Tag Archive for: Sexual and Reproductive Rights

After the plenary meeting of the General Legislation, Criminal Legislation, Social Action and Public Health, and Women and Diversity commissions, an agreement was finally reached on the bill for the Voluntary Interruption of Pregnancy that will be voted on tomorrow at the venue. of the Chamber of Deputies. What modifications does it have with respect to the project that the Executive Power had presented in November? What can we expect from today’s session? We tell you here.

“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”.

As planned in the legislative agenda, this Wednesday, December 9, the committee meeting was held to rule on the IVE bill. With 77 votes in favor, 30 rejection and 4 abstentions, an agreement was reached on the text of the project. The same thing had happened hours before in the plenary session of the Budget and Social Action and Public Health committees, which had discussed the First 1000 Days bill. Both projects will be discussed at the venue this Thursday, December 10.

What is the agenda for the day?

The call for the session was set at 11 in the morning, and the order of treatment of the projects will be first that of IVE and then that of Attention and comprehensive health care during pregnancy and early childhood, known as the program of the First 1000 days.

Throughout the day, the Campaign for Legal, Safe and Free Abortion called to accompany the vote in public spaces throughout the country. In Buenos Aires, the vigil will begin at 10 am in the vicinity of Congress, with activities throughout the day and until the law is voted. In Córdoba, the call is in the former Plaza Vélez Sarsfield from 6:00 p.m. As the right to abortion is a matter of public health, and taking care of ourselves as well, we reinforce the recommendations to participate in the vigil:

  • We wear a nose mask at all times.
  • We wash our hands with alcohol gel.
  • We keep the distance of 2 meters.
  • We take care of the sun with sunscreen, light clothing and a hat.
  • We bring fresh water to stay hydrated.
  • We do not respond to anti-rights provocations and we try to always be accompanied and attentive.

As the two bills will be discussed, the session is expected to last several hours. On IVE, a total of 170 deputies would speak, so the vote on the law would be in the early morning hours.

What does the opinion say? What modifications do you propose?
A few weeks ago we published this analysis with a systematization of the bills that would serve as the basis for this debate: the one presented by the Executive Power in November and the one presented by the Campaign in 2019, contrasting with the opinion approved by the Chamber of Deputies in 2018.

Yesterday a new opinion was approved, which foresees some modifications in the project presented by the Executive Power. What are they about?

In Art. 8, which regulates cases where the person requiring the practice is a minor, now a reference is made directly to art. 26 of the CCyC. Before the amendment, it was specified that those between 13 and 16 years of age have sufficient aptitude and maturity to decide on the practice and give due consent, unless a procedure that involves a serious risk to their health or life must be used. The reference to the applicable legal framework for these cases is maintained, as proposed by the Convention on the Rights of the Child and Law No. 26.061 on the Comprehensive Protection of Boys, Girls and Adolescents, which always provides that their best interests are protected and their rights guaranteed. to be heard.

On the other hand, the new Art. 11 is added, which indicates:

CONSCIOUS OBJECTION. OBLIGATIONS OF HEALTH ESTABLISHMENTS. Those health effectors of the Private Subsector or Social Security that do not have professionals to carry out the interruption of pregnancy due to the exercise of the right to conscientious objection in accordance with the previous article, must foresee and order the referral to an effector actually perform the service and that it is of similar characteristics to the person requesting the benefit consulted. In all cases, the practice must be guaranteed in accordance with the provisions of this law. The procedures and costs associated with the referral and the transfer of the patient will be the responsibility of the effector who performs the referral. All referrals contemplated in this article must be billed according to the coverage in favor of the effector performing the practice.

This new article provides a solution for the cases of private health or social security institutions where there is no non-objector professional, indicating that they must arrange the referral to another institution that does carry out the practice, guaranteeing that it is done in accordance with the law , and taking charge of all the procedures and costs associated with the referral and transfer.

At the same time, the wording of Article 10 is maintained, which recognizes the right to conscientious objection, with some limitations, such as that whoever objects must uphold their decision in all areas, public and private, in which they exercise their profession; She must also refer the patient in good faith to be attended by another professional in a temporary and timely manner, without delay; You must adopt all the necessary measures to guarantee access to the practice and finally you must comply with the rest of your professional duties and legal obligations.

It is also prohibited for cases in which the life or health of the pregnant person is in danger and requires immediate and urgent attention, and for cases that require post-abortion health care. This article also provides that non-compliance may give rise to disciplinary, administrative, criminal and civil sanctions, as appropriate.

