We present ourselves as “friends of the court” before the Supreme Court of Justice of Tucumán

This is the case of “María Magdalena”, a woman who came to the guard of a hospital with an abortion in progress and suffered torture, inhuman treatment and obstetric violence when she was treated, and later was unable to access justice in the province of Tucumán.

In 2012, María Magdalena (name used to preserve her anonymity) arrived at the Nuestra Señora de las Mercedes Maternity guard with a miscarriage in progress. The gynecologists who treated her, Claudia Callejas and Alejandra Bereguer, performed a curettage without anesthesia and later reported her to the police, accusing her of having caused the abortion.

María Magdalena was dismissed in 2015 and has been trying to get justice ever since. She denounced these doctors for gender violence and violation of professional secrecy, but in all the judicial instances of Tucumán they refused to investigate, and they filed the case.

The case reached the Supreme Court of Justice of the Nation and in February of this year it was resolved that the Judicial Power of Tucumán should investigate the medical actions of the gynecologists and rule on the denounced facts, since these signify a flagrant violation of the Women rights.

From Fundeps, we present an Amicus Curiae presenting a series of arguments to substantiate the human rights violations suffered by María Magdalena, and thus demand that justice be done. Among them, we highlight the right to a life free of violence in the framework of health care, compliance with the medical obligations of health professionals (derived from the Law on the Rights of the Patient in their Relationship with Professionals and Health Institutions) and the right to access justice.

We demand that the Judicial Power of Tucumán comply with its duty to guarantee women the full enjoyment of their rights and that it punish those who attempt against them, doing justice for María Magdalena and all women who see obstacles hindering access to essential services under conditions. safe and affordable.


Sofia Armando


Mayca Balaguer, maycabalaguer@fundeps.org