Tag Archive for: Abortion Not Punishable

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Provincial justice confirms that abortion is law in Córdoba

A new judicial rejection of those who seek to take away our rights

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Today, the First Administrative Contentious Chamber of the Province of Córdoba has confirmed the constitutionality of abortion by rejecting the unfounded injunction filed against the application of Law 27610 in our province. This decision makes it clear that legal proceedings should not be used as a tool to obstruct the exercise of human rights for women and individuals with the capacity to become pregnant.

Despite the futile attacks and the displeasure of groups seeking to roll back the acquired rights over our bodies, abortion is protected by law and enjoys broad legal and social consensus.

Key points from the court ruling:

The Chamber has decided to reject the injunction with the votes of two judges, Ángel Antonio Gutiez and Gabriela Cáceres. Judge Leonardo Massimino issued a dissenting opinion.

Judge Gutiez states that the action should be rejected outright because it is merely an expression of dissatisfaction with Law 27610, rather than a challenge to local legislation or public policy that would justify the injunction. However, due to the significance of the underlying issue and its various impacts on society, he addresses the plaintiff’s arguments.

Firstly, he affirms that Law 27610 is the result of balancing fundamental rights by the legislators of the National Congress in the legitimate exercise of their powers and as representatives of the whole society. These rights encompass those of the hypothetical human being in the womb and those of women and individuals with other gender identities who have the capacity to become pregnant.

Regarding the protection of the right to life, the ruling states that, contrary to the plaintiff’s claim of absolute protection of life from conception, “in our legal system, human life, since its beginning at conception, receives varying degrees of protection that increase as the fetus grows. If born alive, that ‘child’ obtains the full range of rights that protect an individual who can live independently outside the body that hosted them throughout their life until its end.” This gradual and incremental protection of the right to life arises from the American Convention on Human Rights and the interpretation made by the Inter-American Commission on Article 4 in the “Baby Boy” case. Therefore, legislation that allows exceptional cases that restrict the broad concept of the right to life, such as Law 27610, is respectful of this treaty.

Regarding the purpose of Law 27610, the judge asks why there was a need for a law on access to voluntary termination of pregnancy. The ruling states that the reasons why a woman wishes to have an abortion can be manifold, but they are all intimately personal, and it is her sole responsibility to assess them. The ruling emphasizes that it is the woman who will have to carry the result of conception in her body for nine months, with all the risks involved, and who will have to give birth, with all the pain and risks that entails, even with the advances in modern medicine. The ruling states that in a reality where abortions occur, whether legal or illegal, Law 27610 should only be seen as a measure of healthcare; nothing more than that. The law’s sole purpose is to ensure that women who decide to have an abortion, guided solely by their conscience, can do so under appropriate healthcare conditions, allowing them to terminate the pregnancy without the risk of death or permanent sterility, among other equally undesirable outcomes.

The ruling unequivocally affirms that “the law does not encourage the killing of children; the law does not promote abortions. The only thing the law does is to permit women who decide to have an abortion to do so in an environment where their health is protected. […] What a woman seeks through abortion is to free herself from the pregnancy itself and from the care of a child that may be born. Which of these reasons or others leads her to make that momentous decision belongs to her innermost sphere, and the State cannot, in order to protect a potential person, so severely restrict a woman’s will.”

Regarding the provincial and national competencies in health matters, the plaintiff argued that the national government exceeded its powers by enacting the law, and therefore, the province should not have applied it within its territory. However, the Chamber understands that the powers over health policy are concurrent between the Nation and the province of Córdoba, and it states that “issues related to health law and public health can be regulated by federal or national laws. Asserting the opposite would be tantamount to postulating the unconstitutionality of laws on organ transplants (24,193), sexual health (25,673), patient rights (26,529), mental health (26,657), vaccination (27,491), comprehensive health care during pregnancy and early childhood (27,611), among others.”

Regarding the lack of a specific case to trigger the constitutional review, the injunction requested the declaration of unconstitutionality of the law in the province. However, the Chamber understands that there is no concrete case on which to apply constitutional review. In this regard, it states that “the Argentine system of judicial control over norms with respect to the Constitution is diffuse, meaning that any court can exercise it in the case presented for its resolution. What cannot be done, not even by the Supreme Court of Justice of the Nation, even if it issues a hundred identical judgments, is to universally repeal the application of a law enacted by the National Congress.”

