The struggle - at first almost invisible - began in 2005 at a Women's Meeting, which founded the national campaign for the right to legal, safe and free abortion, and brought together more than 500 groups throughout Argentina. The raised green scarf, a symbol of the struggle for the legalisation of abortion, extended to the whole region - intensifying after the outbreak of the Ni Una Menos movement against male violence, On December 30, Trans-Andean women succeeded in getting the law passed to terminate a pregnancy safely, becoming the fourth nation in Latin America to legalize voluntary termination of pregnancy, after Uruguay, Cuba and French Guiana, as well as some Mexican states such as Mexico City and Oaxaca.
It was not an easy debate in the Senate. The bill had been previously rejected in 2018 despite the mobilization in the streets led by young women and their green scarves. President Alberto Fernández's campaign promise was fulfilled when he presented the bill to Congress, and after 10 hours of strenuous debate and intense demonstrations outside the chamber by thousands of women from the feminist, trade union and social movement demanding legalisation, it was passed with 38 votes in favour, 29 against and one abstention.
What does the law say?
The initiative guarantees that women and other people with gender identities who are capable of carrying a pregnancy have access to the option of abortion without any reason and with full, free coverage in the public and private health system.
The law establishes that if a woman requests to interrupt her pregnancy within the established period - 14 weeks of gestation - the medical centre has 10 days to carry out the procedure. In addition, the medical staff must guarantee the dignified treatment of the patient, privacy, and informed consent, among other rights of the patients.
The law also allows for individual conscientious objection, meaning that if a health professional does not wish to perform the abortion, they are obliged to tell the patient and refer her to a specialist who will perform the requested procedure. However, the doctor cannot refuse to perform the procedure if there is a risk to the health of the pregnant woman.
If the medical establishment does not have professionals to perform this procedure, the patient will be referred to another health centre. After 14 weeks of gestation, abortion is considered a crime, except for the causes of rape and risk to the life of the pregnant woman.
Patients who request the voluntary interruption of their pregnancy and who are over 16 years of age must sign an affidavit and in the case of minors, they must attend the medical centre together with their "legal representatives". Read more via Public Services International
Read the law here via Argentina, see translated text of the law below:
ACCESS TO VOLUNTARY TERMINATION OF PREGNANCY
Law 27610
Provisions.
The Senate and the Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., sanction with force of
Law:
Article 1 - Object. The purpose of this law is to regulate access to voluntary termination of pregnancy and post-abortion care, in compliance with the commitments assumed by the Argentine State in the areas of public health and human rights of women and people with other gender identities with the capacity to manage and in order to contribute to the reduction of preventable morbidity and mortality.
Art. 2º- Rights. Women and people with other gender identities with the capacity to gestate have the right
a) Decide on the termination of the pregnancy in accordance with the provisions of this law;
b) Request and access to care for the termination of pregnancy in the services of the health system, in accordance with the provisions of this law;
c) To require and receive post-abortion care in the services of the health system, without prejudice to the fact that the decision to abort would have been contrary to the cases legally authorized in accordance with this law;
d) Prevent unintended pregnancies through access to information, comprehensive sex education and effective contraceptive methods.
Article 3 - Constitutional framework The provisions of this law are framed in article 75, paragraph 22, of the National Constitution, the human rights treaties ratified by the Argentine Republic, especially the Universal Declaration of Human Rights, the American Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women "Convention of Belém do Pará", the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, by virtue of the protection they afford to sexual and reproductive rights, dignity, life, autonomy and health, to education, integrity, bodily diversity, gender identity, ethnic-cultural diversity, privacy, freedom of belief and thought, information, enjoying the benefits of scientific progress, real equality of opportunity, non-discrimination and a life free of violence.
Art. 4º- Voluntary Interruption of Pregnancy Women and people with other gender identities with the capacity to gestate have the right to decide and access the termination of their pregnancy up to the fourteenth (14) week, inclusive, of the gestational process.
