Argentine Senate votes historic bill to legalize abortion

The proceedings have long been a matter of division in the Catholic majority country, with the impending vote inciting activists on both sides of the debate.

Campaigners for abortion rights and anti-abortion protesters have staged demonstrations in front of the Palace of Argentina’s National Congress in Buenos Aires, where the vote will take place.

Mariela Belski, executive director of Amnesty International Argentina and an ambassador of the global women’s rights movement She Decides, prepared to travel to the Senate on Tuesday afternoon, where she will watch the debate and subsequent vote in the chamber.

Belski told CNN that if passed, it will “open a new era for women’s rights in our country.”

She added that it would enshrine “what is really happening in this country in the law. Every day people here have abortions – and this law says abortion exists.”

Women’s reproductive rights groups are hopeful that if the bill passes in Argentina – South America’s third most populous country – it could pave the way for broader reforms across the region.

Tamara Taraciuk Broner, acting deputy director of Human Rights Watch (HRW) Americas Division, told CNN that if the law is passed, it will “send a very strong message to the region that it is possible to proceed with the legalization of abortion – even in a Catholic country like Argentina. “

Protesters hold a banner that reads: "Legal abortion," outside the National Congress in Buenos Aires on December 10.

Currently, abortion is only permitted in Argentina if a pregnancy is the result of rape, or if a pregnancy endangers the life or health of the woman. In all other circumstances, abortion is illegal and can carry up to 15 years in prison.

Broner explained that people who currently have the right to access abortion don’t really “have a real chance to do so because they face huge barriers.” Argentine doctors have the option to “conscientiously object” to the performance of abortions, for example, if it would be contrary to their religious or personal beliefs.

If the Senate votes in favor of the proposed law, abortion will be legalized for up to 14 weeks in all cases.

Earlier this month, the country’s lower house passed the historic government-backed bill. The Chamber of Deputies approved the bill on Dec. 11 by 131 votes in favor, 117 against and six abstentions, before going to the Senate for debate and Tuesday’s decision.

Amnesty International welcomed the approval of the lower house and called on the country’s Senate not to turn its back on women.

“Legal abortion is a necessity for social justice, for reproductive justice and for human rights,” said Belski.

Belski said in a statement that the national debate on abortion had been positive in recent years as it “succeeded in exposing the failure of the criminalization of women as state policy.”

Argentina's abortion law is backed by the lower house of Congress

“The Senate must now end clandestine abortions. The legalization of abortion saves lives and addresses a major public health problem,” she said.

According to a report by HRW, nearly 40,000 women and children were hospitalized in 2016 as a result of unsafe, clandestine abortions or miscarriages.

Citing data from the National Health Ministry, the HRW report found that 39,025 women and girls were admitted to public hospitals for health problems resulting from abortions or miscarriages, with more than 6,000 of them aged between 10 and 19 years.

If passed, experts say the new law will allow 13- to 16-year-olds with normal pregnancies access to abortion services without a guardian.

The bill also uses inclusive language that 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 to state “ people who are able to conceive, ” told CNN that the youth and LGBTQ community played an important role. in challenging a “mature centrist and patriarchal power that has perpetuated privilege and injustice.” ”

Argentina’s current restrictions on abortion are repeated all over South America.

According to the Center for Reproductive Rights, only Cuba, Uruguay, French Guiana and Guyana allow elective abortions in Latin America and the Caribbean. In Mexico City and the Mexican state of Oaxaca, abortions are also available on request, but there are strict restrictions in the rest of Mexico.

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’

In 2018, during President Mauricio Macri’s conservative rule, an earlier attempt to legalize abortion in Argentina went through the lower house but was narrowly defeated in the Senate.

Abortion rights advocates from a host of human and women’s rights groups staged mass demonstrations across the country in support of that vote, donning green handkerchiefs to indicate their support – a movement that came to be known as the green wave.

Anti-abortion activists protest Monday against the decriminalization of abortion in Buenos Aires.

It also saw tremendous support from the anti-abortion movement which dressed in blue – the color of the “save both lives” movement and that of the national flag.

Both groups have continued to demonstrate ever since, with the abortion rights movement now driven by the backing of President Alberto Fernández, who has been in power for more than a year.

In a recorded speech in November 2019, shortly before his inauguration, Fernández pledged to “end the criminalization of abortion”, underlining his commitment to a campaign promise.

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Wearing a green tie – a symbol of the abortion movement – Fernández said that 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 how many illegal abortions take place in Argentina, but the National Health Ministry estimates that between 371,965 and 522,000 procedures are performed each year.

Although the government has a majority in the Senate and Fernández supports the bill, the outcome of the vote is not a foregone conclusion.

Argentina, the birthplace of Pope Francis, has seen a gradual rise in agnosticism in recent years, although 92% of Argentines still identify as Roman Catholic, according to the CIA.

And while a 1994 constitutional reform removed the requirement that Argentina’s president be a Catholic and guarantee freedom of religion, the constitution also affirms government support for the Catholic Church and recognizes Roman Catholicism as the official religion.

Activists celebrate after Argentina's lower house passed a law legalizing abortion on Dec. 10.

The Pope – and other Church leaders – have also weighed in on the debate.

In November, Pope Francis encouraged the anti-abortion group Mujeres de las Villas to “continue” their work by writing in a handwritten letter to Congressman and group mediator Victoria Morales Gorleri that “the problem of abortion is not primarily a question.” religion, but of human ethics, in the first place of every 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.

Anti-abortion activist and student Agostina López, 20, demonstrated on Monday and was on her way to protest the bill on Tuesday. She told CNN that the vote marked “a complete loss of values ​​such as respect for life and for women.”

“Without the right to life, none of the other rights make sense,” López said, adding that if the law is passed, it would “send a false message that killing innocent babies is no longer a serious matter.”

On Saturday, the Church of Argentina called on the Senate to vote against the bill, with Bishop Oscar Ojea, chair of the local conference of bishops and an outspoken opponent of abortion, saying a vote against the bill was backed by “ medical science and legislation. , ”Reported Reuters.

If the bill passes, doctors will still have the option to “ conscientiously object ” to performing abortions, but the new law states that those who object to performing the procedure must find another doctor to do so .

On Tuesday, the Senate will also debate and vote on a free bill that will strengthen the social and economic safety net for pregnant individuals in economic difficulties who wish to continue their pregnancy.

If adopted, the “1000 day plan” will enhance services from pregnancy to the first 1000 days of a child’s life.

CNN’s George Engels and Claudia Dominguez contributed to this report.

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