The Senate voted 38-29 to give millions of women access to legal termination under a new law backed by President Alberto Fernández. The margin was expected to be much smaller.
Massive crowds of abortion rights activists and anti-abortion activists gathered in front of the Palace of the Argentine National Congress to await the results, which came in the early hours of the morning after an overnight debate. Proponents of the bill greeted the news with loud cheers – and in some cases with tears of joy.
Gabriela Giacomelli, whose two sisters had illegal abortions, called the scene “very emotional.”
“We’ve been fighting for years,” Giacomelli said. “I see young people now, although I hope they will never have to have an abortion, but if I do it now I can do it safely.”
Mariela Belski, executive director of Amnesty International Argentina and ambassador for the global women’s rights movement, She Decides, said: “Today, Argentina has taken an emblematic step forward in defending the rights of women, girls and people with reproductive capabilities.”
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 allowed only when a pregnancy results from rape or endangers a woman’s life or health.
In all other circumstances, abortion is illegal and punishable by up to 15 years in prison.
Proponents of the abortion hope that Argentina’s decision will stimulate 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 the course against the criminalization of abortion and against clandestine abortions, which pose serious risks to the health and lives of millions of people. Both the law and the law passed by the Argentine Congress today and the enormous effort of the women’s movement to achieve this are an inspiration to America and the world. “
In contrast, El Salvador, the Dominican Republic, Haiti, Honduras, Nicaragua and Suriname prohibit abortions in almost all circumstances. Colombia, Costa Rica, Guatemala and Panama allow abortion only if it is to preserve a woman’s health or to save her life.
“Disturbing numbers”
Abortion has long been a divisive issue in Argentina, and the vote galvanized activists on both sides of the debate.
Proponents of abortion rights he wore green handkerchiefs in a movement that became known as the green wave. Anti-abortion activists dressed in blue – the color of the movement “saves both lives” and that of the national flag.
Anti-abortion activist and student Agostina López, 20, who protested against the bill on Tuesday, told CNN before the vote that it means “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 passed, it would send a “false message that killing innocent children is no longer a serious problem.”
Brenda Austin, one of four lawmakers who introduced the 2018 bill, said she received Wednesday’s news with “great emotion,” adding that the decision is a “historic duty our democracy has on women’s rights.”
In recent months, the abortion rights movement has received a huge boost from the support of President Fernández, who came to power in December last year.
In an address recorded shortly before the investiture, Fernández promised that “it will end the criminalization of abortion.”
Wearing a green tie – a symbol of the abortion rights movement – Fernández said criminalizing the procedure unjustly punishes “vulnerable and poor women”, adding that they are “the biggest victims” of Argentina’s legal system.
“The criminalization of abortion was of no use,” he said, noting that “it allowed abortions to occur only clandestinely in a worrying number.”
Fernández said more than 3,000 people have died as a result of illegal abortions since 1983. No official figures are available on how many illegal abortions take place in Argentina, but the National Ministry of Health estimates that between 371,965 and 522,000 procedures are performed annually.
Citing data from the National Ministry of Health, the HRW report found that 39,025 women and girls were admitted to public hospitals for health problems resulting from miscarriages or miscarriages and more than 6,000 were aged between 10 and 19 years.
Experts say the new law will allow young people between the ages of 13 and 16 with normal pregnancies to access abortion services without a guardian. Doctors will still have the option to “conscientiously object” to having abortions, although the law stipulates that they will have to find another doctor to do so.
The bill also uses inclusive language, recognizing that not all people who become pregnant identify as women.
Camila Fernandez, a self-identifying transgender woman who played a key role in the language of the bill, which says “people with the ability to get pregnant,” told CNN that youth and the LGBTQ community were key to challenging a “centrist.” adult and patriarchal power ”which perpetuated privileges and injustices. ”
“Hand in hand with trans men and non-binary people, we have conquered the rights that are theirs and ours today,” she said, adding that she believes the move will pave the way for further reforms for trans people who have been removed from historically.
A divisive campaign
The abortion debate has created tensions in a country with deep Catholic ties.
Argentina’s constitution cements government support for the Catholic Church and recognizes Roman Catholicism as the official religion. However, a 1994 amendment removed the requirement for the president to be Catholic.
In November, Francis weighed in on the debate, encouraging the anti-abortion group Mujeres de las Villas to “move forward” with their work.
In a handwritten letter to congresswoman and intermediary Victoria Morales Gorleri, Francis said that “the issue of abortion is not primarily a matter of religion, but of human ethics, primarily of any religion.”
“Is it right to eliminate a human life to solve a problem? Is it right to hire a hit man to solve a problem?” he wrote.
On Wednesday, the Senate also passed a complementary bill that will strengthen the social and economic safety net for pregnant women facing economic difficulties who want to continue their duties.
The “1,000-day plan” will strengthen services from pregnancy to the first 1,000 days of a child’s life.