Outside of the time period stipulated in the previous paragraph, the pregnant woman has the right to decide and access the termination of her pregnancy only in the following situations
a) If the pregnancy is the result of rape, with the request and the relevant sworn statement of the pregnant woman, before the intervening health personnel.
In cases of girls under thirteen (13) years of age, the affidavit shall not be required;
b) If the life or integral health of the pregnant woman is in danger.
Art. 5- Rights in health care Every pregnant person has the right to access to the termination of her pregnancy in the services of the health system or with its assistance, within a maximum period of ten (10) calendar days from its request and under the conditions established in this law and in the laws 26.485, 26.529 and concordant.
Health personnel must guarantee the following minimum conditions and rights in abortion and post-abortion care:
a) Decent treatment. Health personnel must observe dignified treatment, respecting the personal and moral convictions of the patient, in order to eradicate practices that perpetuate the exercise of violence against women and persons with other gender identities with the capacity to manage;
b) Privacy. All medical-assistance activities aimed at obtaining and transmitting information and clinical documentation about the patient must guarantee the construction and preservation of an environment of trust between the health personnel and the persons requesting care, and must observe strict respect for their privacy, human dignity and autonomy of will, as well as the due protection of confidentiality; information will only be shared or included with the patient's family or companion with her express authorization, in accordance with the provisions of article 8 of this law.
Likewise, the patient must be protected from illegitimate interference by third parties.
In cases of rape whose victims are children or adolescents, the duty to report the violation of rights provided for in article 30 of Law 26.061 and the duty to file a criminal complaint provided for in article 24, paragraph e), of Law 26. 485 within the framework of the provisions of article 72 of the Criminal Code, must be complied with respecting the right to privacy and confidentiality of girls and adolescents, their progressive capacity, and their superior interest in accordance with the Convention on the Rights of the Child, law 26.061, and article 26 of the Civil and Commercial Code, and must not obstruct or delay access to the rights established in this law;
c) Confidentiality. Health personnel must create the conditions for the protection of confidentiality and medical secrecy during the entire process of care and also afterwards. It must inform during the consultation that confidentiality is guaranteed and is achieved by medical secrecy.
The patient has the right that every person who participates in the elaboration or handling of clinical documentation, or has access to its content, must respect the right to confidentiality, unless the patient has expressly authorized it in writing;
d) Autonomy of will. Health personnel must respect the decisions of patients regarding the exercise of their reproductive rights, treatment alternatives and their future sexual and reproductive health. The patient's decisions should not be subject to judgments derived from personal, religious or axiological considerations by health personnel, and her free and autonomous will should prevail;
e) Access to information. Health personnel should maintain an active and respectful listening to the patients in order to freely express their needs and preferences. The patient has the right to receive information about her health; the right to information includes not receiving information that is inappropriate in relation to that requested.
Information must be provided about the various methods of termination of pregnancy, the scope and consequences of the practice. Such information should be up-to-date, understandable, accurate and provided in accessible language and formats.
Health personnel and public authorities have an obligation to provide available information on the rights protected by this law in a dynamic manner and throughout the entire process of care, even if there is no explicit request;
(f) Quality. Health personnel must respect and guarantee the treatment of abortion in accordance with the scope and definition of the World Health Organization. Care shall be provided according to standards of quality, accessibility, technical competence, range of available options, and up-to-date scientific information.
Art. 6- Information and treatment of abortion and sexual and reproductive health Once the request for voluntary interruption of pregnancy has been made in accordance with article 4, the health facility will make available the following to pregnant women who require it, within the framework of the National Program for Sexual Health and Responsible Procreation, law 25.673:
a) Information on the procedure to be carried out and the necessary subsequent care, following the criteria of the previous article;
b) Integral health care throughout the process;
c) Accompaniment in health care and adequate and accessible information to the needs of each person, scientific, updated on the different contraceptive methods available, as well as the provision of contraceptive methods provided for in the Compulsory Medical Program (PMO) and in the law 25.673 or the regulation that will replace it in the future.
