Argentina Aborto Legal

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] In 1968, under the regime of the self-proclaimed Argentine Liberation Revolution, Legislative Decree No. 17.567 entered into force, which established non-criminalization when the danger to women`s life or health is serious; or in any case rape, provided that it has been tried by a court, and with the consent of a legal representative, if the woman was a minor, idiot or mentally ill. In 1973, within the framework of democracy, these amendments were annulled by the adoption of Law No. 20.509. Protocol for the comprehensive care of persons entitled to a voluntary and legal termination of pregnancy. Updated 2021. In cases of rape or immoral bodily harm, the 2007 Guide stipulated that a police or judicial complaint must be filed. Since the publication of the guide in 2010, it is enough to file an affidavit if there is no complaint. It also stipulates that any imposition of additional requirements will be considered a violation of women`s right to access abortion in legally permitted cases. In 1970, the Argentine Feminist Union (UFA) was founded under the leadership of María Luisa Bemberg.

As early as 1972, UFA publicly asserted that abortion was a women`s right, in an interview with the magazine Clarín that was never published due to the influence of the position. [19] The text, which was published on the 30th. Approved by the Senate, Argentine women are allowed to have an abortion legally, freely and free of charge until week 14. In Argentina, abortion was regulated by a 1921 law that allowed abortion only in cases of rape or danger to the mother`s life. Young representatives from various political sources such as Socialist Youth, Radical Youth, Pro Youth, La Cámpora, Purple Strip, MNR, Libres del Sur, PTP Youth, Nuevo Encuentro and UES Secondaries have signed a petition in support of legal, safe and free abortion. The United Nations Human Rights Committee conducted a review of Argentina in March 2010, in which, in paragraph 13, it “expressed concern about the restrictive legislation on abortion set out in article 86 of the Penal Code, as well as the contradictory interpretation by the courts of the grounds of non-criminalization contained in this article. (Articles 3 and 6 of the Covenant) ” and recommends that “the State party amend its legislation so that it effectively assists women in avoiding unwanted pregnancies and does not have to resort to clandestine abortions that could endanger their lives. The State should also take measures to train judges and health workers within the framework of article 86 of the Penal Code. [74] 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 indicated that this association is not part of their creed. [209] At abortion hearings held in 2018, they demonstrated in favor of legalizing abortion The Network for the Rights of Persons with Disabilities (REDI) as a human rights and disability organization expresses its support for the right of every woman to decide on the voluntary termination of her pregnancy. Similarly, he clarified with regard to paragraph 3 of article 3 of the bill discussed in 2018, which “provides that any woman may terminate her pregnancy beyond the period specified in article 1, that is, the 14th week of pregnancy”, with the paragraph “if there are serious fetal malformations”, that “the wording of the article provides vague terms – “malformation”.

serious” – and its application could lead to abortion for eugenic, discriminatory reasons and in contradiction with the Convention on the Rights of Persons with Disabilities” They proposed to replace the paragraph with the following: “If there are foetal malformations incompatible with life”. [236] and welcomed half of the sanction of the law decriminalizing abortions. [237] Law No. 27.610 of 30. December 2020 establishes that induced abortion is legal and free, in cases approved since 1921 (therapeutic abortion and in cases of rape) or in all other cases where the pregnancy does not exceed the fourteenth week. The law entered into force throughout the national territory on January 24, 2021, following the announcement of the President of the Nation, Alberto Fernández. Argentina`s Law on Voluntary Termination of Pregnancy (IVE) No. 27.610 was approved by the National Congress on December 30, 2020 and promulgated on January 14, 2021. [69] Establishes the right to abortion in all cases up to and including the fourteenth week and preserves the validity of the right to abortion in cases of rape and danger to the life or health of the mother without time limit. That is the law. In Argentina, women who decide to terminate their pregnancies can do so legally, safely and free of charge in the health system.

Early Wednesday©, the Senate approved the legalization of abortion by week 14 with 38 votes in favor, 29 against and one abstention. She buried the law in force since 1921, which she considered a crime, except in cases of rape or risk to the life of the mother. In the streets, the feminist green tide burst with joy. “We conquered it.” It`s the law! ” appeared on all the giant screens installed on the green side of the square in front of the Congress. With applause, tears and long hugs, the crowd celebrated the outcome of a long struggle. In 1886, the first Argentine Penal Code was promulgated. It included, for the first time, the crime of abortion, which gave it a different and significantly attenuated treatment from the crime of murder, especially if it was committed with the consent of the pregnant woman. Penalties for voluntary abortion were one to three years in prison for the pregnant woman, but were mitigated by a sentence of one to two years if she had had an abortion to “hide the shame”; and one to two years in prison, for all those who did so.

Abortion against the will of the pregnant woman is punishable by imprisonment for three to six years if performed by force, and imprisonment for two to three years if it is without violence. [13] [14] In July 2006, the Ministry of Justice, Security and Human Rights published a proposal to reform the national penal code, which stipulated that “women cannot be punished if abortion is performed with their consent and within three months of conception, provided that the circumstances make it excusable.” .

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