Abortion in Argentina

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search

Abortion in Argentina, when understood as induced, is considered a crime against a life and a person, and it can be punished with one to fifteen years of prison for anyone that induces an abortion. The same penalty is incurred by doctors, surgeons, midwives and pharmacists that induce or cooperate in the induction of an abortion, with the addition of a special disqualification for two times the length of their sentence. And any woman that intentionally causes her own abortion or consents to another person performing one on her, is faced with one to four years of prison.

However, abortion can be performed legally by a certified doctor if:

  1. The abortion has been made to avoid danger to life or health of the mother and whether this danger cannot be avoided by other means.
  2. The pregnancy results from rape or an attempt against the purity of a feeble-minded or demented woman.[1]

The last and only official report on the number of abortions dates from 2005 and, according to said report, there are 370,000 to 520,000 both legal and illegal abortions per year in Argentina. [2]. Many failed abortion attempts and deaths due to them are not recorded as such and/or are not notified to the authorities.[1][2][3] Enforcement of anti-abortion legislation is variable and complex; there are multiple NGOs providing women with help to access drugs that can interrupt pregnancies, as well as doctors who openly perform the procedure. In 2018, following years of lobbying, Congress members from all parties proposed to debate legalization and provision of free abortions in public clinics - a debate to be held in 2018. President Mauricio Macri has stated that, despite identifying as pro-life on this issue,he would not ban a decision by Congress on the matter, and the issue will be debated alongside other measures to address gender inequality.[4] In 2018 the matter took parliamentary status after the authorization to treat the law of legalization in the National Congress. On June 14, 2018 the Chamber of Deputies gave preliminary approval to the law with 129 votes in favor, 125 against and 1 abstention.[5][6][7] Senate rejected the law by 38-31. The pro-life movement, along with the Catholic Church received the result as a big win.

Legal and political debate[edit]

The Constitution of Argentina does not establish specific provisions for abortion, but the 1994 reform added constitutional status for a number of international pacts, such as the Pact of San José, which declares the right to life "in general, from the moment of conception". The interpretation of the expression "in general" in certain cases of abortion is still subject to debate.

In 1998, after a visit to the Vatican and an interview with Pope John Paul II, President Carlos Menem passed a decree declaring 25 March the Day of the Unborn Child. The date was due to the Catholic Holy Day of the Annunciation (that is, the conception, by the Blessed Virgin Mary, of Jesus Christ, the Son of God, in her womb). The Menem administration had already aligned with the Holy See in its complete rejection of abortion and contraception. During the first celebration of the new holiday, in 1999, the President stated that "the defense of life" was "a priority of [Argentina's] foreign policy".[8]

President Fernando de la Rúa (1999–2001) was not outspoken about its Catholic belief and its influence in government policies, but effectively kept them unchanged.

President Néstor Kirchner (elected in 2003) professed the Catholic faith but was considered more progressive than his predecessors. In 2005, Health Minister Ginés González García publicly stated his support for the legalization of abortion. Kirchner did neither support nor criticize González García's opinion in public. In a private interview, later, he assured that the law regarding abortion would not be changed during his term. In any case, harsh criticism from the Catholic Church soon shifted the focus to a "war of words" between the religious hierarchy and the national government.[9][10][11]

Carmen Argibay, the first woman ever to be appointed to the Supreme Court of Argentina by a democratic government, also caused great controversy as she admitted her support for abortion rights. Pro-life organizations, led by the Catholic Church, expressed their opposition to the appointment for this cause.[12][13]

In May 2006 the government made public a project to reform the Penal Code, which includes the de-criminalization of abortion. A commission studied the issue and produced a draft, intended to be presented to Congress. The project was signed by the Secretary of Criminal Policy and Penitentiary Affairs, Alejandro Slokar. On 28 May 2007, a group of 250 NGOs forming the National Campaign for Legal, Safe and Free Abortion presented a draft legislative bill to the Argentine Chamber of Deputies that would provide unrestricted access to abortion on demand up to the 12th week of pregnancy, and allow women to abort after that time in cases of rape, grave fetal malformations and mental or physical risk to the woman.[14] [15]