Regarding the relevance of the Supreme Court precedent in the FAL case, the plaintiff requested the declaration of unconstitutionality of several articles of Law 27610, particularly focusing on Article 16. This article amends Article 86 of the Penal Code, which previously regulated abortions in exceptional cases. The Chamber notes that the Supreme Court already ruled on this issue in the FAL case in 2012, a discussion that the plaintiff seeks to reopen, and states that “all the tortuous imagination displayed by the plaintiff in imagining extreme and barbaric scenarios to try to validate his position has a response in the very Supreme Court of Justice of the Nation” which ruled on this matter in the FAL case.

Regarding the rights of women and individuals with the capacity to become pregnant, Judge Gutiez points out that the plaintiff completely disregards the rights granted to women and pregnant individuals by International Treaties, as well as the National and Provincial Constitutions. He notes that the plaintiff diminishes women as holders of their own rights, “treating them more as mere receptacles for unborn individuals.”

Finally, in concluding the ruling, the judge states that: “The era we live in our country has meant and means progress in recognizing the rights of women as such, demolishing barriers, preconceptions, stigmas, and prejudices; recognizing their unique and singular entity and identity. Among these essential rights is the simple right to choose; the right to choose whom to relate to and how; the right to choose to have or not to have children; the right to choose how far she wants to advance in her career, work, or profession, breaking any glass ceiling; the right to independently decide what to do with her body. Law No. 27,610 allows women to exercise one of these choices without interference from any other person, religious organization, or the State.”

With this ruling, the judiciary reaffirms that abortion is a right that all women and individuals with the capacity to become pregnant in the province of Córdoba can enjoy within frameworks of respect and dignity.

Therefore, today and always, we will continue raising our flags: throughout the country, abortion is legal.

Access the full ruling for more information.

 

Contact 

Mayca Balaguer, maycabalaguer@fundeps.org

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Training to guarantee careful practices of Voluntary and Legal Interruption of Pregnancy in towns of Córdoba

Together with the ECOS Foundation, during the months of October, November and December 2022 we were participating in different training and education instances where we addressed fundamental contents to carry out careful accompaniment and guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE / ILE ) from an integral and human rights perspective. These spaces were especially aimed at health personnel.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The training meetings were held in collaboration with the Aurelio Crespo de Cruz del Eje Regional Hospital, the Villa Dolores Regional Hospital, the Dr. Luis María Bellodi Regional Hospital of Mina Clavero, the Villa Carlos Paz Municipal Hospital and the Peasant Movement of Cordoba in the town of Villa de Soto. Around 180 people participated, including health authorities, health professionals, nursing staff, administrative staff, students from disciplines related to health, community health promoters and the general public.

In each meeting, training was provided on the current legal framework that regulates the legal and voluntary interruption of pregnancy, with a detailed development of Law 27,610 and Law 26,529, which regulates the rights of patients in their relationship with professionals and institutions. Of the health. The training also consisted of the development of technical content for the comprehensive approach to careful follow-up, in compliance with internationally recommended parameters to guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

Within the framework of the trainings, we present and distribute our Guide to careful practices for the care of the interruption of pregnancy. It is a document that addresses legal and health aspects based on current legislation, international standards and the recommendations of the World Health Organization (WHO).

Through these instances of training and training aimed at health personnel, we intend to collaborate with the refinement and improvement of this practice from a legal and comprehensive perspective, respectful of human rights and in line with the most current regulations on health matters. In this way, we support the training of health personnel who facilitate the exercise of the rights of women and people with the capacity to gestate, whom we consider guarantors of rights and defenders of human rights.

