’s session? We tell you here.

“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”.

As planned in the legislative agenda, this Wednesday, December 9, the committee meeting was held to rule on the IVE bill. With 77 votes in favor, 30 rejection and 4 abstentions, an agreement was reached on the text of the project. The same thing had happened hours before in the plenary session of the Budget and Social Action and Public Health committees, which had discussed the First 1000 Days bill. Both projects will be discussed at the venue this Thursday, December 10.

What is the agenda for the day?

The call for the session was set at 11 in the morning, and the order of treatment of the projects will be first that of IVE and then that of Attention and comprehensive health care during pregnancy and early childhood, known as the program of the First 1000 days.

Throughout the day, the Campaign for Legal, Safe and Free Abortion called to accompany the vote in public spaces throughout the country. In Buenos Aires, the vigil will begin at 10 am in the vicinity of Congress, with activities throughout the day and until the law is voted. In Córdoba, the call is in the former Plaza Vélez Sarsfield from 6:00 p.m. As the right to abortion is a matter of public health, and taking care of ourselves as well, we reinforce the recommendations to participate in the vigil:

  • We wear a nose mask at all times.
  • We wash our hands with alcohol gel.
  • We keep the distance of 2 meters.
  • We take care of the sun with sunscreen, light clothing and a hat.
  • We bring fresh water to stay hydrated.
  • We do not respond to anti-rights provocations and we try to always be accompanied and attentive.

As the two bills will be discussed, the session is expected to last several hours. On IVE, a total of 170 deputies would speak, so the vote on the law would be in the early morning hours.

What does the opinion say? What modifications do you propose?
A few weeks ago we published this analysis with a systematization of the bills that would serve as the basis for this debate: the one presented by the Executive Power in November and the one presented by the Campaign in 2019, contrasting with the opinion approved by the Chamber of Deputies in 2018.

Yesterday a new opinion was approved, which foresees some modifications in the project presented by the Executive Power. What are they about?

In Art. 8, which regulates cases where the person requiring the practice is a minor, now a reference is made directly to art. 26 of the CCyC. Before the amendment, it was specified that those between 13 and 16 years of age have sufficient aptitude and maturity to decide on the practice and give due consent, unless a procedure that involves a serious risk to their health or life must be used. The reference to the applicable legal framework for these cases is maintained, as proposed by the Convention on the Rights of the Child and Law No. 26.061 on the Comprehensive Protection of Boys, Girls and Adolescents, which always provides that their best interests are protected and their rights guaranteed. to be heard.

On the other hand, the new Art. 11 is added, which indicates:

CONSCIOUS OBJECTION. OBLIGATIONS OF HEALTH ESTABLISHMENTS. Those health effectors of the Private Subsector or Social Security that do not have professionals to carry out the interruption of pregnancy due to the exercise of the right to conscientious objection in accordance with the previous article, must foresee and order the referral to an effector actually perform the service and that it is of similar characteristics to the person requesting the benefit consulted. In all cases, the practice must be guaranteed in accordance with the provisions of this law. The procedures and costs associated with the referral and the transfer of the patient will be the responsibility of the effector who performs the referral. All referrals contemplated in this article must be billed according to the coverage in favor of the effector performing the practice.

This new article provides a solution for the cases of private health or social security institutions where there is no non-objector professional, indicating that they must arrange the referral to another institution that does carry out the practice, guaranteeing that it is done in accordance with the law , and taking charge of all the procedures and costs associated with the referral and transfer.

At the same time, the wording of Article 10 is maintained, which recognizes the right to conscientious objection, with some limitations, such as that whoever objects must uphold their decision in all areas, public and private, in which they exercise their profession; She must also refer the patient in good faith to be attended by another professional in a temporary and timely manner, without delay; You must adopt all the necessary measures to guarantee access to the practice and finally you must comply with the rest of your professional duties and legal obligations.

It is also prohibited for cases in which the life or health of the pregnant person is in danger and requires immediate and urgent attention, and for cases that require post-abortion health care. This article also provides that non-compliance may give rise to disciplinary, administrative, criminal and civil sanctions, as appropriate.

However, this wording does not contemplate limitations that did arise in the opinion of the Deputies of 2018, such as that the objection had to be previously expressed individually and in writing, and communicated to the highest authority of the health establishment.

Another important point of that opinion is that it obliged the health establishments to keep a record of the professional objectors, having to inform the health authority of their jurisdiction, and explicitly prohibited institutional conscientious objection and / or ideology.

What does the inclusion of articles that admit the assumption of individual conscientious objection, and assumptions of institutions where there is no non-objector professional, mean?

We know that conscientious objection is a legal institute used to obstruct or delay access to sexual and (non) reproductive health services, as we have seen in cases of contraception and legal interruption of pregnancy. Recognizing it within the law, with the legal status of “right”, does nothing other than enable non-compliance with the law itself, seriously jeopardizing its effectiveness.

Conscientious objection is a legal institute that allows certain persons to be exempted from complying with a legal obligation, in cases where the action ordered by the norms contradicts their deepest religious, ethical or moral convictions; provided that this does not cause harm to third parties.