These services are not obligatory for the patient or a condition for the practice.
Art. 7º- Informed consent. Prior to the voluntary interruption of pregnancy, the informed consent of the pregnant woman is required, expressed in writing, in accordance with the provisions of Law 26.529 and concordant laws and Article 59 of the National Civil and Commercial Code. No one can be substituted in the personal exercise of this right.
Art. 8º- Minors. Within the framework of the provisions of the Convention on the Rights of the Child, Law 26.061, Article 7 of Annex I of Decree 415/06, Article 26 of the National Civil and Commercial Code and Resolution 65/15 of the National Ministry of Health, the request for the voluntary interruption of pregnancy must be made in the following manner
a) Persons over sixteen (16) years of age have full capacity in themselves to give their consent to exercise the rights granted by this law;
b) In the case of persons under sixteen (16) years of age, their informed consent shall be required under the terms of the previous article and shall proceed in accordance with the provisions of article 26 of the Civil and Commercial Code and Resolution 65/15 of the Ministry of Health of the Nation in accordance with the Convention on the Rights of the Child, Law 26.061, article 7 of Annex I of Regulatory Decree 415/06 and Regulatory Decree 1.282/03 of Law 25.673.
Art. 9º- People with restricted capacity. If it is a person with restricted capacity by judicial sentence and the restriction has no relation with the exercise of the rights granted by the present law, he will be able to give his informed consent without any impediment or need of previous authorization and, if he wishes, with the assistance of the support system provided by article 43 of the Civil and Commercial Code of the Nation.
Persons acting as a support system do not represent or substitute the person with a disability in the exercise of his or her rights and, therefore, it is necessary that the design of the support system incorporate adequate safeguards so that there are no abuses and that decisions are made by the right holder.
If the court ruling restricting capacity prevents consent to the exercise of the rights provided for in this law, or the person has been declared judicially incompetent, he or she must give his or her consent with the assistance of his or her legal representative or, in the absence of the latter, that of a related person, under the terms of article 59 of the Argentine Civil and Commercial Code.
Art. 10.- Conscientious objection. The health professional who must intervene directly in the termination of the pregnancy has the right to exercise conscientious objection. For the purposes of exercising this right, they must
a) Maintain their decision in all areas, public, private or social security, in which they exercise their profession;
b) Refer the patient in good faith for temporary and timely care by another professional without delay;
c) To comply with the rest of her professional duties and legal obligations.
The health personnel may 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.
Conscientious objection may not be invoked to refuse to provide post-abortion care.
Failure to comply with the obligations established in this article shall give rise to disciplinary, administrative, criminal and civil sanctions, as appropriate.
Art. 11.- Conscientious objection. Obligations of health facilities. Those health care providers in the private or social security sub-sector that do not have professionals to perform the termination of the pregnancy due to the exercise of the right to conscientious objection in accordance with the previous article shall provide for and arrange referral to a provider who will actually perform the service and who is similar to the one consulted by the person requesting the service. In all cases, the practice shall be carried out in accordance with the provisions of this Act. The arrangements and costs associated with the referral and transfer of the patient shall be borne by the referring effector. All referrals under this article shall be invoiced in accordance with the coverage in favor of the referring practitioner.
Art. 12.- Coverage and quality of services. The public health sector, the social works under Law 23,660 and Law 23,661, the National Institute of Social Services for Retirees and Pensioners created by Law 19,032, the entities and health agents included in Law 26,682, of regulatory framework of prepaid medicine, the entities that provide care within the regulation of Decree 1,993/11, the social works of the armed forces and security, the social works of the Legislative and Judicial Branch and those included in Law 24. 741, of university social works, and all those agents and organizations that provide medical-care services to members or beneficiaries, regardless of the legal figure they have, must incorporate the integral and free coverage of the voluntary interruption of pregnancy provided for in this law in all the forms that the World Health Organization recommends. These benefits are included in the National Program of Quality Assurance of Medical Care and in the PMO with total coverage, along with the benefits of diagnosis, medicines and support therapies.
