After 12 hours of deliberation, a result of 1 abstention, 29 votes against and 38 votes in favour of allowing abortions up to 14 weeks of pregnancy was reached.
A TIME OF CHANGE
When the news was announced, the Green Wave - a feminist group that has been fighting for change for years - celebrated the fact that history had been made. They cried for what was finally achieved after peaceful protesting, and for those who could not celebrate with them.
This is a big change for a centrally conservative society that is highly influenced by the Catholic Church, and is the home-country of the current Pope. The anti-abortion marchers, wearing blue, were devastated when the news came out.
This was ultimately a question of public health and safety to facilitate access to legal, safe and free abortion to all women. Argentina’s Access to Safe Abortion Network estimates between 370,000 - 520,000 abortions take place per year. Those numbers exclude all of the clandestine terminations that take place all year around. There is a misconception that legalising abortion would cause a rise in the number of cases, but in countries such as Belgium or the Netherlands, statistics demonstrate that this is not true.
HISTORY OF LEGAL ABORTION IN ARGENTINA
Although the previous law allowed women to undergo a legal abortion in case of rape or health complications, there have been instances in which doctors refused to terminate a pregnancy. Examples include the story of an 11-year-old victim of rape whose request to abort was delayed until she was 23 weeks pregnant and a C-section needed to be carried out. It is said that the delay was due to uncertainty about who her legal guardian was.
The Argentinian Penal code addressed legal abortion in instances of rape under article 86(2) as follows: “if the pregnancy is the result of the rape or assault to the modesty committed against an idiot or demented woman…the consent of the legal representative is required for the abortion”. This wording was both inappropriate and a cause for confusion, as many women were unaware that they had the right to a legal abortion.
It is not unusual for a woman to feel scared when seeking healthcare assistance when suffering a miscarriage in Argentina. Women who miscarry can fall under suspicion and, if convicted of having an abortion, sentenced to imprisonment for a decade or more depending on the case. This was noted in the book ‘We are Belen’ by Ana Correa, which narrates the true story of how a woman named Belen had a miscarriage in hospital at the age of 25 and was accused of voluntarily aborting. She was sentenced to 8 years in prison. Belen was freed 3 years after her sentence was imposed, thanks to support from Amnesty International and other organisations.
FUTURE CHALLENGES
The COVID-19 pandemic also made it more difficult for vulnerable women in Argentina to reach safe abortion clinics. In some cases, women live with their violators and are unable to seek healthcare. Dr Helena Paro, coordinator of ‘Nuavidas’ (a health-hub assisting victims of sexual violence in Latin America) says that the pandemic has become an excuse to unravel the rights of women.
Now, the legalisation of abortion brings hope of higher safety measures to the citizens of Argentina, and the possibility of inspiring other countries in Latin America to change their laws. So far, only Uruguay, Cuba, Guayana, French Guayana, and Puerto Rico have fully legalised abortion, but perhaps in the future other Latin American countries will assess the possibility of complete freedom of choice for women.
Isabelle is currently studying an LLB Hons at the University of Greenwich. She is also a volunteer for the Innocence Project London. She is passionate about human rights and how they are affected internationally, the climate crisis, and issues concerning migrants.