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After the Argentine Chamber of Deputies, the Senate also approved a bill that legalizes the voluntary interruption of pregnancy, which was previously only allowed in the country in case of rape or if the woman’s health was in danger. The law was finally approved by the Senate with 38 votes in favor, 29 against and 1 abstention.
In 2018 the law was approved in the Chamber but, on second reading in the Senate, no. This time the bill was finally approved thanks to the introduction of some changes to the original text, the inclusion of conscientious objection (a point highly criticized by feminist movements) and the explicit support of the ruling party.
The new bill on voluntary interruption of pregnancy (IVE) was presented in mid-November by the government of President Alberto Fernández and was accompanied by another bill on health and care for women. that you chose to continue the pregnancy instead. The “1000 days project”, as it was called, “strengthens the comprehensive care of women during pregnancy and of their children during the first years of life,” said Fernández.
The National Campaign for the Right to Legal, Safe and Free Abortion, a movement born 15 years ago to fight together with feminist groups for the decriminalization and legalization of abortion – and whose symbol is the green scarves (handkerchiefs) – had embraced the bill, judging it as the result of decades of feminist struggles and mobilizations.
Over the years, Campaña had presented eight bills to the Argentine Congress, all of which were rejected: both its previous initiatives and that of the government provided for the legalization, decriminalization and recognition of the right to legal, safe and free abortion until the 14 weeks of gestation. . The Campaign proposals, as well as in the bill that has been approved, include abortion in the Compulsory Medical Program (PMO), so that as a basic, essential and free medical service, they affect those who hinder or deny access to abortion and also deal with sex education.
What distinguishes the proposals of the feminist movement from that of the government that became law after the approval of the Senate is the time that can pass from the request to access to the service: 5 days in the Campaign bill and 10 in the now approved. . The approved law also provides for the penalization of women and those who perform an abortion beyond 14 weeks if they are not within the exceptions provided. But the substantial difference is the possibility of conscientious objection. The movements have clearly stated that the objection is “a door to non-compliance with the law and an obstacle to access, as is currently the case (…) in countries where abortion is permitted by law, generating delays, mistreatment, morbidity , maternal mortality and transfer of the workload to those who guarantee the right working with conscience.
– Read also: Conscientious objection is not an objection
Conscientious objection was included in the text during committee review along with other changes to facilitate passage of the bill, even with this downward commitment, in the Senate: the possibility of individual conscientious objection is provided for, but in fact also of structure and this will allow that the private hospitals, often religious, do not respect the law. However, there will be an obligation to guarantee the service by transferring to an available public facility, assuming the procedures and costs associated with the transfer. The other change has to do with the accompaniment and protection of the privacy of girls and adolescents between 13 and 16 years old who, after a rape, want to have an abortion.
In the weeks prior to its approval in the Chamber, there had been several protests against the right to abortion that had had the support of the local Episcopal Conference, which had explained that “for the first time, in Argentina and in a democracy, it was possible to He will enact a law that includes the death of one person to save another. ”At the end of November the Pope also intervened directly on the issue with a letter in which he thanked the“ women of the villages ”, a network of anti-abortion women. He encouraged them to “continue” by saying that “the country is proud to have such women,” and urged everyone to ask themselves two questions: “To solve a problem, is it right to eliminate a human life? And is it right to hire a murderer ? “
In Argentina, before the approval of the new law, a pregnancy could only be terminated voluntarily if it was due to rape or if it endangered the woman’s life. The ILE, Legal Interruption of Pregnancy, was introduced in 2015 and took up the guidelines established by a 2012 Supreme Court ruling on abortion for rape (a ruling known as “FAL”): it stipulated that raped women could terminate a pregnancy. without judicial authorization and without being prosecuted. Despite this, in many regions of the country the law was either not enforced or impeded in every way. Women who resorted to clandestine abortions, then, risked sentencing and prison (a recently released report says at least 852 court cases have been filed against women who have abortions since 2019).
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