In 2012, the Supreme Court issued a decision in the case of FAL, a 15-year-old girl who had been raped by her father-in-law, and established the interpretation that corresponded to Article 86 (2) of the Penal Code, noting that abortion is not punishable in all cases of rape, regardless of the psychological situation of the raped woman or pregnant person. The Court also found that Article 86 did not violate the Convention on the Child and that the United Nations Committee on the Rights of the Child had not indicated that countries that allow abortion should amend their legislation to prohibit it. The court also ruled on the compatibility of abortion and art. 1º of the American Declaration of the Rights and Duties of Man and in relation to Article 4 of the American Convention on Human Rights, which states that they have expressly delimited their meaning so that the invalidity of an acceptance of abortion cannot be interpreted. [40] [41] [42] [43] [44] Clinical abortions are faster than abortion pills. While medical abortion (abortion pills) can take up to 24 hours, abortion at the clinic takes 5 to 10 minutes. In March 2018, at its XXV Congress, the Labour Party, unanimously by the delegates present, voted in favour of the right to legal abortion and demanded that the National Congress adopt the bill prepared by the National Campaign for the Right to Legal, Safe and Free Abortion. In a statement, she said: “The fight for legal abortion is a struggle for the right of access to health for girls and women, and it is also a first-rate struggle against the political function of social discipline that clandestine abortion fulfills. We proclaim this struggle as part of the struggle for the separation of church and state. (…) The defenders of abortion are the state and its governments, the defenders of job insecurity, the oppression of women, the defenders of violence against women.

(…) We fight so that no woman has an abortion if she does not want to, and so that if she wants or needs it, she can practice it in the right conditions. In short, we are fighting to defend women`s lives. [198] In March 2010, the United Nations Human Rights Committee conducted an inquiry into Argentina in which, at paragraph 13, it “expressed concern about the restrictive legislation on abortion set out in article 86 of the Penal Code and the courts` contradictory interpretation of the grounds for non-criminalization contained in that article. (Articles 3 and 6 of the Covenant) ” and recommends that “the State party amend its legislation so that it effectively assists women in avoiding unwanted pregnancies and does not have to resort to clandestine abortions that could endanger their lives. The State should also take measures to train judges and health workers within the framework of article 86 of the Penal Code. [74] In 1921, the current Penal Code was promulgated. There, the consideration of abortion as a crime other than murder was maintained and the maximum penalty for voluntary abortion, for women and professionals who perform it, was increased from three to four years. However, the Penal Code of 1921 also provided for cases of unenforceable abortion in two paragraphs: (1) to avoid endangering the life or health of the mother (therapeutic abortion); (2) “if the pregnancy is due to rape or an immoral attack on an idiotic or mentally ill woman.” The extent of the decriminalization introduced by Article 86 underwent strong doctrinal and political struggles in the decades that followed. On May 26, 2018, the newspaper La Nación published the results of a survey commissioned by “Unidad Provida” from the consulting firm Isonomía. The survey was designed to strengthen the positions of their clients, who believe that previously published surveys “may be small, fragmented and false.” [104] 46% of respondents are against the decriminalization of abortion and 45% are in favor of it. Of the percentage that agree, 36% agree that the practice is practiced in all cases, 21% oppose it in all cases, but 37% who said their approval “depends on the case”.

[104] On the other hand, the isonomy study, at 48%, reflected broad support for abortion in rape cases. In the case of malformations and fetal diseases, it was 28%, and for a situation of risk of death of the mother or fetus of 13%. Among those who disapprove of abortion, the survey found that the main cause is “that it is about killing a human being”: 60%. [104] Because of its design, the survey focused on the possibility that health professionals would not perform the procedure if underage women are mature enough to decide for themselves whether they want to carry out the practice and the preference for a comprehensive health policy on abortion. On this last point, 60% of respondents said that “they prefer the state to promote such regulation”. [104] In 2001, the Supreme Court approved abortion of an encephalic pregnancy, although it presented it as “a `pro-life` judgment and is not an abortion, eugenic abortion, or a form of euthanasia.” [32] Beginning in 1970, in correspondence with the second feminist wave, the first feminist organizations emerged in Argentina to embark on the struggle for abortion rights. [19] Young representatives of various political sources such as Socialist Youth, Radical Youth, Pro-Youth, La Cámpora, Franja Morada, MNR, Libres del Sur, Juventud PTP, Nuevo Encuentro and UES Secondary School signed a petition in favor of legal, safe and free abortion.

• September 27, 2022
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