As a result of this decision, several protocols have been established for the performance of non-punishable abortions, listing the reasons why this type of abortion can be performed and the requirements that may be required of the pregnant person. But the inclusion of protocols was inconsistent across provinces. «No one else should have a clandestine abortion, never again» This Thursday, January 14 marks an important milestone in the feminist struggle in Latin America. In the afternoon, Argentine President Alberto Fernández promulgated Law 27,610 for legal abortion at Casa Rosada, the seat of executive power. The regulation then entered into force. Induced abortion is a crime if it is caused after the fourteenth week, except in cases of rape, therapeutic abortion or circumstances that make the behavior excusable; in this case, the penalty is three months to one year`s imprisonment (art. 88 SCC). He stresses that health should be interpreted as «the complete state of physical, mental and social well-being, not just the absence of disease,» as defined by the WHO. Health experts stressed in a statement: «Maternal mortality is a significant health problem in Argentina.» [5] With the approval of the law, only its publication in the Official Gazette remains.
This historic decision brings Argentina into the world of more than 50 countries that have abandoned clandestine abortion. Discussing the Civil and Commercial Code, members of trotskyist parties argued that Article 19 implicitly prohibited abortion. [46] On the contrary, Marisa Herrera, a doctor of law and researcher at CONICET who participated in the drafting of the country`s Civil and Commercial Code, argued that abortion was compatible with the wording of Article 19 of the CCyC. [47] [48] On December 30, 2020, the National Congress passed the Voluntary Termination of Pregnancy Act, which allows abortion. The Penal Code of 1921 was sanctioned during the first democratic government of Argentina (secret and compulsory election for men) under the leadership of radical President Hipólito Yrigoyen and drafted by a commission composed of socialist Enrique del Valle Iberlucea, conservative Pedro Garro and progressive democrat Joaquín V. González. The Commission stated that, in the field of abortion, it relied on the text of the Swiss preliminary draft of 1916 and clarified that the non-criminalization of abortion in the event of an attack on the modesty of women with intellectual disabilities had a eugenic purpose, and quoted Luis Jiménez de Asúa: The guide in its 2010 version updated in 2015 with a fifth section, In 2001, the Supreme Court approved abortion of an encephalic pregnancy, although it presented it as «a `pro-life` judgment and it was not an abortion or eugenic abortion or some kind of euthanasia.» [32] 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. In this way, the uncertainty as to the scope of Article 86(2) of the Criminal Code has come to an end, while some judicial bodies have understood that it applies only to the rape victim who had an intellectual disability, a criterion that led to the case being prosecuted throughout the country with unfavourable results and, in some cases, with a risk to the performance of the abortion or to the health of the mother. [40] «Forcing a woman to have an STD is a violation of human rights,» said pro±gotious Senator Ana Claudia Almir de corrientes. «Without the implementation of comprehensive sexuality education, without the provision of contraceptives and without protocol for the legal termination of pregnancy, correntin-Gurisas [niã±as] are forced to give birth at the ages of 10, 11 and 12±,» Almir said. There are various organizations in Argentina that defend the pro-life position that denies the existence of a right to abortion. His view on the right to abortion on demand has been supported by the Argentine rabbi and The Doctor of Philosophy, Fishel Szlajen[111] argues, among others,[112] that «the right to decide one`s own body» deliberately manipulates and hides reality, because it is not a physical question of the subject for himself, but above all of two different human lives; the relationship between a person and his neighbor, where one is naturally and temporarily in the other. [113] In addition, they consider the legalization of abortion to be unconstitutional because it violates constitutional and other norms deriving from international human rights law.
[114] Rabbi Dr. Fishel Szlajen, bioethicist, vice-president of the National Bioethics Commission and first rabbi,[115] appointed a full member of the Pontifical Academy for Life in the Vatican,[116] in detail and through his book Jewish Philosophy and Abortion,[117] as well as his academic reports and articles,[118] the considerations and resolutions of the Jewish legal framework according to which abortion is prohibited upon request, And only in one case abortion is required, when the life of the embryo or fetus inexorably and inevitably threatens that of its mother, who must choose exclusively between one or the other. In case of anencephaly, irreversible degenerative pathologies (diagnosed with incurability), terminal, where the embryo or fetus will die infallibly, abortion is allowed with severe restrictions in time and form. The authorization to abort, provided that it is carried out within a certain period, also applies to cases of rape in which the pregnant woman is exposed to a serious and safe psychophysical risk. [119] The Penal Code also punishes intentional abortion without the consent of the pregnant person with a prison sentence of three to ten years (art.