We understand that the incorporation of individual conscientious objection for direct intervention in the practice of IVE is based on respect for this freedom of conscience or religion, as long as it is exceptionally allowed and with all the limits mentioned. But recognizing the claim of private institutions to exempt themselves from the provision of pregnancy termination services is unthinkable. We fear that this may happen in the event that all the health professionals of an institution declare themselves as objectors. Even if it is not the institution that denies the service, if all its professionals are objectors, it becomes a disguised institutional conscientious objection.

A solution of this type violates the freedom and right to health of patients, and increases costs and problems for the public health system, which will be burdened by having to resolve the situations that the private subsystem derives. We are also concerned that as a consequence of this recognition, the situation in Uruguay will be repeated, where high levels of objection are identified, and there are even jurisdictions with 100% professional objectors. This exacerbates the difficulties that affect rural areas or areas far from large cities, where access to health services is more limited and there are fewer public institutions.

The private institutions that provide health services perform essential public functions: the provision of health services to the population. The fact that these functions are carried out for profit and through a private contract does not detract from the nature of the service. Therefore, the social function that these private companies fulfill is different from that of others that are not committed to guaranteeing people’s fundamental rights. In this sense, the social and legal requirement that is made to companies or entities that provide health services is much greater. Not only should they guarantee non-discrimination in access to services, but they are also subject to greater control and surveillance by the State.

In this sense, admitting that an entire institution can be exempted from the provision of IVE services is unjustified and would disproportionately put at risk the access to health of the people associated with them.

In any case, the opinion obliges these establishments to guarantee the referral, in a place with similar characteristics to the one that the person requesting the benefit consulted, where the practice must be guaranteed in accordance with the law. Then it indicates that the procedures and costs associated with the referral and transfer will be the responsibility of the institution that referred, providing that it will always be invoiced in favor of the effector who actually performs the practice.

It will be law

Despite these controversial points, we welcome the approval of the majority opinion and await treatment in both Houses before the end of the year. We recognize that reaching this instance was the result of the struggles of the human rights movement that has been promoting this law for so many years.

The National Congress now has the duty to give the legislative discussion with responsibility that a public health problem of this magnitude deserves, in this new opportunity to enact the law and mark progress in the protection of the rights of women and individuals. pregnant women in our country.

We hope that those who legislate put aside their personal convictions and private morals when tackling this project. They are legislating on our future, on our health and on our lives. We demand that you do so responsibly, supporting this bill with your positive vote, because it is a bill that expands rights and saves lives.

This afternoon, we go for the half penalty. And before the end of 2020, for the conquest of the right to legal, safe and free abortion.

Legislative treatment of the law on Voluntary Termination of Pregnancy begins

The discussion will begin in the Chamber of Deputies, with informational meetings of the committees throughout the week. After the long weekend the voting would come in the enclosure. It will be discussed on the basis of the bill sent by the Executive Power two weeks ago, and the bill presented by the National Campaign for Safe and Free Legal Abortion in 2019. What does each bill say?

“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 Tuesday, December 1, the plenary of the Criminal Legislation, General Legislation, Women and Diversities and Health commissions will receive members of the Executive Power (from the Health, Social and Legal and Technical Development portfolio). Then there will be presentations by scientists, sanitarians, health professionals and jurists for and against the law, with the expectation of reaching an opinion next Friday.

After having announced it at the opening of the legislative sessions, on March 1, the Executive Power finally sent the bill for the Voluntary Interruption of Pregnancy to the National Congress. It did so together with the bill that establishes the so-called “Thousand Days Plan”, which proposes State assistance to pregnant women in vulnerable situations during pregnancy and up to the first three years of the child’s life.

In this way, the debate on the legalization of abortion was once again enabled, one of the main points on the human rights agenda of our country since its discussion in Congress in 2018, which culminated in August with the rejection in the Senate. The Campaign for Legal, Safe and Free Abortion had presented its project in May 2019, which still has parliamentary status, so it is expected that during the debate in commissions both will be taken into consideration.

In this document we present a comparative analysis of both projects, contrasting them with the opinion that had been approved by the Chamber of Deputies in 2018. We consider that the National Congress has the duty to give the legislative discussion with the lessons learned at that time , and taking both projects as input.

Congress will again have the opportunity to enact a law that consolidates long-delayed human rights, respecting the international standards that regulate this matter to which the Argentine State is bound, marking an advance in the protection of the rights of women and pregnant persons in our country.

A law that guarantees the Voluntary Interruption of Pregnancy will allow us to advance in the construction of a more just, egalitarian and respectful of human rights society.

Contact

 

Mayca Balaguer, maycabalaguer@fundeps.org

Voluntary Termination of Pregnancy (IVE) bills: comparative analysis

This document proposes a comparative analysis between the bill of Interruption Pregnancy Volunteer who was treated in the Chamber of Deputies in 2018 and obtained average sanction; the bill of the National Campaign for Legal, Safe and Free Abortion presented in 2019 in Congress and the project presented by the Executive Power in November 2020.

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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