However, this wording does not contemplate limitations that did arise in the opinion of the Deputies of 2018, such as that the objection had to be previously expressed individually and in writing, and communicated to the highest authority of the health establishment.

Another important point of that opinion is that it obliged the health establishments to keep a record of the professional objectors, having to inform the health authority of their jurisdiction, and explicitly prohibited institutional conscientious objection and / or ideology.

What does the inclusion of articles that admit the assumption of individual conscientious objection, and assumptions of institutions where there is no non-objector professional, mean?

We know that conscientious objection is a legal institute used to obstruct or delay access to sexual and (non) reproductive health services, as we have seen in cases of contraception and legal interruption of pregnancy. Recognizing it within the law, with the legal status of “right”, does nothing other than enable non-compliance with the law itself, seriously jeopardizing its effectiveness.

Conscientious objection is a legal institute that allows certain persons to be exempted from complying with a legal obligation, in cases where the action ordered by the norms contradicts their deepest religious, ethical or moral convictions; provided that this does not cause harm to third parties.

We understand that the incorporation of individual conscientious objection for direct intervention in the practice of IVE is based on respect for this freedom of conscience or religion, as long as it is exceptionally allowed and with all the limits mentioned. But recognizing the claim of private institutions to exempt themselves from the provision of pregnancy termination services is unthinkable. We fear that this may happen in the event that all the health professionals of an institution declare themselves as objectors. Even if it is not the institution that denies the service, if all its professionals are objectors, it becomes a disguised institutional conscientious objection.

A solution of this type violates the freedom and right to health of patients, and increases costs and problems for the public health system, which will be burdened by having to resolve the situations that the private subsystem derives. We are also concerned that as a consequence of this recognition, the situation in Uruguay will be repeated, where high levels of objection are identified, and there are even jurisdictions with 100% professional objectors. This exacerbates the difficulties that affect rural areas or areas far from large cities, where access to health services is more limited and there are fewer public institutions.

The private institutions that provide health services perform essential public functions: the provision of health services to the population. The fact that these functions are carried out for profit and through a private contract does not detract from the nature of the service. Therefore, the social function that these private companies fulfill is different from that of others that are not committed to guaranteeing people’s fundamental rights. In this sense, the social and legal requirement that is made to companies or entities that provide health services is much greater. Not only should they guarantee non-discrimination in access to services, but they are also subject to greater control and surveillance by the State.

In this sense, admitting that an entire institution can be exempted from the provision of IVE services is unjustified and would disproportionately put at risk the access to health of the people associated with them.

In any case, the opinion obliges these establishments to guarantee the referral, in a place with similar characteristics to the one that the person requesting the benefit consulted, where the practice must be guaranteed in accordance with the law. Then it indicates that the procedures and costs associated with the referral and transfer will be the responsibility of the institution that referred, providing that it will always be invoiced in favor of the effector who actually performs the practice.

It will be law

Despite these controversial points, we welcome the approval of the majority opinion and await treatment in both Houses before the end of the year. We recognize that reaching this instance was the result of the struggles of the human rights movement that has been promoting this law for so many years.

The National Congress now has the duty to give the legislative discussion with responsibility that a public health problem of this magnitude deserves, in this new opportunity to enact the law and mark progress in the protection of the rights of women and individuals. pregnant women in our country.

We hope that those who legislate put aside their personal convictions and private morals when tackling this project. They are legislating on our future, on our health and on our lives. We demand that you do so responsibly, supporting this bill with your positive vote, because it is a bill that expands rights and saves lives.

This afternoon, we go for the half penalty. And before the end of 2020, for the conquest of the right to legal, safe and free abortion.

The discussion will begin in the Chamber of Deputies, with informational meetings of the committees throughout the week. After the long weekend the voting would come in the enclosure. It will be discussed on the basis of the bill sent by the Executive Power two weeks ago, and the bill presented by the National Campaign for Safe and Free Legal Abortion in 2019. What does each bill say?

“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 Tuesday, December 1, the plenary of the Criminal Legislation, General Legislation, Women and Diversities and Health commissions will receive members of the Executive Power (from the Health, Social and Legal and Technical Development portfolio). Then there will be presentations by scientists, sanitarians, health professionals and jurists for and against the law, with the expectation of reaching an opinion next Friday.

