Source: http://www.parlamentario.com/noticia-27380.html
They call for legalizing abortion
The meeting introduced new block Deputies initiative. In the past 25 years were more than 50 projects in this direction, without any flourish.
The International Women's Day, New Members Meeting Martin Sabbatella, Vilma Ibarra, Carlos Heller, Ariel Basteiro and Jorge Rivas, introduced a bill to legalize abortion until the fourteenth week of pregnancy.
"It is imperative that the legalization of abortion is installed definitely in the 2010 legislative agenda, "the national deputies. They added that "we have been working this issue for some time consulting the opinions of specialists and numerous civil society organizations."
lawmakers pointed out that "it is necessary to promote existing projects, reinforcing the consensus. This initiative is very important because it proposes to legalize abortion up to week 14 of pregnancy, as has been done recently in Spain. If this law was passed in Argentina will be taking a big step for the human rights of women. "
the past 25 years, were presented about 50 initiatives in this regard, still unresolved.
According to the Ministry of Health in Argentina is estimated to produce about 400,000 illegal abortions each year and this practice is a major cause of maternal mortality. The project
BILL The Senate and House of Representatives, ...
Article 1 .- A woman can decide to abortion in any of the following circumstances:
1. before the fourteen weeks of gestation;
2. if the pregnancy is the result of the commission of a crime against sexual integrity, while not feasible fetal life regardless of body women.
3. if there is danger to life or health of the woman, understood to health as defined by the World Health Organization as a state of complete physical, mental and social, not as the mere absence of disease;
4 . if medically diagnosed non-viability after birth;
Article 2 .- The voluntary interruption of pregnancy, performed in accordance with the provisions of this Act may be exercised by a professional or team of medical professionals and will be considered , for all purposes, as a medical practice subject to the responsibilities under the laws governing the art of healing.
Article 3 .- The doctor who prompted the abortion must inform in a clear and consistent with the compressibility of each woman:
a) the possibility of abortion under the conditions of this Act;
b) the nature of the intervention, risks and foreseeable developments;
c) the counseling service before and after the abortion, under Article 8 of this Act.
If the decision of the woman is the abortion the doctor should record in history the clinical performance of their duty to report and the decision of the woman, accompanied by informed consent through a statement of intent to authorize the intervention of women.
Informed consent as an instrument aimed at ensuring the rights of patients shall not be construed as a way to make access to abortion under this law.
Article 4 .- If a woman is incapacitated by trial requires the informed consent given by his legal representative.
case of a woman under age 14 will require the consent of at least one legal representatives. In all cases the child must be heard and considered the satisfaction paramount interest of the child in the full enjoyment of their rights and guarantees enshrined in the Convention on the Rights of the Child (Law 23.849).
Article 5 .- The services necessary for the voluntary interruption of pregnancy carried out in the terms of this Act shall be included in the Compulsory Medical Plan, or replace it, and shall have full and free coverage of all services sub-health state, social services and private.
Article 6 .- The medical and auxiliary personnel system health who have conscientious objections to intervene in medical procedures necessary for the voluntary interruption of pregnancy, they should notify the authorities of the institutions to which they belong within thirty days after the enactment of this Act. Later entrants must state his objection at the time they start their activities at the facility. The right of conscientious objection does not have any employment consequence.
professionals and assistants who have expressed to the authorities of the institutions will exercise their conscientious objection with regard to necessary medical procedures voluntary interruption of pregnancy in practice they must respect that position in any area, public or private, in exercising their profession.
The existence of conscientious objection does not exempt from responsibility for conducting the required practices, the health authorities of the establishment concerned, who are required to take the necessary steps to ensure the right of women to access to abortion under the terms of this law.
Article 7 .- The Ministry of Health of the Nation shall be the enforcement authority of this Act.
article 8 - The Ministry of Health of the Nation shall regulate, under the National Program of Sexual and Reproductive Health created by law 25,673, implementation of counseling services before and after the abortion in accordance with the fulfillment of the objectives of the Act.