Authors

Luz Baretta

Mayca Balaguer

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Aborting is legal and accompanying too

A few days after the second anniversary of the enactment of the Voluntary Interruption of Pregnancy Law, a new episode of persecution of the reproductive freedom of pregnant people occurred. This time in the city of Villa María, where 4 lifeguards and a doctor were arrested.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Arbitrary raids and arrests

During the afternoon of Wednesday, December 21, two members of the Socorristas en Red organization and a health professional were arrested after a series of raids were carried out, at the request of the Public Prosecutor’s Office, for the alleged crime of illegal practice of medicine. , a crime that, according to the Penal Code of the Nation (art. 208), is releaseable. In turn, two more people had an arrest warrant but were not in the country at the time, which is why, through their lawyer, they made themselves available to justice and began to return to the country. Despite this, the prosecutor’s office issued arrest warrants for no reason, which led to their arrest at Ezeiza upon entering the country, on Christmas Eve.

By virtue of the appeal that the defense attorney presented before the Control Court, on Friday, December 23, the release of the health professional was ordered and the following Monday the other four detainees were released. Along with the request for release made by the defender, multiple civil society organizations appeared before the Court spontaneously expressing their concern for the case in a context in which access to the interruption of pregnancy is a recognized right at the national level. and especially because of the type of measures adopted in the framework of the criminal investigation, which were clearly intimidating and disproportionate.

First aid is health

Since its inception in 2012, Socorristas en Red was established as an articulation of collectives that, throughout the country, provide information and openly accompany people who decide to terminate their pregnancies, so that they do so safely and cared for, in accordance with the law and international health and human rights standards.

The practice of the socorristas consists of informing and accompanying the decisions of those who decide to abort, through listening that accommodates the needs and desires of the people who come to them. First aid supports and demands the dignity and justice of abortions, whether self-managed or in the health system. In their daily work, they produce their own materials with information on the practice, communication campaigns and dissemination of rights, and systematizations on the cases they accompany. Their work is public and visible, and its objective is to work for cultural changes that contribute to eradicating shame, fear, and stigma around abortions, so that they are a free and careful practice.

Within the framework of Law 27,610, the delivery of information and accompaniment in the pregnancy termination process carried out by lifeguards is legal and should not be penalized. So much so, that at the international level it is recognized that community accompaniment for transit through pregnancy interruptions is of great importance to improve the safety, effectiveness and individual experience of this process.

Legal abortion in the hospital and anywhere

Since the enactment of the Law on Access to Voluntary Interruption of Pregnancy and Postabortion Care in December 2020, deciding to terminate a pregnancy freely is a right of all people with the capacity to gestate. The law also recognizes the right to request and access care for this practice in the health system services. Therefore, all health personnel (including administrative and security) are responsible for guaranteeing and not obstructing the right to terminate a pregnancy, without prejudice to the fact that these practices can be carried out self-managed.

According to the Protocol for the comprehensive care of people with the right to voluntary and legal termination of pregnancy (IVE/ILE), the care model centered on people adopted by Law 27,610 recognizes the performance of pregnancy terminations with the assistance of health personnel and self-managed. Self-managed practices are considered safe by the World Health Organization (WHO) if they are carried out with adequate information and the methods indicated according to the gestational age and clinical history of the pregnant person. In this way, the preferences and individual aspirations of the users of the services are taken into account and the cultural practices and values ​​of their communities are considered.

These self-managed practices are carried out through the use of medications, such as misoprostol alone or combined with mifepristone. Widespread practice and numerous investigations have shown that performing the medication procedure on an outpatient and self-managed basis is a safe and effective option. Likewise, it is chosen by many women or other people with the capacity to gestate, because it allows them to start the interruption process at the time and place that is most comfortable for them and gives them greater peace of mind.

We do not return to hiding

Two years after the sanction of Law 27,610, which abandoned the criminal paradigm, and recognized the right of women and other people with the capacity to gestate to interrupt their pregnancies, we repudiate this judicial offensive, which is added to a series of strategies that are implemented by conservative sectors to oppose the rights won. We demand that the criminal investigation continue in accordance with the principles that govern human rights and considering the impact that this case has on access to a fundamental health service. The persecution of those who accompany abortions deepens the stigma about the practice, perpetuates stereotypes and endangers access to the right to health.

