Abortion Law in Argentina: What’s Next?

There were 22 hours of session in the Chamber of Deputies of Argentina, which ended with a majority of 131 parliamentarians in favor of the project of Voluntary termination of pregnancy (IVE) up to week 14 of gestation. At about 7:20 a.m., the vote took place, after more than 160 speakers presented their points of view. As in 2018, the bill was approved in the Lower House, although this time the vote was a little looser and the final decision now remains in the hands of the Senate.

In 2018, the opposition project on the decriminalization of abortion was approved with a difference of just four votes, 129 to 125, and with one abstention. This time, the margin was 14 votes, although there were more abstentions. The Plan of 1,000 days of comprehensive protection for pregnant women up to the first years of childhood was also voted on, which was approved by 196 votes in favor.

The project to decriminalize abortion allows the interruption of pregnancy until the 14th week of gestation and once requested must be carried out within a maximum period of 10 days in a row. Also, it is established that the practice must be included in the Compulsory Medical Program to guarantee comprehensive and free coverage. From the age of 16, the woman may show her informed consent on her own and for those under 13 years of age, the assistance of at least one of their parents or legal representative is required.

The arguments for and against the initiative were not very different from those of 2018. The promoters of the project insisted that the legalization of abortion means an expansion of women’s rights and that it is a matter of public health as they are legal, safe and not clandestine. From the other side, the idea that life occurs from conception was reiterated and that it is protected by the Constitution.

The green tide that passed the early morning closely following the debate and voting – in the Plaza del Congreso – celebrated the result. Hugs, applause and cheers sounded both outside and inside Parliament. On the other hand, a demonstration with blue scarves also accompanied the debate from outside the venue, but the enthusiasm was wearing away as the hours passed. Yes, the sectors in favor of the abortion know that they still cannot claim victory. Two years ago, the Senate rejected the legalization of abortion and it all came to nothing.

From next week the debate will begin in the Senate committees and it is estimated that the final discussion will take place before the end of the year. For now, the Upper House would be deciding the number of commissions to which the bill will be taken.

“We are optimistic about what may happen in the Senate. I do not have the numbers nor can I raise it because that corresponds to the senators, but we have the impression that the one made (in the project) is a very sensible proposal and that it has been agreed by different political sectors, “he said today in a press conference after the vote the Legal and Technical Secretary of the Presidency, Vilma Ibarra.

The senator of the PRO -macrista party- Guadalupe Tagliaferri, in favor of the project, told Clarín that “now we have to deal with the project in the Senate. The changes that were made in the project in Deputies were worked with senators of Together for Change, with which I think there are better prospects than in 2018 ”.

For this process in the Senate, the vote is expected to be more even. Until Thursday night, the calculations made by the “celestial” indicated that that sector added 36 votes and the “green” 34. And according to the count of the “green”, the situation would be almost tied: 34 against and 34 against favor and three undefined.

Everything could be complicated depending on the abstentions, even in the voting in particular of some articles. If, for example, approval in general were by a single vote difference and a senator abstained on an article, the initiative should go back to the Deputies.

Anyway, the wind seems to blow in favor of the “greens”. According to Clarín, “the widespread speculation is that as it is a law promoted by Alberto Fernández, it shouldn’t cost the ‘greens’ to add two supports. The absences of two ‘celestial’ could also guarantee the sanction ”.