After having announced it at the opening of the legislative sessions, on March 1, the Executive Power finally sent the bill for the Voluntary Interruption of Pregnancy to the National Congress. It did so together with the bill that establishes the so-called “Thousand Days Plan”, which proposes State assistance to pregnant women in vulnerable situations during pregnancy and up to the first three years of the child’s life.

In this way, the debate on the legalization of abortion was once again enabled, one of the main points on the human rights agenda of our country since its discussion in Congress in 2018, which culminated in August with the rejection in the Senate. The Campaign for Legal, Safe and Free Abortion had presented its project in May 2019, which still has parliamentary status, so it is expected that during the debate in commissions both will be taken into consideration.

In this document we present a comparative analysis of both projects, contrasting them with the opinion that had been approved by the Chamber of Deputies in 2018. We consider that the National Congress has the duty to give the legislative discussion with the lessons learned at that time , and taking both projects as input.

Congress will again have the opportunity to enact a law that consolidates long-delayed human rights, respecting the international standards that regulate this matter to which the Argentine State is bound, marking an advance in the protection of the rights of women and pregnant persons in our country.

A law that guarantees the Voluntary Interruption of Pregnancy will allow us to advance in the construction of a more just, egalitarian and respectful of human rights society.

Contact

 

Mayca Balaguer, maycabalaguer@fundeps.org

This document proposes a comparative analysis between the bill of Interruption Pregnancy Volunteer who was treated in the Chamber of Deputies in 2018 and obtained average sanction; the bill of the National Campaign for Legal, Safe and Free Abortion presented in 2019 in Congress and the project presented by the Executive Power in November 2020.

On November 24, we met with members of the Córdoba delegation of the National Institute against Discrimination, Xenophobia and Racism to discuss the acts of discrimination perpetuated in the schools of the Fasta educational network.

“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”

After sending them the complaint presented in October to the Ministry of Education for the situations of violence and discrimination experienced by members of the educational communities of the Fasta network, the Cordovan delegation of INADI granted us a hearing to discuss the cases of discrimination reported .

The institution promised to get involved with the complaint, requesting information from the Ministry of Health. In addition, it assumed the commitment to continue articulating with civil society organizations, anticipating new instances of encounter and dialogue.

More information

Contact

As a result of the testimonies of former members of schools of the FASTA educational network, numerous cases of gender violence, discrimination, non-compliance with the compulsory curriculum and abuse of authority came to light. We demand that the province’s Ministry of Education stop these practices that violate human rights and act accordingly.

This Monday, accompanying graduates of the schools of the FASTA educational network (Fraternidad de Agrupaciones Santo Tomás de Aquino), we filed a complaint with the Ministry of Education of the province of Córdoba, in order to inform you of certain situations and practices contrary to the law occurred in said educational centers.

Through the testimonies of former students, former students and other members of the community, he became aware of the discrimination and violence that had occurred and would occur in the classrooms of said schools. The testimonies cover situations of gender violence, homo-hatred, discrimination, abuse of authority and denial and defense of the last Argentine military dictatorship.

The study material that is provided to the students was also denounced for being fallacious, discriminatory, violent and violating different laws, such as Comprehensive Sex Education, Discriminatory Acts, Sexual Health and Responsible Procreation, and Identity of Gender, among other protective regulations for human rights and for children and adolescents.

The complaint was signed by more than 30 graduates of the Fasta schools, and different civil society organizations, political parties, public figures and human rights activists joined.

We demand that the Ministry take the necessary measures to deter human rights violations committed by the schools of the FASTA network and any other establishment linked to it, and that it take an active role so that the contents and materials of study are adapted to the provisions of our laws, in matters of education. We also request that the creation of a Provincial Commission for the Implementation of CSE be established with the purpose of collecting and systematizing information that allows monitoring at the provincial level compliance with Law No. 26,150 on Comprehensive Sexual Education.

More information

Authors

  • Sofia Armando
  • Sofia Mongi

Contact

This is the case of “María Magdalena”, a woman who came to the guard of a hospital with an abortion in progress and suffered torture, inhuman treatment and obstetric violence when she was treated, and later was unable to access justice in the province of Tucumán.

In 2012, María Magdalena (name used to preserve her anonymity) arrived at the Nuestra Señora de las Mercedes Maternity guard with a miscarriage in progress. The gynecologists who treated her, Claudia Callejas and Alejandra Bereguer, performed a curettage without anesthesia and later reported her to the police, accusing her of having caused the abortion.