Support from civil society

On Monday, December 26, about 50 social organizations appeared before the Control Court to express their concern regarding the deprivation of liberty of the 4 lifeguards who were still detained:  Amnistía Internacional Argentina, Centro de Estudios Legales y Sociales (CELS), Centro de Estudio de Estado y Sociedad (CEDES), Católicas por el Derecho a Decidir (CDD), Equipo Latinoamericano de Justicia y Género (ELA), MxM, Fundación ECoS Espacio Córdoba Salud, Consorcio Latinoamerciano en Contra del Aborto Inseguro (CLACAI), Biblioteca Popular Julio Cortázar/ Radio Comunitaria La Quinta Pata, Fundación GEMA – Género y Masculinidad, Centro de Apoyo y Protección de los Derechos Humanos – Surkuna, Centro de Derechos Reproductivos, Movimiento Campesino de Córdoba, Consultorio de Salud Integral, Centro de Investigación y Formación de los Movimientos Sociales Latinoamericanos (CIFMSL), La Tinta, Ni Una Menos, Asociación Civil por la Igualdad y la Justicia (ACIJ), Instituto Laico de Estudios Contemporáneos (ILEC), Fundación para Estudio e Investigación de la Mujer (FEIM), Fundación Siglo 21, Fundación Mujeres en Igualdad (MEI), Fundación Derechos Humanos, Equidad y Género (Fundheg), Movimiento Socialista y del Trabajo (MST), Unión de Trabajadores de Salud, Cooperativa Luna Nueva, Cooperativa Soberanía alimentaria, Cooperativa Podemos, Cooperativa Construyendo Dignidad, Cooperativa Macollando, Asociacion Civil Construyendo Dignidad, Asociación Cordobesa de Medicina Familiar y General (A.C.O.M.F.Y.G), Comisión Provincial de la Memoria de Córdoba, Familiares de detenidos y desaparecidos por razones políticas de Córdoba, Observatorio de Género, Diversidades y Disidencias CPP, Tierra Violeta, REDAAS, Ipas Latinoamérica y el Caribe (Ipas LAC), Fundación Huésped, FUSA A.C., Colectivo de Educadorxs Desde el Sur, Lesbodramas, Colectivo de Acción Contra las Violencias de Géneros de Misiones, Adultxs Protectorxs contra el Abuso Sexual en la Infancia, Docentes por el derecho al Aborto. Misiones, Ñanduti Agrupación Feminista de El Dorado, Colectiva feministas Las Azucenas (La Plata), Consejo Asesor de la Dirección Nacional de Salud Sexual y Reproductiva. 

Authors

Luz Baretta

Mayca Balaguer

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Practices taken care of for the care of the interruption of pregnancy

Together with the ECOS Foundation, we have prepared a guide with fundamental contents to carry out comprehensive, careful and safe care for the Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

This guide is intended for people who work in the health field and are part of the care and attention processes, from receiving the consultation, direct participation in the practice and subsequent care. It is also a useful material for those who are in the process of professional training in areas related to health.

The guide contains an accessible development of the legal framework and key aspects to understand the scope of Law 27610 and other regulations to which it refers. Describes the rights of users and the responsibilities of health personnel.

Next, it proposes a comprehensive care model for the practice, so that all the people involved in it can offer a quality service that is respectful of human rights, from the consultation, during the care and after the interruption of pregnancy. It introduces the types of recommended treatments and develops the medical and administrative aspects to be taken into account when carrying out the practice. Finally, it has a series of updated references and resources for consultation.

We hope that this material will be useful and serve as a basis for all health personnel involved in the care of pregnancy interruption, from the first contact with the person who consults and to the subsequent care, to be able to carry out their work of The best way.

Contact

Mayca Balaguer – maycabalaguer@fundeps.org

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Guide: Careful practices for the care of the interruption of pregnancy

The objective of this guide is to provide health personnel with fundamental content to carry out careful follow-up and guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE/ILE). We intend to address legal aspects and based on current legislation, international standards and the recommendations of the World Health Organization (WHO). From the Foundation for the Development of Sustainable Policies (Fundeps) and the ECOS Foundation we hope that it will be useful and consultation to carry out their daily work.

