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OR Senate of Argentina approved, at dawn this Wednesday (30), after 12 hours of debate, the bill of the government of President Alberto Fernández to legalize abortion in the country.
Were 38 votes in favor of legalization, 29 against and one abstention.
“It is approved, becomes law and passes to the Executive,” said Vice President Cristina Kirchner, who chairs the Senate.
Protesters in favor of the legalization of abortion, which adopted green as the color that symbolizes them, gather in Buenos Aires as the Senate debates the bill on Wednesday (30) – Photo: Agustín Marcarian / Reuters
The text approved today establishes that women have the right to voluntarily terminate pregnancy until the 14th week of gestation. After this period, abortion will be allowed only in cases of danger of life to the pregnant woman or when conception is the result of rape.
Twitter hair, Fernández celebrated the approval of the project:
“Safe, legal and free abortion is law. Today we are a better society, which expands the rights of women and guarantees public health,” wrote the Argentine president on the social network.
The bill had been approved by the House on December 11, when it obtained 131 votes in favor and 117 against the deputies. Six MPs abstained.
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According to information from the AP agency, Clandestine abortions have already killed more than 3,000 women in the country since 1983. Each year, about 38,000 women are hospitalized for this procedure.
And the second time in less than three years the issue has returned to the agenda. The project, authored by the Fernández government, reached Congress weeks ago, following a promise from the then opposition candidate to Mauricio Macri.
In 2018, still under the Macri government, a proposal to legalize abortion in Argentina was approved by the Chamber, but ended up being rejected in the Senate.
Current law provides for voluntary termination of pregnancy only in the event that the mother’s life is life-threatening or when the conception is the result of rape.
That changes now: the project approved this Wednesday authorizes the termination of pregnancy until the 14th week of gestation. The procedure must be carried out within ten days of the request to the health service.
The text establishes that doctors who are against abortion are not obliged to perform the procedure, but the health services must designate another professional who is willing to do so. If the patient is under 16 years of age, she will need parental consent.
What happens to pregnant women over 16 and under 18 was a matter of debate. Initially, the text said that they could request the procedure themselves. After discussion, a paragraph was added stating that, in this situation, if there is a conflict of interest with parents, patients will receive legal assistance.
Legislation on abortion in Latin America
Latin American countries generally have some of the most restrictive laws on abortion.
Countries where it is legalized
The Latin American countries that allow unconditional abortion in the first weeks of pregnancy, according to the term established in their legislation, are:
- Uruguay;
- Cuba;
- Guiana;
- French Guiana;
- Puerto Rico.
Countries where it is prohibited without exceptions
The prohibition without exception of the voluntary interruption of pregnancy is provided for in the criminal codes of:
- The Savior;
- Honduras;
- Nicaragua;
- Dominican Republic;
- Haiti.
Countries where you are subject to conditions
In the rest of Latin America, all states provide conditions to a greater or lesser extent to interrupt pregnancy.
Paraguay, Venezuela, Guatemala, Peru me Costa Rica They have some of the most restrictive laws and only decriminalize abortion if the life or health of the pregnant woman is at risk.
The rest contemplate conditions that go beyond the risk of death or threat to the mother’s health, although also with nuances.
Some countries, like Chile, Colombia me Brazil, they also include cases of rape and unfeasibility of the fetus in their penal codes.
Currently, abortion is only allowed in Brazil in case of rape, which endangers the life of the mother and the fetus with anencephaly (in the latter case, the authorization was granted by the Supreme Court in 2012).
further Bolivia it adds incest and, in the case of Belize, socioeconomic factors.
No Ecuador, there are three causes in which abortion is allowed: threat to the life or health of the woman, unfeasibility of the fetus and rape of a woman with a mental disability.
No MexicoEach federal state has its own legislation on abortion. Restrictions vary by state.
However, only in Mexico City and Oaxaca is free and unconditional abortion allowed during the first 12 weeks of pregnancy.