Art. 13.- Integral sexual education and sexual and reproductive health. The national State, the provinces, the Autonomous City of Buenos Aires and the municipalities are 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.
These policies must be framed within the objectives and scope established in laws 23.798, 25.673, 26.061, 26.075, 26.130, 26.150, 26.206, 26.485, 26.743 and 27.499, in addition to the laws already mentioned in this law. They shall also provide training on the gender and sexual diversity perspective to teachers and other health professionals and workers, in order to provide adequate care, support and follow-up to those who request a voluntary interruption of pregnancy under the terms of this law, as well as to public officials who act in such processes.
Article 14.- Amendment of the Criminal Code Article 85 of the National Criminal Code is replaced by the following
Article 85: The person who causes an abortion shall be punished:
With a prison term of three (3) to ten (10) years, if he or she 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. With imprisonment of three (3) months to one (1) year, if acting 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 15.- Incorporation of Article 85 bis to the Criminal Code. The following article is incorporated as Article 85 bis of the National Criminal Code:
Article 85 bis: Any public official or civil servant or authority of the health establishment, professional, effector or health personnel who unjustifiably delays, obstructs or refuses, in contravention of the regulations in force, to perform an abortion in legally authorized cases, shall be punished with a prison term of three (3) months to one (1) year and special disqualification for twice the time of the sentence.
Art. 16.- Substitution of article 86 of the Criminal Code Replace article 86 of the National Criminal Code with the following
Article 86: Abortion performed with the consent of the pregnant woman up to fourteen (14) weeks inclusive of the gestational process is not a crime.
Outside the time period established in the previous paragraph, abortion performed with the consent of the pregnant woman shall not be punishable:
If the pregnancy is the result of rape. In this case, the practice must be guaranteed with the request and the sworn statement of the pregnant woman before the health professional or personnel involved.
In cases of girls under thirteen (13) years of age, the sworn statement will not be required.
If the life or health of the pregnant woman is at risk.
Article 17.- Substitution of article 87 of the Criminal Code. Replace article 87 of the National Criminal Code with the following one
Article 87: Any person who violently causes an abortion without having had the purpose of causing it shall be punished with a prison term of six (6) months to three (3) years, if the state of pregnancy of the pregnant woman is known or proven.
Article 18.- Replacement of Article 88 of the Criminal Code. Article 88 of the Criminal Code of the Nation is replaced by the following
Article 88: The pregnant person who, after the fourteenth (14th ) week of gestation and provided that the assumptions foreseen in article 86 are not met, causes her own abortion or consents to be caused by another person, shall be punished with a prison term of three (3) months to one (1) year. The penalty may be waived when the circumstances make the conduct excusable.
The attempt of the pregnant person is not punishable.
Art. 19.- Training. The health personnel must be trained in the contents of this law and the complementary and regulatory norms. To this end, the Ministry of Health of the Nation and the provincial ministries and of the Autonomous City of Buenos Aires shall implement the corresponding training programs.
Article 20 - Authority of Application The enforcement authority of this law shall be established by the National Executive Branch.
Article 21 - Public Order. The provisions of this law are of public order and mandatory application throughout the territory of the Argentine Republic.
Section 22.- Communicate with the National Executive.
GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE THIRTIETH DAY OF DECEMBER OF THE YEAR TWO THOUSAND AND TWENTY.
REGISTERED UNDER N° 27610
CLAUDIA LEDESMA ABDALA DE ZAMORA - SERGIO MASSA - Marcelo Jorge Fuentes - Eduardo Cergnul
e. 15/01/2021 N° 1961/21 v. 15/01/2021