Descargar Documento / Download File
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Training on the Law of Voluntary and Legal Interruption of Pregnancy in multiple sectors

From the areas of Legal Affairs and Gender and Sexual Diversity, during the last few months we have been participating in different instances of training and education on the legal framework that regulates access to the Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The different training instances were given in collaboration with the Faculty of Social Sciences, the Faculty of Medical Sciences of the National University of Córdoba, and the Príncipe de Asturias Municipal Hospital. Training was provided on the current legal framework that regulates the legal interruption and voluntary interruption of pregnancy, in particular on Law 27610, and Law 26529 on the rights of patients in their relationship with health professionals and institutions.

As a result of this, on July 7 we presented a presentation in the training “The right to voluntary and legal interruption of pregnancy” at the Príncipe de Asturias Municipal Hospital, aimed at its health team and the zonal Health Centers, Residents of General and Family Medicine, organized by the Comprehensive Sexual Health Commission of the Directorate of Primary Health Care of the Municipality of Córdoba.

We were also providing training on this topic to students in training at the Faculty of Medical Sciences, in the second class of the Optional Module “Right to legal abortion in Argentina: comprehensive approach” on August 27; and recently in the Faculty of Social Sciences under the Extension Seminar “Access to abortion from a rights perspective”, on Monday, September 5.

Through these education and training instances we intend to collaborate with the improvement and improvement of this practice from a legal and comprehensive perspective, respectful of human rights and in accordance with the most current regulations. In this way, we pay for the training of more professionals who facilitate the exercise of the rights of women and pregnant people, whom we consider to be guarantors of rights and human rights defenders.

 

Author

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Photograph taken from the newspaper La Voz Del Interior

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Challenges in the implementation of abortion: the Meeting of the National Alliance of Lawyers for the Human Rights of Women was held

On April 8 and 9, members of the National Alliance of Lawyers for the Human Rights of Women from all over the country met in Córdoba.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

More than 50 lawyers from different parts of the country met last weekend to discuss the challenges in the implementation of the Voluntary Interruption of Pregnancy Law and design legal strategies to overcome them.

Among the challenges encountered in access to the rights recognized by Law 27,610, more than a year after its sanction, the lack of knowledge about the law in the community, the geographic and economic barriers to access, the lack of of availability of health centers, the obstruction by social works and prepaid medicine companies, the obstruction derived from the abuse of the figure of conscientious objection and the improper judicialization of access to abortion. A special concern was expressed about the criminalization of the doctor Miranda Ruiz in the province of Salta, for which it was agreed to articulate strategies to support the request for her dismissal.

The meeting, led by lawyers from civil society organizations that make up the Alliance (Catholics for the Right to Decide, Fundeps, Amnesty International, CELS, ELA and Fundación MxM) allowed the exchange of local experiences and the strengthening of networks for the defense rights from a feminist perspective.

The Alliance is an intergenerational and federal space created in 2011 and made up of 300 legal professionals from 20 provinces. It is an articulation that allows the exchange between those who exercise the Law from different fields and for a more equitable and egalitarian society.

With the energies renewed thanks to the reunion, they agreed and articulated lines of action to continue demanding the effective application of the law throughout the country and online.

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Declaration of interest for criminal prosecution of a doctor who carried out an ILE in Salta

Civil society organizations Catholics for the Right to Decide Argentina (CDD), the Foundation for the Development of Sustainable Policies (Fundeps) and the Center for Legal and Social Studies (CELS) accompanied today
legal considerations in the framework of the criminal process of a doctor resident of Salta who carried out an ILE within the framework of Law 27.610 on Access to the Voluntary Interruption of Pregnancy, as part of the health team of the Juan Domingo Perón Hospital in the city of Tartagal.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The practice had been requested by a patient of legal age, in full exercise of her autonomy. When she was received at the health center, she was cared for by an interdisciplinary team, who, with the endorsement of the director of the
hospital, they found that it was the causal health and that it was duly justified. It is about the possibility of interrupting the pregnancy when the life or health of the pregnant person is at risk.