In March 2012 the supreme court has ruled that abortion in case of rape or threat to women's life is legal and that an affidavit of being raped is enough to allow a legal abortion. It also ruled that provincial governments should write protocols for the request and treatment of legal abortions in case of rape or life threat[16][17]

2018 bill[edit]

In early 2018, after years of lobbying by different groups, the Argentine Congress began working towards a draft project to legalize abortion and to potentially provide it free of charge in all national clinics. Opinions remained divided, with different points of view in all parties (the initial project was launched with 71 signatures from congress members from all parties). President Mauricio Macri encouraged the discussion of an abortion law during the 2018 opening of regular sessions of the National Congress of Argentina.[18] and has stated that he would not veto a legalization if Congress passed it[citation needed] and has proposed to debate the policy alongside other laws aimed at gender equality (extension of parental leave and so on).[19] On June 14, 2018 the Chamber of Deputies gave preliminary approval to the law with 129 votes in favor, 125 against and 1 abstention.[5][6][7]

The proposal divided both the legislators of Cambiemos and the Justicialist Party.[20] However, on 9 August 2018 the bill was rejected by the Senate with 31 ayes, 38 nays and 2 abstentions.[21]

Abortion protocols[edit]

Provinces under the Nation Protocol
  Sentenced by the court protocol (10)
  Partially sentenced by the court protocol (6)
  Without regulation protocols (8)

It is often the case that women who may have sought an abortion under the legal provisions of the Penal Code are not appropriately (or at all) informed of this possibility by the attending physicians, or are subject to long delays when they request a legal abortion. Physicians, due to lack of knowledge of the law and fearing legal punishment, often demand that the patient or her family request judicial authorization before terminating a pregnancy, which sometimes can extend the wait beyond the time when it is advisable to abort.

In March 2007, Buenos Aires Province health authorities released a protocol addressing the provision of legal abortion procedures without delays or need for judicial authorization. The main change regarding previous treatments of abortion was the explicit recognition that any case of rape can be a threat to the psychic health of the victim and thus justify an abortion request.[22]

An abortion protocol drafted by the National Institute Against Discrimination, Xenophobia and Racism (INADI) was presented, starting in May 2007, to provincial health ministers and legislatures for consideration. This protocol includes a series of procedures to be conducted in order to assess an abortion and the maximum permissible time spans for them. It also features a proposal to create a national registry of conscientious objectors.[23] [24]

In June 2007, the legislative body of Rosario, Santa Fe Province, adopted a protocol similar to that of Buenos Aires. Physicians assisting a woman covered by Article 86 of the Penal Code are obligated to explain her condition to the patient, offering the choice of terminating the pregnancy, as well as counseling before and after the abortion. The protocol explicitly forbids the judicialization of the procedure and warns that physicians who delay a legal abortion are liable to administrative sanctions and civil or penal prosecution. [25] [26]

In November 2007, the legislature of La Pampa Province passed an abortion protocol law which included provisions for conscientious objectors and dictated that public hospitals would have to comply with an abortion request in any case. This would have made La Pampa the first district in Argentina to have an abortion protocol with the status of provincial law. [27] [28] The law, howevever, was vetoed by governor Oscar Mario Jorge as one of his first acts of government, less than three weeks later, with the argument that its new interpretation of previous legislation could be deemed unconstitutional. The protocol had been attacked with the same argument by the bishop of Santa Rosa, Rinaldo Fidel Bredice, on the day it was first passed. [29]

Stages during pregnancy. Embryogenesis is marked in green. Weeks and months are numbered by gestation.

Social debate[edit]

Argentina has a robust network of women's organizations whose demands include public access to abortion and contraception, such as the Women's Informative Network of Argentina (RIMA) and Catholic Women for the Right to Choose (Católicas por el Derecho a Decidir). The National Women's Meeting, held annually in different cities, gathers these and other feminist and pro-choice groups. The 20th Women's Meeting, held in October 2005 in Mar del Plata, included a 30,000-people demonstration asking for unrestricted abortion.