Article 9 .- not require intervention or approval of any judicial or administrative authority to practice abortion covered by this law. The only permission that is required is the informed consent of the woman or her legal representative, in accordance with Articles 3 and 4 of this Act.
article 10 .- In no case shall be punishable woman who causes the interruption of her own pregnancy or agrees to another it is caused.
Article 11 .- To amend Article 85 of the Penal Code, which reads as follows:
"Article 85 .- Whoever causes the termination of pregnancy shall be punished by detention or imprisonment of three to ten years if act without her consent. This penalty may be increased up to fifteen years if the act is followed by the death of the woman.
suppressed if the conduct in this article by physicians, midwives or pharmacists who abuse the their science or art will suffer further disqualification for twice as long as that of the condemnation. "
Article 12 .- Derogate Articles 86 and 88 of the Penal Code.
Article 13 .- communicated to the Executive.
BASICS
Mr. President: The
This project promotes the decriminalization and access to abortion, recognized as a precedent the bill registered as a record 761-D-08. On the same modifications have been worked linked in broad terms, with national developments and international public policy, legislation and human rights.
then be transcribed part of the foundations of the project concerned and added new ones to update and adapt these to the text of this initiative. The preamble to that required submission of that, beginning with the international debate on reproductive rights and the situation of our country in relation to progress in this area.
"When addressing the issue of abortion and how it is treated by our law, it is essential to refer to the history of health and reproductive rights in our country. First, we must mention until the nineties, no one spoke, or rather was forbidden to speak, sexual and reproductive health and the corresponding rights (ten years after the issue received international). On the one hand, both the government of Isabel Peron in 1974 as the military dictatorship in 1977, issued decrees prohibiting the scrapping of activities linked to 'birth control'. Only in 1986, were annulled the decrees and thus were eliminated prohibitions on public health services and social work in relation to the subject. This came a year after Congress ratified the Convention on All Forms of Discrimination Against Women (CEDAW), but the end of the term of prohibitive norms did not mean immediate implementation positive actions in this regard. It may be mentioned in this regard, it was in 1988 when the then Municipality of the City of Buenos Aires, implemented the Responsible Parenthood Program.
The year 1994 was historically significant for women's rights. On the one hand, in our country, and from constitutional reform, joined the said convention to the text of the Constitution, and on the other hand, at the international level, there was the International Conference on Population and Development (ICPD ) meeting in Cairo, which rose to a level of international commitment to health care and reproductive and respect for rights, and established a "program of action ', considerably ambitious but it is important to clarify that no one is forced, yes it is a moral commitment, signed by governments, including Argentina, civil organizations and international agencies. In 1995, there was the V Summit of Women in Beijing. Both conferences are fundamental advances in the consideration of sexual and reproductive rights as human rights of women.
It then noted that Argentina signed the documents resulting from these events, pledging to carry out actions that promote the health of women and in particular sexual and reproductive health, and the relevant rights.
Following the above, abortion can not be considered outside the commitments of our country, whether or not framed in the debate on sexual and reproductive health and rights of women. In this regard, include the paragraph 8.25 of the Programme of Action of the International Conference on Population on abortion: "In no case should be promoted as a method of family planning. It urges all governments and intergovernmental and nongovernmental organizations to increase their commitment to women's health, to address the effects on health have unsafe abortions as inappropriate a major public health problem and reduce the use of abortion through expanded and improved family planning services. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counseling (...) In cases where abortion is not against the law, abortions should be safe. In all cases women should have access to quality services to treat complications from abortions. It should provide prompt services for family planning, education and post-abortion counseling to help prevent repeat abortions. '. Also, the aforementioned Beijing above, the delegation of Argentina participated in the consensus on paragraph 106 k) of the Platform for Action recommends that governments consider reviewing laws containing punitive measures against women who commit abortion. Said that paragraph as to the measures recommended to governments, 'k) In the light of paragraph 8.25 of the Programme of Action of the International Conference on Population and Development ...', above'. .. consider reviewing laws containing punitive measures against women who have undergone illegal abortions. '.
