The Penal Code of 1921 was sanctioned during the first democratic government of Argentina (secret and compulsory election for men) under the leadership of radical President Hipólito Yrigoyen and drafted by a commission composed of socialist Enrique del Valle Iberlucea, conservative Pedro Garro and progressive democrat Joaquín V. González. The Commission stated that in the field of abortion it was based on the text of the draft Swiss penal code of 1916 and clarified that the impunity of abortion in the event of an attack on the modesty of women with intellectual disabilities had a eugenic purpose, quoted Luis Jiménez de Asúa: In the political field of the parties, The national executive of the Christian Democratic Party decided on February 24, 2018, “to ratify its commitment and activism with protection. of human life from conception”[141], while its only national deputy Juan Bruges determined his position on this subject: “For life from conception, because our Party has it in its program and because it is in the national constitution through international treaties. Any bill that seeks to legalize abortion is unconstitutional. [142] In the mid-1930s, Juan B. González, professor of obstetrics at the Faculty of Medicine of the University of Buenos Aires, advised the minister of the province of Cordoba on the introduction of medical abortion into provincial laws. [18] Protocol on the comprehensive care of persons entitled to a voluntary and legal termination of pregnancy. Updated 2021.
Article 87: It is abolished or abolished with a prison sentence of six (6) months to three (3) years, the one who forcibly causes an abortion without having had the purpose of causing it, if the state of pregnancy of the pregnant person is known or known. Many pro-life organizations are directly affiliated with the Catholic Church in Argentina, whose highest national reference is the Argentine Episcopal Conference. [173] Even within the diverse universe of Protestant Christian Churches, ACIERA, the largest group of Argentine evangelical churches (15,000), established on March 5, 2018 a position against the project of decriminalization of abortion and for “the right to life, as fundamental and superior to all others.” [174] Argentina legalizes voluntary termination of pregnancy for all reasons In December 2021, a few days after December 1, 2021. Anniversary of the adoption of Law 27.610, the government published data on its implementation on the territory of the state. In the public system, 32,758 abortions were performed in safe conditions. [255] [256] Art. 6 – Information and treatment of abortion and sexual and reproductive health. Once the request for voluntary termination of pregnancy has been made in accordance with Article 4, the health facility will make the following available to pregnant women who need them, within the framework of the National Program for Sexual Health and Responsible Reproduction, Law 25.673: This Thursday, January 14 marks an important milestone in the feminist struggle in Latin America. In the afternoon, Argentine President Alberto Fernández promulgated Law 27,610 for legal abortion at Casa Rosada, the seat of executive power. The regulation then entered into force.
Abortion in Argentina refers to the history and current state of voluntary abortion. Argentina has introduced the decriminalization of therapeutic abortion and rape-based abortion since 1921 and established the right to free and medically assisted abortion by Law 27,610 of 30 December 2020 in cases approved since 1921, or in all other cases where the pregnancy does not exceed the fourteenth week, including. [1] The law entered into force throughout the national territory on January 24, 2021, following the promulgation of the President of the Nation, Alberto Fernández. [2] He stresses that health should be interpreted as “the complete state of physical, mental and social well-being and not just the absence of disease” as defined by the WHO. In some cases, it has been interpreted that rape should only be committed against women with the above-mentioned disabilities, so that abortion is not punishable (eugenic abortion). [90] During its general periodic review in 2014, Argentina committed to consider a number of recommendations on women`s access to reproductive rights in the country. Some of the recommendations included taking steps to ensure that no woman or girl is criminally punished for an abortion, enacting laws granting women legal access to various reproductive health services, and ensuring equal access to legal abortion throughout the country. [72] [73] Law 27.610 regulates access to voluntary and legal abortion and post-abortion follow-up care for all persons capable of pregnancy. It is mandatory throughout the country. Juana Luna believes that the “vigils” of June 13 and August 8, 2018 marked a key moment in the history of abortion in Argentina because they “led abortion as a social reality not to be a whisper that had to be silenced to become a polyphonic and intergenerational story.” [68] d. Mental health, understood as an attack on the health of the pregnant person (added since 2015)[88] In 1988, the Commission for the Right to Abortion (Codeab) was created in favor of its legalization by taking a request in a newspaper and publishing new articles on abortion.
[27] [17] It was published on the 28th. Launched in May 2005, the International Day of Action for Women`s Health, it has since had the ability and strength to simultaneously coordinate activities in different parts of the country under the motto: “Decide on sex education, do not abort, legal abortion do not die”. At the National Congress, plans for the voluntary termination of pregnancy have been presented on several occasions. In 2019, after the Senate voted against the 2018 bill, a reformed bill was introduced that establishes the following: Cecilia Pando also spoke out against abortion. Legal termination of pregnancy (ILE) refers to the right to abortion in the following situations: Similarly, everyone has the right to post-abortion care, whether it has occurred in situations provided for by law or not, and to access to contraceptive methods. According to official figures, about 3,000 women in Argentina have lost their lives in about 370,000 illegal abortions, in which women are often forced to undergo surgeries without health guarantees or for which they have to pay large sums of money. The organization Catholics for the Right to Decide, an association that brings together people who call themselves Catholics but who do not agree with the official position of the Church,[208] although the ecclesiastical authorities have stressed that this association is not part of their creed. [209] At abortion hearings in 2018, they demonstrated in favor of legalizing the same in 2018, Congress rejected a similar bill that, although approved in the House of Commons, received rejection from the Senate, which was then configured by a conservative majority that responded to the anti-abortion movement, with a strong weight in a deeply Catholic nation. In 1921, the penal code in force today was promulgated. There, the consideration of abortion as a crime other than murder was maintained and the maximum penalty for voluntary abortion, for women and professionals who perform it, was increased from three to four years. However, the Penal Code of 1921 also provided for cases of unenforceable abortion in two paragraphs: (1) to avoid endangering the life or health of the mother (therapeutic abortion); (2) “if the pregnancy is due to rape or an immoral attack on an idiotic or mentally ill woman.” The extent of the decriminalization introduced by Article 86 underwent strong doctrinal and political struggles in the decades that followed. Article 1 – Purpose.
The objective of this law is to regulate access to voluntary termination of pregnancy and post-abortion care, in accordance with the commitments made by the Argentine State in the field of public health and human rights of women and persons with different gender identities with the ability to become pregnant, and to contribute to the reduction of preventable morbidity and mortality. On 9 May 2004, Ginés González García, Minister of Health in the Government of Néstor Kirchner, issued instructions to all hospitals in the country to ensure that women admitted for abortion complications be treated confidentially, impartially restrained and contraceptives provided. [37] In 1975, in preparation for International Women`s Year, the Lucha por la Mujer Front (LWF) developed a ten-point basic program that included “legal and free abortion.” [19] [23] These cannot be “opponents” who do not directly exercise the practice of interruption, such as those who need to guarantee, for example: ultrasound, measurement of blood pressure or temperature, follow-up after abortion, dispensing of medication, anesthesia, among others.