The Senate voted 38-29 to give millions of women access to legal dismissal under a new law backed by President Alberto Fernández. The margin was expected to be much smaller.
Masses of abortion rights activists and anti-abortion activists gathered outside the Palace of Argentina’s National Congress to await the results, which came after a nightly debate in the early morning hours. Supporters of the bill greeted the news with loud cheers – and in some cases tears of joy.
Gabriela Giacomelli, whose two sisters had illegal abortions, called the scene “very emotional.”
“We’ve been fighting for years,” said Giacomelli. “I see young people now, although I hope they never have to abort, but if they do it now, they can do it safely.”
Mariela Belski, executive director of Amnesty International Argentina and ambassador of the global women’s rights movement She Decides, said, “Today Argentina has taken a symbolic step forward in defending the rights of women, girls and people with reproductive potential.”
The law will legalize abortion in all cases up to 14 weeks of pregnancy. Abortion in Argentina, the third most populous country in South America, is currently only permitted if a pregnancy is the result of rape or endangers the life or health of the woman.
In all other circumstances, abortion is illegal and punishable by up to 15 years in prison.
Abortion advocates hope Argentina’s decision will spur similar movements in the other Catholic-majority states in Latin America.
Belski said the move “sends a strong message of hope to our entire continent – that we can change course against the criminalization of abortion and against clandestine abortions, which pose serious risks to the health and lives of millions of people. the law passed today by the Argentine Congress and the tremendous effort of the women’s movement to achieve this are an inspiration to America and to the world. “
El Salvador, the Dominican Republic, Haiti, Honduras, Nicaragua and Suriname, on the other hand, prohibit abortions in almost all circumstances. Colombia, Costa Rica, Guatemala and Panama only allow abortion if it is to maintain a woman’s health or to save her life.
‘Worrying figures’
Abortion has long been a matter of division in Argentina, and the vote has sparked activists on both sides of the debate.
Advocates of abortion rights wore green handkerchiefs in a move that became known as the green wave. Anti-abortion activists dressed in blue – the color of the “save both lives” movement and that of the national flag.
Anti-abortion activist and college student Agostina López, 20, who protested the bill on Tuesday, told CNN ahead of the vote that it meant “a complete loss of values such as respect for life and women.”
“Without the right to life, none of the other rights make sense,” López said, adding that if the law were to be passed, it would “send a false message that the killing of innocent babies is no longer a serious matter.”
Brenda Austin, one of four congresswomen who introduced the 2018 bill, said she received Wednesday’s news with “ great emotion, ” adding that the decision is a “ historic debt our democracy owes to women’s rights. ‘.
The abortion rights movement has received a massive boost in recent months thanks to the support of President Fernández, who took power last December.
In a recorded speech shortly before his inauguration, Fernández pledged to “end the criminalization of abortion”.
Wearing a green tie – a symbol of the abortion movement – Fernández said criminalizing the procedure unfairly punishes “vulnerable and poor women”, adding that they were the “worst victims” of Argentina’s legal system.
“There is no point in criminalizing abortion,” he said, pointing out that “abortions could only take place clandestinely in disturbing numbers.”
Fernández said more than 3,000 people have died from illegal abortions since 1983. No official figures are available on the number of illegal abortions in Argentina, but the Ministry of Health estimates that between 371,965 and 522,000 procedures are performed annually.
Referring to data from the National Health Ministry, the HRW report found that 39,025 women and girls were admitted to public hospitals for health problems due to abortions or miscarriages, and that more than 6,000 women were between 10 and 19 years old.
Experts say the new law will allow 13- to 16-year-olds with normal pregnancies access to abortion services without a guardian. Doctors will still have the option to “conscientiously object” to performing abortions, although the law says they will need to find another doctor to do so.
The bill also uses inclusive language and recognizes that not all people who become pregnant identify as women.
Camila Fernandez, a self-identifying transgender woman who was instrumental in pushing for the bill’s language that says “ people with the possibility of being pregnant, ” told CNN that the youth and LGBTQ community played an important role in to challenge a “mature centrist and patriarchal power.” who has perpetuated privileges and injustices. ”
“Hand in hand with trans men and nonbinary people, we have conquered the rights that now belong to them and ours,” she said, adding that she believes the move will pave the way for additional reforms for transgender people who have historically been sidelined. .
A divisive campaign
The abortion debate has created tension in a country with deep Catholic ties.
Argentina’s Constitution affirms government support for the Catholic Church and recognizes Roman Catholicism as the official religion. However, a 1994 amendment deleted the requirement that the president be a Catholic.
In November, Francis weighed in on the debate, encouraging anti-abortion group Mujeres de las Villas to “get on” with their work.
In a handwritten letter addressed to Congressman and group mediator Victoria Morales Gorleri, Francis said that “the problem of abortion is not primarily a matter of religion, but of human ethics, primarily of any religious denomination.”
“Is it fair to eliminate a human life to solve a problem? Is it fair to hire a hit man to solve a problem?” He wrote.
On Wednesday, the Senate also passed a free bill that will strengthen the social and economic safety net for pregnant individuals who are in economic difficulties and want to continue their pregnancy.
The “1000 days plan” will enhance services from pregnancy to the first 1000 days of a child’s life.