The opposition to abortion is centered on two fronts: the religious one, led by the Catholic Church, and voiced by the ecclesiastical hierarchy and a number of civil organizations, which consider abortion the murder of an innocent person; and the legal one, represented by those who understand that abortion is forbidden by the Constitution (which must override the Penal Code).

A survey conducted in early 2005, commissioned by the Argentine branch of the Friedrich-Ebert Foundation, showed that 76% respondents were in favour of legalizing abortion for cases of rape (that is, regardless of the mental capacity of the woman), and that many also wanted abortion legalized when the fetus suffers from a deformity that will make it impossible for it to survive outside the womb. A December 2003 Graciela Romer y Asociados survey found that 30% of Argentines thought that abortion should be allowed "regardless of situation", 47% that it should be allowed "under some circumstances", and 23% that it should not be allowed "regardless of situation".[30]

In a more recent survey conducted in September 2011, nonprofit organization Catholics for Choice found that 45% of Argentineans are in favor of abortion for any reason in the first twelve weeks. This same poll conducted in September 2011 also suggests that most Argentineans favor abortion being legal when a woman’s health or life is at risk (81%), when the pregnancy is a result of rape (80%) or the fetus has severe abnormalities (68%).[31]

It is a common belief in Argentina that, the higher the economic status of the pregnant woman, the easier it is for her to get a safe abortion, while poorer women often cannot afford a clandestine procedure under sanitary conditions or post-abortion care.

Recent cases[edit]

Several cases of pregnancy resulting from rape and one involving a nonviable fetus have sparked debate about abortion in Argentina since the beginning of the 21st century. In 2001, 25-year-old Luciana Monzón, from Rosario, Santa Fe, discovered that the fetus in her womb, at 16 weeks of gestation, was anencephalic. There was virtually no chance of survival for the baby once it left the womb. Four weeks later she asked for judicial authorization to terminate the pregnancy. First one judge and then another excused themselves from dealing with the request, and the case went to the Supreme Court of Santa Fe, which dictated that the first judge should decide. By that time, however, Monzón had decided to take it to term, because of the delay. The baby was born spontaneously, weighing only 558 grams, and died 45 minutes after birth.[32][33][34]

In 2003, a 19-year-old rape victim from Jujuy Province, Romina Tejerina, had a baby in secret and killed her, according to tests, in a psychotic episode. In 2005 she was sentenced to 14 years in prison. She had not accused the rapist, and had managed to conceal her state. Townspeople, public figures and some politicians expressed her support for Tejerina as a victim, and many pointed out that she should have had the chance to resort to abortion. Most notably, the sentence prompted Health Minister Ginés González García to state his support for legal abortion for rape victims.[35][36][37]

The 2006 cases[edit]

In 2006, two cases of rape of mentally disabled women became subject of extensive media coverage and debate. One of them involved 19-year-old L.M.R., from Guernica, Buenos Aires Province. Her mother noticed the pregnancy, guessed what had taken place, and went to the public San Martín Hospital in La Plata to request the abortion, allowed under the provisions of the Penal Code. The Ethics Committee of the hospital studied the case, as usual, but the prosecutor of the rape case alerted judge Inés Siro about the upcoming abortion, and Siro blocked it, based on "personal convictions". The block was appealed, and the Supreme Court of Buenos Aires overruled Siro, but the physicians at the hospital excused themselves saying that the pregnancy was now too advanced. The family of the victim was approached by a non-governmental organization that collected money and paid for the mentally disabled woman to have the abortion performed in a private context, by an undisclosed physician.

The other case, which came into the public light at about the same time, was that of a 25-year-old rape victim in Mendoza Province with an acute mental and physical disability. The mother of the victim requested and was granted judicial authorization, but as the pre-surgical tests were being performed at the Luis Lagomaggiore Hospital, the abortion was blocked by a judicial request (a kind of injunction) interposed by a Catholic organization. On appeal, the injunction was rejected by the Supreme Court of Mendoza, and the abortion was performed as originally planned.[38]

As a result of both cases, all but two of the provincial Health Ministers issued a joint statement supporting the medical teams and health authorities responsible for the abortions, and expressing their commitment to the law. Minister González García further stated that "there are fanatics that intimidate and threaten" and that "tolerance to fanatical groups must be ended".[39][40]