The procedures performed by the medical team are within the law and each step was recorded in the medical record. The doctor who is currently going through a criminal process is the only non-objector professional, who guarantees the right to comprehensive health for women and other people with the ability to gestate in the area.

It is essential that this case be analyzed in the light of local norms and in line with international human rights instruments. A pregnancy can be legally interrupted when any dimension of health is at risk, be it physical, mental or social health.

Likewise, particular consideration must be given to the social interest that governs this matter, as well as the impact that any judicial decision has in relation to the implementation of a public policy that provides for access to a fundamental human right such as access to Legal and Voluntary Interruption of Pregnancy.

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Supreme Court must reject litigation against abortion law

Faced with the ruling of the Federal Court of Appeals of Salta that intends to validate that “every citizen” can request the suspension of the law of voluntary interruption of pregnancy, a group of civil society organizations filed an appeal before the Supreme Court of Justice of the Nation (CSJN).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Amnesty International (AI), the Latin American Justice and Gender Team (ELA), the Women x Women Foundation (MxM), the Foundation for the Development of Sustainable Policies (Fundeps) and the Center for Legal and Social Studies (CELS) requested the highest court of Justice in the country to reject any attempt to restrict the rights of women, girls, adolescents and people with childbearing capacity.

Although the ruling of the Chamber of Salta does not affect the validity of Law 27,610, it is imperative that the CSJN accompany its own jurisprudence on the right to legally interrupt a pregnancy (FAL ruling) and the decisions that from the sanction of the law has issued the judiciary around the country, and rejects actions that seek to prevent women from exercising their right to a legal abortion.

The law of access to voluntary interruption of pregnancy meant a feminist conquest in line with international human rights law. It was approved by Congress after a broad and participatory debate.

Admitting that any citizen can act on behalf of the “unborn” against the rights of women and people with childbearing capacity is contrary to the National Constitution because it violates their right to make autonomous decisions within their private sphere and without interference by third parties, the principle of division of powers and self-restriction of the Judiciary, and the constitutional guarantee of due process.

On the facts

In December 2020, the former Salta senator María Cristina Fiore Viñuales filed a lawsuit against the Protocol for the Comprehensive Care of People with the Right to Legal Interruption of Pregnancy of 2019. She then expanded her petition requesting the unconstitutionality of Law 27.610 This action was considered inadmissible in the first instance. On August 27, the Federal Court of Appeals of Salta reversed that decision.

In addition to validating the collective representation of fetal life, the lawsuit sends out a worrying message because it reinstates a violent network against women who decide not to continue with a pregnancy. It not only calls for the suspension of the law, but also requests that measures be ordered that could involve violence against women.

Additional Information

The signatory organizations had already appeared in the cause in April of this year on behalf of the group of women and people with other gender identities with the capacity to gestate.

Link to presentation

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Salta: the doctor guaranteed the rights of the young woman to a legal interruption of pregnancy

Today they arrested a doctor at the Juan Domingo Perón Hospital, in Tartagal, in Salta, for practicing a Legal Interruption of Pregnancy. The practice was requested by a patient of legal age, in full exercise of her autonomy. To apply for the practice, he traveled more than 53 kilometers to the hospital. The 21-year-old girl was in the 22nd week of pregnancy.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

When she was received at the health center, she was cared for by an interdisciplinary team made up of a doctor, a social worker and a psychologist. He had separate interviews with each of them, who also informed the director (manager) of the hospital, who found that it was the causal health and that it was duly justified.

Article 86 of the Penal Code allows abortion until week 14 without having to give explanations about the reasons for doing so. It also allows abortion if the pregnancy to be interrupted was the product of rape or if the life or integral health of the pregnant person was at risk. The latter was the case of the young woman from Salta.

The young woman was accompanied throughout the process and was cared for by professionals who guaranteed her rights and listened to her.

From within the hospital, professionals opposed to the comprehensive health of women, seeing that they could not interrupt the process, decided to summon the young woman’s family. In this way, they violated his right to confidentiality and contravened his will.

Her relatives arrived in the middle of the procedure and the young woman had a moment of doubts, but immediately decided to continue with the procedure and expressed it. It is important to note that the complaint to the doctor was not made by the young woman, whose rights were not violated, but by a relative.