Given the above, it is relevant to the situation found our country, as well as the Committee established by the Convention on All Forms of Discrimination Against Women (CEDAW), with powers of control, monitoring and evaluating implementation of the obligations assumed by States parties to the treaty, in the year 1997, recommended to the Argentine government to review legislation on abortion. The State has not responded then, and it has done today.
It also Human Rights Committee UN body supervising the implementation of the Covenant on Civil and Political Rights (1966) and its protocols by States Parties, made the following recommendations in relation to Argentina abortion, in 2000: '... 14. As regards the rights related to reproductive health, is concerned that the criminalization of abortion deters medical professionals from providing this procedure without judicial order, even when the law allows, for example, when there is a clear risk to human health the mother or when pregnancy results from rape of a mentally disabled woman ... ' and continues, "... The Committee recommends that the State party take measures to implement the Law on reproductive health and responsible parenthood July 2000, by which family planning counseling and contraceptives will be dispensed in order to offer women real alternatives. The Committee further recommends the review periodically the laws and policies on family planning. Women should be given access to family planning methods and sterilization procedures and in cases in which abortion may lawfully be performed, it should remove all obstacles to their achievement. Should amend the national legislation to authorize abortion in all cases of pregnancy resulting from rape. "
is clear, therefore, that the review of legislation is not only not binding, but is opposed to the consideration of abortion as a method of family planning. Given the discussion up here then raised is appropriate to leave the debate on the regulatory treatment of abortion must be performed under consideration of human rights, which are involved respect for autonomy, holistic health, dignity, among others. The human rights of women require consideration of the rights pursuant to their specific sexual and reproductive health. "
then be advanced in the grounds with the need for regulatory review and to promote a proposal to incorporate, in principle, two circumstances no penalty for the abortion, expanding the already provided for in Article 86. On the one hand, when pregnancy has occurred as a result of a crime against the integrity sexual, and another where a pregnancy with medical diagnosis of non-viability of the fetus after birth.
"Currently, Article 86 of the Penal Code, punishment by imprisonment or imprisonment of one to four years and a disqualification for twice as long as the conviction, doctors, surgeons, midwives or pharmacists who abuse the science or its art to cause abortion or will cooperate to cause it. In turn, provides two exceptions to the prohibition of abortions, if it was done in order to avoid danger to life or health of the mother and if this danger can not be avoided by other means if the pregnancy comes of a rape or indecent assault committed about a female idiot or insane. In this case, legal consent should be required for abortion.
As for the woman who causes her own abortion or consents that it shall cause the other, Article 88 of the Penal Code which is punishable by imprisonment of one to four years. Under this article, the attempt is not punishable.
The addition of these two cases, expand the cases in which abortion is not punishable, in response to recommendations received internationally and issues about the problems our country faces with regard to abortion.
What were those problems? What are these problems?
Let's review and update the data that shed light on them.
In our country, as in most countries of Latin America and the Caribbean, abortion is a crime, except in the two cases mentioned.
is also the region where great number of maternal deaths, whose main causes are complications from unsafe abortions. According approximations leads to a figure of around 10,000 deaths from abortion each year in Latin America, 21% of maternal deaths in Latin America from unsafe abortions. The place that abortion is among the causes of death varies in different countries. Given this variation can be estimated that occur between and 250 deaths per 100,000 abortions. On average, in countries where abortion is legal, the figure is 0.6 per 100,000 terminations of pregnancy (World Health Organization, 1998). "
As for what happens in our country, complications of abortion are a major cause of maternal death, being 25% of the total, and represented 1.1 of the maternal mortality rate in Argentina amounted to 4.4 (Ministry of Health and Environment of the Nation-Year 2007 -. Statistics and Health Information, Vital Statistics Yearbook. December 2008).
