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The Senate of Argentina approved this Wednesday morning the abortion law, which came to this instance after receiving the positive vote in recent days in the Chamber of Deputies. With the decision, the law is now a reality in the country after years of struggle by social organizations.
Until the approval of this norm, the interruption of pregnancy was allowed only in cases of risk to the health or life of the pregnant person or in cases of rape, a situation that now changes completely. These are the possibilities offered by this law.
(It may interest you: Argentina legalizes voluntary abortion up to week 14 of pregnancy)
What does the law contemplate?
This law grants “women and people with other gender identities with the capacity to gestate” the right to decide to terminate the pregnancy and have access to abortion and subsequent care in the health system up to week 14 (inclusive) of gestation.
As of week 14 it can only be done in the two cases contemplated before the approval of this law: risk to the mother’s health or rape.
The abortion must be performed in the services of the health system or with its assistance, within a maximum period of ten calendar days from its request, and it will always be free, as well as diagnostic services, medications and support therapies.
Treatment must also be of quality, meeting the scope and definition of the World Health Organization.
(Read here: A polarized Senate decides whether to legalize abortion in Argentina)
Will there be confidentiality?
Yes. People who decide to terminate their pregnancy have the right to confidentiality, and the health personnel in charge of performing the abortion must guarantee this right and maintain medical secrecy throughout the care process and also afterwards.
The patient has the right that any person who participates in the preparation or handling of clinical documentation (…) must respect the right to confidentiality
“The patient has the right that any person who participates in the preparation or handling of clinical documentation, or has access to its content, must respect the right to confidentiality, unless expressly authorized in writing by the patient herself,” he highlights the text.
Autonomy and adequate information, keys in the law
Health personnel must respect the decisions of patients regarding the exercise of their reproductive rights, the treatment alternatives and their future sexual and reproductive health, and these decisions “should not be subjected to judgments derived from personal, religious or axiological considerations on the part of health personnel, their free and autonomous will must prevail.”
The patient has the right to receive adequate information about her health. Information should be provided on the various interruption methods of pregnancy and the scope and consequences of the practice, and this information must be updated, understandable, truthful, and provided in language and in accessible formats.
(Also read: Legal abortion and tax on fortunes, controversial proposals by Fernández)
What is informed consent?
The abortion will always be done with the informed consent of the pregnant person expressed in writing, and no one can be substituted in the personal exercise of this right.
The Argentine Senate approved the termination of pregnancy legally and free of charge.
Juan Ignacio Roncoroni. Efe
What ages does the law contemplate?
The person is considered to have full capacity to give consent from the age of 16, while minors under 13 must present their informed consent with the assistance of at least one of their parents or legal representative.
Those between the ages of 13 and 16 must give consent with the assistance of their parents or guardians if the procedure
it is done invasively, and not through a drug, so
that your health is compromised.
Will there be conscientious objection?
Yes. This law offers a series of rights for pregnant people and also for health personnel, who You can apply for conscientious objection if you wish and meet a number of conditions.
(Also: What is the climate in Argentina after a new step towards legal abortion?)
In the first place, if a professional wants to materialize this right, they have to “maintain their decision in all areas, public and private, in which they exercise their profession”, and “refer the patient in good faith to be cared for by another or another professional in a temporary and timely manner, without delay. “
Likewise must “adopt all necessary measures to guarantee access to the practice” and “comply with the rest of their professional duties and legal obligations.”
Health personnel may exercise the right to conscientious objection (photo file).
But health personnel may not refuse to carry out the termination of pregnancy in the event that the life or health of the pregnant person is in danger and requires immediate and urgent care, nor can conscientious objection be alleged to refuse to provide post-abortion health care.
In the event that there are centers that do not have professionals to carry out the interruption of pregnancy due to conscientious objection, They should refer the patient to another where they can do it.
(We recommend: Legal abortion, the initiative being debated in the Argentine Congress)
Sex education
Public institutions are responsible for implementing the Comprehensive Sexual Education law, “establishing active policies for the promotion and strengthening of sexual and reproductive health for the entire population.”
They should also train teachers, professionals and other health workers on the gender perspective and sexual diversity, “in order to provide adequate care, containment, and follow-up to those requesting a voluntary outage of the pregnancy in the terms of the law, as well as to the public servants and the public servants that act in said processes “.
This obligation is linked to another of the rights that the law grants to pregnant persons, that of “preventing unintended pregnancies through access to information, comprehensive sexuality education and effective contraceptive methods.”
How did the Argentine president react?
Through a tweet, the president of Argentina, Aberto Fernández, said: “Safe, legal and free abortion is the law. I promised to do so on election campaign days. Today we are a better society that expands rights to women. women and guarantee public health. Recover the value of the word committed. Commitment of politics “.
Safe, legal and free abortion is law.
I promised to do so on election campaign days.
Today we are a better society that expands rights to women and guarantees public health.
Recover the value of the pawned word. Policy commitment. pic.twitter.com/cZRy179Zrj– Alberto Fernández (@alferdez) December 30, 2020
Voices against
According to La Nación de Argentina, the Argentine Episcopal Conference issued a statement expressing its displeasure at the decision made by the Senate.
“This law that has been voted will deepen even more the divisions in our country. We deeply regret the remoteness of the leadership from the sentiment of the people, which has expressed itself in various ways in favor of life throughout the world. Our Homeland “, indicates the text issued by the press office.
INTERNATIONAL DRAFTING
* With information from Efe and La Nación (Argentina)
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