The procedures performed by the medical team are within the law and each step taken was accompanied with conviction by the hospital management and recorded in the medical record. The doctor who was arrested today in an intimidating and disciplinary scene in her workplace, is the only non-objector professional, who guarantees the right to comprehensive health for women and other people with the ability to gestate in the area. This afternoon she was released.

We believe that it is essential to respect the privacy of the young woman, as neither the objector doctors who called relatives, nor the media that fall into morbidity without real data, nor the judicial power that could have saved the staging of the disciplinary detention. It is also essential that those who put obstacles to access the rights arising from a democratic society receive the corresponding sanctions.

Guaranteeing rights is not a crime.

Firms:

  • Amnistía Internacional Argentina
  • Católicas por el Derecho a Decidir
  • CEDES
  • CELS
  • ELA
  • Fundación Huésped
  • Fundeps
  • FUSA AC
  • Mujeres x Mujeres
  • REDAAS
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Abortion is law: New judicial defeat for the anti-rights sectors

This Thursday the Superior Court of Justice of Córdoba rejected the appeals that sought to suspend Law 27,610 on Voluntary Interruption of Pregnancy in our province through a precautionary measure. In this way, it confirms that the regulations continue to be in full force throughout the province.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

With a large majority, the members emphasized the presumption of legitimacy that the law has because it is an act of public power, affirming that it is the link of a policy “in matters of public health.” In short, the Supreme Court held that the validity of a law cannot be suspended by means of a precautionary measure with general scope without damaging the principle of division of powers, as requested by the plaintiff.

In this sense, they emphasized that “the Judicial Power lacks constitutional powers” to review “in the abstract or to interfere” in the legislative policy decisions adopted by “Congress, the quintessential representative of the popular will.” They also highlighted that this law is the result of a democratic debate and has broad social support.

The legalization of abortion brought greater autonomy and freedom in our decisions. Law 27,610 makes the entire judicial and health system adapt to the rights that we managed to conquer and to which the Argentine state was bound both domestically and internationally.

We are facing a new conquest of feminisms. In alliance, we continue working so that all women and people with the ability to carry a child have legal, safe and free access to the voluntary interruption of pregnancy.

DOWNLOAD THE STATEMENT

Clínica de Litigio de Interés Público Córdoba

Católicas por el Derecho a Decidir

Fundeps

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National Cycle of Training in Legal and Voluntary Interruption of Pregnancy

Focusing mainly on students, professionals and workers in the health field, Fundeps, Ecos and Andhes launch a cycle of virtual meetings where different aspects related to the voluntary and legal interruption of pregnancy will be addressed, from a comprehensive and interdisciplinary.

Through 4 free webinars of national scope, work will be done on protocols, legal framework, safe techniques, ways of monitoring situations and other tools to take into account regarding Law 27,610.

The first meeting will be on August 27 at 6:00 p.m. It will focus on conditions and standards of application of IVE / ILE, conscientious objection and responsibility of health professionals and will have the participation of Marisa Herrera, Doctor in Law from the University of Buenos Aires, CONICET researcher and teacher .

The second meeting, to be held on September 10 at 6:00 p.m., will focus on the comprehensive approach and safe abortion techniques. It will have as exhibitors Dras. Mariana Romero and Nadya Scherbovsky. Mariana is a doctor, a researcher at CEDES / CONICET, she is a member of the Safe Abortion Access Network and technically assists health teams in the implementation of services. Nadya, for her part, is a general and family doctor, and a member of the Córdoba Integral Health Clinic, the ECOS Foundation and the Network of Health Professionals for the Right to Decide.

Then, on October 4, the third meeting will take place, and it will be attended by Luis Pedernera, a member of the United Nations Committee on the Rights of the Child. This meeting will be focused on analyzing access to the Legal and Voluntary Interruption of Pregnancy in girls and adolescents.

Finally, the last meeting on October 15 will take place with a workshop dynamic, where cases will be addressed that allow participants to analyze practical situations to be able to carry out accompaniments from a rights perspective.

Registration is free and free through this form, and you can participate in the full cycle or in each meeting separately.

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