"also "Hospitalization for abortion has increased in our country by 57% from 1995 to 2000 and 40% of them are women under 20 years. Considering that mortality represents only the tip of the iceberg, these data confirm hospitalization magnitude of the problem. It should be noted, moreover, that this figure applies only to public sector because the private sector does not report data. " (Ministry of Health and Environment, 2005. "Guide for improving post-abortion care). Arguably, therefore, that this issue constitutes a public health problem, although this project is not specifically devote itself to solve its complexity. "
Foundations from there move on the project as a comprehensive response to the problem of public health and human rights posed by the criminalization of abortion, and an attempt to reverse the consequences of the criminalization of abortion, this practice illegal again, is also sexual and reproductive rights of women, and the alarming and growing number of clandestine abortions are practiced.
"There is irrefutable evidence worldwide that exemplify the decriminalization and regulation of access to abortion has been an advance has meant a sharp reduction in maternal deaths, and have not increased the average rates of abortions, and in some cases, have decreased. As I also said in an earlier occasion, "Nobody is for abortion and any woman in particular, its capacity to engender life. Only, surely, those who profit from abortion, foster their practice.".
For Switzerland, the decriminalization of abortion occurred in 2001 and the evolution of the annual rate of abortions was as follows: 8.4 (1996), 7.5 (2001) and 7.5 (2002) per thousand women of childbearing age . The case of Switzerland is also used as an example in the fundamentals of project that, last September 27, 2005, the Special Secretariat of Policies for Women (SPM) of the Republic of Brazil handed to the Chairperson of the Commission Familia de Seguridad Social y de la Cámara de Diputados, a result of los trabajos de la Comisión Tripartite female servant en ese mismo año April, for her SPM, to review punitive la legislación de la interrupcion del embarazo volunteers. Según la
informs SPM, dicho trabajo foresees that: "..." every woman has the right to voluntary termination of her pregnancy, conducted by physician and subject to consent of the pregnant woman. "Ensures the voluntary interruption of pregnancy in following conditions: up to 12 weeks of gestation, 20 weeks in case of pregnancy resulting from a crime against sexual freedom (rape) if a diagnosis serious health risk to the pregnant woman, and if a diagnosis of congenital malformation incompatible with life or severe fetal disease and incurable. For the text, the abortion is carried out within the national health system and determines its coverage by private plans..
(http://200.130.7.5/spmu/destaques/comissao_gravidez/comissao_28_09.htm).
En una publicación spawned by the root SPM la misma del panel en la revisión who were debating about it for punitive legislación del embarazo interrupcion volunteers, if un adjoint graph that clarifies el efecto de la mortalidad by unsafe abortion on maternal la mortalidad, taking For Romania (the same can be found in Stephenson et al. Am J Public Health, 1992). This chart can be summarized by saying that in the time period from 1960 to 1990, maternal deaths directly conditioned increase or decrease, more and more as time goes on, the mortality due to unsafe abortions, while the other causes to reduce maternal mortality throughout the period.
In the same publication is a graphic linked to the rate of abortions in different countries, using as variables access to legal abortion, sex education and contraception. The findings are very interesting. In countries with abortion rates among 6.5 and 7.6 per 1000 women of childbearing age, such as Holland, Belgium and Germany, women have access to legal abortion, contraceptive use and comprehensive sex education. In countries like Colombia, Chile and Brazil, women only have access to contraceptive use, rates are between 36.3 and 40.8.
could consider that Argentina is in the second group of countries, and we should perform all necessary actions so that the rates would approach the first group of countries. It is therefore also considered desirable for the momentum of this project and to reaffirm the importance of the program created by the National Law on Sexual Health and Responsible Procreation No. 25,673.
There is no doubt that through the decriminalization of abortion practice is encouraged, but the recognition of sexual rights, reproductive and overall health of women as human rights, ending the practice of abortion illegal.