On 23 August 2006 the Argentine Episcopal Conference issued a document titled "A Question of Life or Death", stating the Church tries to protect life "moved by the deep love of God... [and] the desire of giving value to each of the lives that are conceived", and pleading not to "seed the culture of death in our society."[41]


  1. ^ "Argentina: Limits on Birth Control Threaten Human Rights". Human Rights Watch. Retrieved 2006-08-28.
  2. ^ "The International Encyclopedia of Sexuality: Argentina". Humboldt-Universität zu Berlin. Archived from the original on 31 August 2006. Retrieved 2006-08-28. Cite uses deprecated parameter |deadurl= (help)
  3. ^ Nadia Berenstein. "Abortion in Argentina". Planned Parenthood. Archived from the original on October 12, 2006. Retrieved 2006-08-28. Cite uses deprecated parameter |deadurl= (help)
  4. ^ "Radiografia del Aborto en Argentina" (in Spanish). Telam. Retrieved 2018-03-09.
  5. ^ a b "Aborto: ahora la discusión se traslada al Senado, donde hay más resistencias" (in Spanish). Retrieved 14 June 2018.
  6. ^ a b "Uno por uno, cómo votó cada diputado el proyecto de legalización del aborto" (in Spanish). Retrieved 14 June 2018.
  7. ^ a b Abrevaya, Sebastian (15 June 2018). "La ola verde llega al Senado | Cómo recibirá la Cámara alta el proyecto de despenalización del aborto". PAGINA12 (in Spanish). Retrieved 14 June 2018.
  8. ^ "Speech by President Menem during the commemoration of the Day of the Unborn Child" (in Spanish). 25 March 1999. Archived from the original on 22 September 2008. Retrieved 31 August 2006. Cite uses deprecated parameter |dead-url= (help)
  9. ^ "'Me ofrecieron millones para frenar los genéricos'" (in Spanish). Página/12. 2005-02-14. Retrieved 2006-08-29.
  10. ^ "Argentinean Health Minister declares legalization of abortion part of his agenda". Catholic News Agency. 2005-02-15. Retrieved 2006-08-29.
  11. ^ "Argentina: Row Over Church & State". About.com. 2005-02-19. Retrieved 2006-08-29.
  12. ^ "Atheist Heads to High Court Seat". Institute for Humanist Studies. 2004-01-28. Archived from the original on October 28, 2007. Retrieved 2006-08-29. Cite uses deprecated parameter |deadurl= (help)
  13. ^ "Impugnaciones a la doctora Argibay" (in Spanish). Argentine Catholic News Agency. Archived from the original on 23 August 2006. Retrieved 2006-08-29. Cite uses deprecated parameter |deadurl= (help)
  14. ^ "Para que la maternidad sea una elección" (in Spanish). Página/12. 28 May 2007. Archived from the original on 22 June 2007. Retrieved 2007-06-02. Cite uses deprecated parameter |deadurl= (help)
  15. ^ Marcela Valente. "ARGENTINA: Abortion - No Longer a Taboo Subject". Inter Press Service. Archived from the original on 2007-06-12. Cite uses deprecated parameter |deadurl= (help)
  16. ^ http://www.pagina12.com.ar/diario/elpais/1-189566-2012-03-14.html
  17. ^ http://www.cij.gov.ar/scp/index.php?p=interior-nota&nid=8754
  18. ^ "Mauricio Macri en el Congreso: reviví el minuto a minuto de la Asamblea Legislativa" [Mauricio Macri in the Congress, relive the minute by minute of the Legislative assembly] (in Spanish). La Nación. March 1, 2018. Retrieved February 28, 2018.
  19. ^ "Radiografia del Aborto en Argentina" (in Spanish). Telam, Argentine news agency (official). Retrieved 2018-03-09.
  20. ^ "Argentina lower house passes legal abortion bill in tight vote". Reuters. June 14, 2018. Retrieved July 10, 2018.
  21. ^ "Legal abortion bill rejected in Argentina". BBC News. 2018-08-09. Retrieved 2018-08-10.