María Magdalena was dismissed in 2015 and has been trying to get justice ever since. She denounced these doctors for gender violence and violation of professional secrecy, but in all the judicial instances of Tucumán they refused to investigate, and they filed the case.

The case reached the Supreme Court of Justice of the Nation and in February of this year it was resolved that the Judicial Power of Tucumán should investigate the medical actions of the gynecologists and rule on the denounced facts, since these signify a flagrant violation of the Women rights.

From Fundeps, we present an Amicus Curiae presenting a series of arguments to substantiate the human rights violations suffered by María Magdalena, and thus demand that justice be done. Among them, we highlight the right to a life free of violence in the framework of health care, compliance with the medical obligations of health professionals (derived from the Law on the Rights of the Patient in their Relationship with Professionals and Health Institutions) and the right to access justice.

We demand that the Judicial Power of Tucumán comply with its duty to guarantee women the full enjoyment of their rights and that it punish those who attempt against them, doing justice for María Magdalena and all women who see obstacles hindering access to essential services under conditions. safe and affordable.

Author

Sofia Armando

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

In a live Instagram, we play and reflect together with Activating Rights on issues related to Comprehensive Sexual Education, such as gender stereotypes, micro-chauvinism, relationships, ties, consent, among others.

“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”.

Last Thursday, September 10, we carried out an activity on Instagram together with the “Activating rights” team for Sexual and (non) Reproductive Rights, in order to learn about their activities and share different experiences on the implementation of Law 26,150 on Education Integral Sexual in educational institutions, in a fun and psychopedagogical way.

From the current context generated by the pandemic, new ways of teaching-learning are proposed through virtuality. These new ways challenge not only teachers and students, but also families. It is at this new juncture that ESI is problematized and thought as part of the curriculum and as essential as the right of children and adolescents. However, its implementation today continues to be hampered within many institutions.

“Chomaso that they speak for you”

The meeting took place on InstagramLive and was carried out with a game -tutti frutti- based on topics of interest that emerged from a survey that we had distributed among young people. The categories we played with were: insults based on sexual orientation or gender identity; forms or types of sex-affective relationships; strategies to reject someone who insists on looking for you; things that should not happen in a sex-affective bond and LGBTTTIQ + cultural consumption. These sections gave rise to the conversation among those who broadcast the live, who while receiving the responses from the public developed a brief analysis of each proposed word.

After going through several letters, from Activating Rights they shared some reflections on their work and the experiences within the workshops that they carry out in schools together with children and adolescents. The team works with young people in different educational institutions from a rights perspective and with a gender perspective, generating collective and non-adultcentric spaces, where they can express what they think and feel, developing in an environment of informality and trust.

The importance of articulating

These learning and exchange spaces are enriching and collaborate with the promotion and implementation of a fundamental right for young people, giving place to the protagonists to appropriate them and be an active component of their own learning.

More information

To learn more about Activating Rights, follow their networks: Facebook  – Instagram

Authors

Josefina Gelid

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

On Friday, August 21, the first virtual discussion on Legal Interruption of Pregnancy, Pandemic and Telemedicine was held together with the Network of Health Professionals for the Right to Decide. This meeting aimed to review the current regulations, socialize the different challenges that arise when implementing the ILE during the pandemic, the limitations that health professionals face and the advantages of Telemedicine.

“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”.

In the current context of the pandemic, the WHO has ruled that different health practices are “essential services”, such as systematic vaccination, treatment of chronic diseases, and sexual, reproductive and non-reproductive health services, among which includes care during pregnancy, childbirth and the Legal Termination of Pregnancy. The national health authorities and various specialized health institutions did the same. However, the lack of information and measures by the competent authorities, together with the absence of a clear legal framework, make it difficult for health professionals to be able to effectively comply with ILE practices, and for pregnant people to exercise rights that, in the current health situation, require special attention in order to avoid their subjugation.

In the meeting, in which a total of 40 health professionals participated, they spoke about the legal framework under which the practice of Telemedicine is governed in Córdoba and Argentina in general, in the particular context of the pandemic and independent of it, practical examples and parallels with international regulations were given. The instance also served to share different experiences experienced by professionals, who highlighted the importance and need of spaces for the exchange of tools, information and updating of regulatory knowledge for the exercise of practices in a safe way, both for patients and professionals of the intervening health.

