By María Torrellas on December 30, 2020 from Buenos Aires
Photo: María Torrellas
We were hundreds, thousands, millions, this December 29 and 30, and the years before, there were our ancestors, in the streets all fighting for the right of women to decide what was right for their bodies. The green streets, the green cities, the green squares, the surroundings of the institutions, green, the color of our movement. Green shouts that filled us with energy, green hugs, green laughter, green cries all of which finally made it legal for women to have an abortion in Argentina.
Comrades, this triumph is ours, one of persistence, of patience, of the girls in their homes, in their schools (when there were open). An unforgettable night, of being together, where we all express ourselves, in equality, in joy, and also in sadness, for those who are no longer with us, those who suffered in obscurity for years. The screen with its poetry that shakes us, culture as a weapon thrown at a society that has been blind and deaf to our sufferings, to our demands.
Actress Susi Shock said that never has the word ABORTION been seen so much, the importance of words, we managed to force it into the consciousness of the mainstream. Through debate, its reasons, ours, the just ones, our rights and the other rights that are not there. Susi pointed to another word: the gestating bodies, to include everyone, to diversify the ways of naming, of seeing each other, let’s learn communicators: GESTANT BODIES. Joy this morning of a new piece of good history, but the struggle continues, we will have to fight to make it a habit, something natural and that nobody will object to because we will be there with our green struggle. We will not let up; the green struggle goes on and on.
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The Voluntary Interruption of Pregnancy Act decriminalizes and legalizes abortion in the first 14 weeks of pregnancy. Its sanction transforms clandestine abortion into safe, legal, and free of charge.
The following are the main points of the legal abortion bill (Pagina 12)
- It enshrines the right of women and people with other gender identities who are capable of bearing children to decide whether to terminate their pregnancies, to request and access abortion care, and to receive post-abortion care in health system services.
- Abortion will be permitted up to and including the fourteenth week of the gestational process. Outside this period, access will only be possible in the case of rape or if the life or overall health of the pregnant woman is in danger.
- Women and pregnant women have the right to have their pregnancy terminated in the services of the health care system with their assistance, within a maximum of ten (10) calendar days from the date of request.
- In the case of minors under 13 years of age, they must have the informed consent and assistance of at least one of their parents or legal representative.
- In the case of adolescents between 13 and 16, they must have a companion or “emotional reference”.
- Prior to the performance of the abortion, the informed consent of the pregnant woman is required in writing.
- The health professional who must intervene directly in the termination of the pregnancy has the right to exercise conscientious objection. To this end, they must maintain their decision in all areas, public and private, in which they exercise their profession, and refer the patient in good faith for care by another professional in a temporary and timely manner, without delay.
- Private health or social security centers that do not have professionals to perform an abortion because of conscientious objection shall provide and arrange for referral to a place, of similar characteristics, where the service is actually performed.
- Health personnel shall not refuse to perform the termination of pregnancy if the life or health of the pregnant woman is in danger and requires immediate and urgent attention.
- Nor may conscientious objection be invoked to refuse to provide post-abortion health care. Failure to comply with the requirements to exercise the right of conscientious objection shall result in disciplinary, administrative, criminal and civil sanctions, as appropriate.
- Social works and prepaid services must incorporate comprehensive and free coverage for the voluntary interruption of pregnancy. These benefits are included in the National Programme for the Guarantee of Quality in Medical Care and in the PMO with full coverage, together with diagnostic services, medicines and support therapies.
- The State is responsible for implementing Law 26,150 on Comprehensive Sex Education, establishing active policies for the promotion and strengthening of the sexual and reproductive health of the entire population.
- Article 85 of the Criminal Code is amended to read as follows: “ARTICLE 85 – The person who causes an abortion shall be punished: 1) With a prison term of THREE (3) to TEN (10) years, if he acts without the consent of the pregnant woman. This penalty may be increased to FIFTEEN (15) years if the act is followed by the death of the pregnant woman. 2) Imprisonment of THREE (3) months to ONE (1) year if the act is carried out with the consent of the pregnant woman, after the fourteenth (14th) week of gestation and provided that the cases provided for in Article 86 do not occur.”
- Article 86 shall be worded as follows: “It is not an offence to carry out an abortion with the consent of the pregnant woman up to and including the fourteenth week of the gestational process”.
Source: Resumen Latinoamericano, translation North America bureau
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