  22. ^ "Guía pública para los abortos no punibles" (in Spanish). Página/12. 18 March 2007. Retrieved 2007-03-18.
  23. ^ "Pasos y plazos ante un caso" (in Spanish). Página/12. 23 May 2007. Retrieved 2007-06-15.
  24. ^ "General Recommendation No. 002/07: Discrimination in the provision of healthcare for cases of legal abortion and post-abortion treatment" (PDF) (in Spanish). INADI. 23 May 2007. Archived from the original (PDF) on 2007-09-28. Retrieved 2007-06-15. Cite uses deprecated parameter |deadurl= (help)
  25. ^ "Para que no haya ninguna duda" (in Spanish). Rosario/12. 15 June 2007. Retrieved 2007-06-15.
  26. ^ Pablo Colono (March 2007). "Project of bill for the creation of a "Protocol for the Integral Attention of the Woman in Cases of Non-punishable Abortion"" (in Spanish). Deliberative Council of Rosario. Archived from the original on 2007-10-09. Cite uses deprecated parameter |deadurl= (help)
  27. ^ "Un derecho garantizado por ley" (in Spanish). Página/12. 28 November 2007. Archived from the original on 30 November 2007. Retrieved 2007-11-28. Cite uses deprecated parameter |deadurl= (help)
  28. ^ "Abortos no punibles garantizados" (in Spanish). Página/12. 29 November 2007. Archived from the original on 2 December 2007. Retrieved 2007-11-29. Cite uses deprecated parameter |deadurl= (help)
  29. ^ "Un veto de la hostia" (in Spanish). Página/12. 18 December 2007. Archived from the original on 20 December 2007. Retrieved 2007-12-18. Cite uses deprecated parameter |deadurl= (help)
  30. ^ "Argentines Assess Abortion Changes." (Mar. 4, 2004). Angus Reid Global Monitor. Retrieved January 10, 2006.
  31. ^ "Views on Changing the Law on Abortion in Argentina" (PDF). Belden Russonello Strategists LLC. October 2011. Archived from the original (PDF) on 2012-05-24. Retrieved 2011-11-22. Cite uses deprecated parameter |deadurl= (help)
  32. ^ "Una mujer aún espera que la Justicia responda a su pedido de aborto terapéutico" (in Spanish). La Capital. 2001-10-23. Retrieved 2006-08-28.[dead link]
  33. ^ "Anencefalia: sigue con su embarazo por una demora de la Justicia" (in Spanish). Clarín. 2001-11-03. Retrieved 2006-08-28.
  34. ^ "Muere bebé de mujer que había solicitado a la justicia abortar" (in Spanish). CIMAC Noticias. 2001-11-14. Archived from the original on 2006-08-23. Retrieved 2006-08-28. Cite uses deprecated parameter |deadurl= (help)
  35. ^ "Romina Tejerina: "Si hubiera quedado embarazada de quien quería, no lo habría hecho"" (in Spanish). Clarín. 2005-06-12. Retrieved 2006-08-28.
  36. ^ Popper, Helen (2005-06-05). "Jailed baby killer fuels debate on abortion after rape". London: Guardian Unlimited. Retrieved 2006-08-28.
  37. ^ "Promising Signs in Argentine Struggle for Safe, Legal Abortion". OneWorld.net. 2005-05-28. Archived from the original on 2006-01-14. Retrieved 2006-08-28. Cite uses deprecated parameter |deadurl= (help)
  38. ^ "Otro pedido de aborto para una discapacitada" (in Spanish). La Nación. 2006-08-18. Retrieved 2006-08-28.
  39. ^ "Ministros de salud de todo el país apoyaron la práctica del aborto" (in Spanish). La Nación. 2006-08-24. Retrieved 2006-08-28.
  40. ^ "Church defends abortion stance". Buenos Aires Herald. 2006-08-27. Archived from the original on September 28, 2007. Retrieved 2006-08-28. Cite uses deprecated parameter |deadurl= (help)
  41. ^ "Una cuestión de vida o muerte" (in Spanish). Argentine Episcopal Conference. 2006-08-23.

External links[edit]