Presentation of the booklet “Aborting with rights during the pandemic: Legal Interruption of Pregnancy as an essential service”

Fundeps presented at the meeting a document that develops the technical and legal aspects that must be considered when guaranteeing the Legal Interruption of Pregnancy during the crisis generated by the coronavirus, with references to protocols and recommendations prepared by the World Health Organization and other health institutions. It also contains a section on the use of telecare to attend to these practices, considering the modifications recently promoted by the pandemic. The document is a synthesis of the updated information for the attention of the ILE, following the principles of risk reduction and resource optimization.

Knowledge exchange as a fundamental tool

We celebrate these instances of training and exchange with different actors involved in the realization of human rights, as in this case, health professionals. Meetings like this are essential for these health practices to be carried out without risk or fear and in a complete, informed and safe way.

Authors

Irene Aguirre

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

The following primer develops the technical and legal aspects that must be considered when guaranteeing the Legal Interruption of Pregnancy during the crisis generated by the coronavirus, with references to protocols and recommendations drawn up by the World Health Organization and other health institutions. It also contains a section on the use of telemedicine to attend to these practices.

During the month of March, we carried out two trainings for important social actors: health professionals and the public administration of the Province of 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”.

Gender at work: the gaps we inhabit and don’t see

On Thursday, March 12, we trained the personnel of the Property Registry of Córdoba, on gender and work. It had the objective of identifying the gender inequalities that exist in the formal and informal labor market, and in the paid as well as in the unpaid, to begin to reflect on the possible ways to combat them.

In a room made up mostly of women, the presence of a few men was significant and valuable in the sense of being a clear proof of the cultural change that is taking place in our society.

With comments, data contributions and questions, the people who participated in the training showed their amazement at the gender inequalities that exist in the different work environments and their interest in thinking about new strategies and lines of action to advance in gender equality. in these spaces.

Conscientious objection: the Trojan horse in the Voluntary Termination of Pregnancy laws

On Friday, March 13, we carried out a training aimed at the Network of Health Professionals for the Right to Decide. The objective was to learn about the uses and abuses of conscientious objection in the health field, and fundamentally, in sexual, reproductive and non-reproductive health services.

Conscientious objection is a legal institute that allows exemption from a certain obligation when it contradicts a person’s moral, ethical or religious convictions. However, it is often used in an abusive way, and it becomes an obstacle when it comes to guaranteeing fundamental rights, such as access to termination of pregnancy in cases where it is legal.

In a scenario in which the discussion on the law of Voluntary Termination of Pregnancy is looming, it is important to know the fundamentals behind this type of institutions, and the experiences existing so far in its practice and regulation.

Training as a guarantee of human rights

We celebrate these instances of training aimed at State agents, accompanying and legitimizing the provisions of the Micaela Law.

We understand that the gender training of these actors is essential to guarantee the rights of all people, and translates achievements achieved after years of struggles by social movements, women and LGBTIQ + people.

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

Following the opportunity represented by the change of management at the municipal level, we want to express ourselves on key issues for the future of our city. Therefore, we jointly address other Cordoba organizations to the new Mayor of Córdoba, Martín Llaryora, with the aim of making recommendations regarding structural problems that cause serious damage to human 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”.

Within the framework of the assumption of the new municipal management, there are unattended situations for years that need an urgent response. Through an open letter, we announce in ten points what these problems are and we make ourselves available to the new cabinet to work in an articulated way.

The ten points are summarized in:

  1. Environmental and health emergency in the Chacras de la Merced neighborhood
  2. Solid Urban Waste
  3. Urban Planning and Development
  4. Gender parity in the cabinet
  5. Trans labor inclusion and quota law
  6. Access to Legal Disruption of Pregnancy in Primary Care Centers
  7. Application of the Micaela law
  8. Access to public information
  9. Healthy school environments
  10. Smoke-free environments and protection of the non-smoker

These are 10 points, which are not exhaustive or exclusive of other problems, but require an urgent response because of the critical situations they represent. We hope that in the next 4 years we can articulate a joint work to continue advancing in the fulfillment of the human rights of the Cordoba community.

Access the full letter

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

With the assumption of the new president Alberto Fernández on December 10, and after recovering his category of Ministry the health area, the third update of the National Protocol for the comprehensive care of people entitled to health was published in the Official Gazette legal termination of pregnancy. Update that a little less than a month ago was vetoed by former President Mauricio Macri, after his own Secretary of Health Adolfo Rubinstein gave him momentum.

“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”.

