There is no logical reason for this. Abortion for the law of Moses is a crime that violates one of humanity`s most sacred commandments, namely procreation, and is comparable to murder. [175] However, Sacca developed some mitigating factors that therapeutic abortion could be performed as long as the woman`s life was in danger: “Life is a good that is not available to men. Therefore, our cultural background does not allow suicide or advocate pious murder. The doctor, according to the Mosaic law, is a messenger of G-d to treat people in their illnesses, but he has no right to use his knowledge to shorten or take life like everyone else. The doctor has no more authority than another to judge life and death, because it is a human matter, not a biological one. [176] In 2001, the Supreme Court allowed abortion of an anencephalic pregnancy, although it described it as “a judgment `in favor of life` and was not an abortion, a eugenic abortion, or some kind of euthanasia.” [32] In 2012, in the case of FAL, a 15-year-old girl who had been raped by her stepfather, the Supreme Court ruled and established the interpretation of Article 86(2) of the Penal Code that it concluded 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 does not violate the Convention on the Children and that the UN Committee on the Rights of the Child has not indicated that countries that allow abortion should amend their laws to prohibit it. The Court also ruled on the compatibility of abortion with Article 1 of the American Declaration of the Rights and Duties of Man, as well as Article 4 of the American Convention on Human Rights, noting that they expressly defined its meaning, so that the nullity of an abortion case could not be interpreted.
[40] [41] [42] [43] [44] In 1886, Argentina`s first penal code was promulgated. It included, for the first time, the crime of abortion, which gave it different and considerably weaker treatment than the crime of homicide, especially if committed with the consent of the pregnant woman. The penalties for abortion ranged from one to three years in prison for the pregnant woman, but were mitigated by one to two years if she had an abortion to “hide the shame”; and one or two years in prison, for anyone who did it. Abortion against the will of the pregnant woman is punishable by three to six years` imprisonment if performed by force and two to three years` imprisonment if performed without violence. [13] [14] At party level, the National Executive Committee of the Christian Democratic Party decided on the 24th. February 2018, “to ratify its commitment and militancy in the protection of human life from conception”[141], while its only national deputy Juan Brugge posed his position on this issue: “For life from conception, because our party has it in its program and because it is in the national constitution for international treaties. Any bill that seeks to legalize abortion is unconstitutional. [142] Conscientious objection cannot be invoked if medical care is denied after an abortion. Radical leaders have come out in favor of abortion. Among them are Ricardo Alfonsín, Ricardo Gil Lavedra, Ernesto Sanz[199] and Agustín Campero. [200] The Socialist Party`s executive committee unanimously approved a document in which it reaffirmed the party`s historic position in favor of the decriminalization and legalization of abortion. [201] The majority of the Front for Victory is pro-abortion and has indicated that it will vote in Congress, corrected Agustín Rossi.
[202] PRO officials and members demonstrated in support of abortion, such as MP Silvia Lospennato and Minister Pablo Avelluto. PRO President Humberto Schiavoni, Minister Sergio Bergman, Minister of Health Adolfo Rubinstein,[203] Minister of Justice Germán Garavano,[204] Minister of Finance Nicolás Dujovne,[205] Deputy Chief of Staff Gustavo Lopetegui, Undersecretaries of State Lidia Saya, Guillermo Cruces, Pedro Robledo, Hernán Iglesias Illa, President of the Women`s Council, Fabiana Tuñez, Director of the Anti-Corruption Office Laura Alonso, civil servants Iván Petrella and Alejandro Rozitchner, Head of ENACOM Silvana Giudice. [206] Former Senator Chiche Duhalde also spoke out in favour of legalizing abortion. [207] It was not until 1984 that the Democratic administration passed Law No. 23,077, which brought the legal framework back into the 1921 Penal Code, which reintroduced the non-crime cases currently in force. In 2012, the Supreme Court ruled with the “F.A.L.” decision on abortion for rape, ruling that raped women, whether “normal or unhealthy” (depending on the decision), can terminate a pregnancy without prior judicial authorization or fear of subsequent criminal sanction, exempting the doctor performing the procedure from punishment. According to the verdict, only an affidavit is required to register the crime of which the person who wants to terminate the pregnancy was a victim. Argentina legalizes abortion for all reasons that health workers must guarantee the following minimum conditions and rights for abortion and follow-up: 19.
In February 2018, the National Campaign for the Right to Safe and Free Legal Abortion organized a “Twitazo” with the Hastag #AbortoLegalYa (which was a trending topic)[49] and a “handkerchief” in front of Congress and a hundred cities across the country. This surprised public opinion by the massive and young average age of the mobilized women identified with the green headscarf. [50] [51] The feminist movement in Argentina had already experienced a historic upsurge on the occasion of the Ni una menos movement, which found continuity in the struggle for legal and free abortion.