After the comings and goings of the previous government regarding the publication and after the repeal of the update of said Protocol, the current Minister of Health Ginés González García, a day after taking office, held a press conference at Casa Rosada in which announced that the update of the Protocol would be published in the next few hours. So it was.

Through Resolution No. 1/2019 published on December 13, what González González García had already anticipated was reflected: this protocol is an imperative of the national health policy on sexual and reproductive health.

It is nothing more than a procedural guide to guarantee the rights already stipulated by law. It also provides support to professionals who must comply with it, due to the intimidation suffered in recent times by anti-rights groups.

The update of the Protocol has few variants with respect to the previous one, resolved by Secretary Adolfo Rubinstein. One of the most relevant is the flexibility regarding conscientious objection to ensure that it does not prevent the legal interruption of pregnancy. On this issue, González García said, “we are respectful of conscientious objection, but it cannot be an institutional cut so that the law is not fulfilled.”

It is important to highlight this issue, due to what happened this year in the Province of Tucumán with the Lucia case, in which health officials hindered the realization of the ILE, waiting at 7 months of gestation to perform a caesarean section against The will of the girl. All kinds of pressure was exerted against her and her family, in addition to the violation of her rights.

In this regard, the Minister also spoke, trusting the accession of the Provinces to the Protocol so that, in this way, the rights of those who can and wish to access an ILE, and professionals who have the duty to comply with the law.

It is important to highlight that the first Protocol was prepared in 2007 during the first administration of the current Minister, and then it was updated in 2010 and 2015, when the provisions made by the Supreme Court were incorporated in the FAL Judgment of 2012 .

On this occasion and in line with the recently repealed Protocol, the update was carried out in accordance with the new Civil and Commercial Code sanctioned in 2015, and with the latest recommendations made in this regard by the World Health Organization (WHO).

One of the relevant issues in this regard is that according to the Argentine Civil and Commercial Code, a pregnant person from 16 years of age is considered an adult. Therefore, your informed consent is sufficient when requesting the application of an ILE.

Main topics

Due to the short time elapsed between the update of the Protocol by Secretary Rubinstein and the current one, the central points continue to be basically the same, as explained by Fundeps before.

It is important to continue emphasizing that the Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when their life or health is in danger, or they are taking a pregnancy product of a violation, regardless of whether it is a person with or without a disability ”.

Therefore, its main points are:

  • Reaffirms the ILE as the right of women and pregnant people.
  • The consent is adapted to the new Civil and Commercial Code, respecting the progressive autonomy of children and adolescents and people with disabilities and capacity constraints.
  • According to the CCyC of the Nation, from the age of 16 the pregnant person is considered adult.
  • Between 13 and 16, you can autonomously request an ILE when it does not involve a serious risk to your health or life.
  • It recognizes the possibility of conscientious objection, but states that it cannot be an obstacle to access to the ILE.
  • It guarantees the speed. The deadline between the request of the ILE and its completion must not exceed 10 calendar days. If a doctor is a conscientious objector, he must refer one who is in less than 24 hours.
  • It gives security to health workers to carry out the practice.

The situation in the provinces

On this issue, the new Minister was also issued by saying that “in a federal country, much depends on the adhesion of the provinces. There are already many that are attached, but unfortunately some large provinces, such as Buenos Aires for example, did not approve the protocol. ”

Recall that in 2012, the FAL ruling urged the national State and the provinces to provide the necessary conditions to carry out legal interruptions of pregnancies quickly, easily and safely.

Until today, still 7 provinces unfortunately did not have their own regulations or adhere to the protocol of the Nation. Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Catamarca and Formosa, were part of this number.

The good news is that after the announcement of the Ministry of Health of the Nation, the Undersecretariat of Human Development of the province of Formosa, declared in a local environment that the province adheres to the Protocol since 2015 “always preserving the victim, point by which the adhesion in the province was not announced ”.

Beyond the reading that can be made of this statement, the important thing is that finally one more province pronounced itself publicly regarding its adherence.

The words of the Minister stating that “we do not believe that it is easy or that the protocol itself changes history, but we are willing to change history far beyond the protocol”, is a halo of hope that brings this new government, in The fact that the advancement of recognition of rights, the decriminalization of abortion and the legalization of voluntary termination of pregnancy no longer seem as distant or difficult to achieve, and we hope that they will soon be a reality.

Author

Valentina Montero

Contact

Mayca Balaguer, maycabalaguer@fundeps.org