The same certainty we have today on the need to decriminalize and regulate access to abortion to not continue putting at risk the health and lives of women, both inevitably lead to the criminalization of illegal practices, to abortions without professional care, ethical and human rights under and in poor health, and in no way criminalization has guided the conduct of women. In other words, the criminalization of abortion does not reduce their numbers, but these are still practiced in clandestine conditions with serious health risks for women, and in large numbers to result in death. "
In this sense Importantly, the last June 17, 2009
Human Rights Council United Nations issued Resolution 11/08 on preventable maternal mortality and morbidity and human rights. There the Council "Reaffirming the Beijing Declaration and Platform for Action of the International Conference on Population and Development and its review conferences and the goals and commitments regarding the reduction of mortality maternal and universal access to reproductive health, in particular those contained in the Millennium Declaration of 2000 (resolution 55/02 of the General Assembly) and the Final Document of the World Summit 2005 (resolution 60/01 of General Assembly), Reaffirming also the Millennium Development Goals, in particular those related to improving maternal health ... "resolved" 1. Expressing grave concern over the unacceptably high global rate of preventable maternal mortality and morbidity and to note in this connection that the WHO estimated that more de1500 women and girls die every day as a result of preventable complications that occur before, during and after pregnancy and childbirth, and, at the global level, maternal mortality is the leading cause of death among women and girls of reproductive age, 2. Acknowledges that most cases of maternal mortality and morbidity are preventable and that mortality and morbidity is preventable health problems, development and human rights also requires the effective promotion and protection of human rights of women and girls in particular their right to life, to be equal in dignity, to education, to be free to seek, receive and impart information, to enjoy the benefits of scientific progress, this safe from discrimination and to the level highest possible physical and mental health, including sexual and reproductive health.. "
In this context, the high proportion of preventable deaths that arise related to the clandestine nature of abortion, aggravating the mortality rate of our country and its inequalities between jurisdictions, should enable us to reflect on the avoidable effects of the criminalization of abortion.
"A final figure is moving, 13% of maternal deaths worldwide are due to unsafe abortions. Given this last fact and knowing that 61% of the world's women live in countries where abortion is allowed, our country should join those that enable lower number of women who make up the remaining 39% of the maternal deaths that occur from unsafe abortions.
For all the foregoing that this bill makes the decriminalization and regulation of access to abortion, criminalizing only the interruption made without the consent of the woman with an aggravated sentence if death itself- and if the interruption perform them without the consent of doctors, midwives and pharmacists, has his disqualification for twice the duration of the sentence. It proposes the repeal of sections 86 and 88 of the Penal Code (Article 12) and the amendment of Article 85 (Article 11). "
Then the basics of the legislative initiative taken as a precedent of this relate to the articles of the project, which is also from there, adapting to the changes that have been introduced.
is enshrined in Article 1, then the right of every woman to decide on abortion in any of the following circumstances - provided depending on the time of pregnancy and health of women and the fetus, " before the fourteen weeks of gestation if the pregnancy is the result of the commission of a crime against sexual integrity, while life is not feasible regardless of body women, if there is danger to life or health of women, if not viable medically diagnosed after birth. On the first course, the establishment of the period of fourteen weeks, corresponding to the progress in legislation of other countries, including the recently enacted in Spain.
The Article 2 governs the exercise of the procedure in question, stating that it can only be done by a professional or team of medical professionals, and will be deemed for all purposes as a medical practice subject to the responsibilities under the laws governing the art of healing. Article 3 of the conditioning becomes operational proceeding to the voluntariness of the women, having the steps and ways to ensure that the interruption is performed with the informed consent of pregnant women.
"Informed consent is an ethical and legally binding on members of the medical profession, patient autonomy as a basic right derived from the dignity and their right to autonomy. Therefore, the information required to provide consent for medical intervention can not become an act protocolarizado, does not respond to the specific circumstances of each patient. The information thus provided would not meet the intended function in law, and provided consent and would not serve the intended effect. "
(General Council of Judicial Power (CGPJ) of Spain," Report to the draft organic law on sexual and reproductive health and abortion ", 2009, p. 94..).
Consistent with this interpretation, it provides that the physician who prompted the abortion must inform the woman about: the possibility of abortion under the terms of this law, the characteristics of intervention, risks and foreseeable developments, the counseling service prior after the abortion, under Article 8 of the bill.
is important then to present and explain to women about the rights that attend, the doctor leaves the free will and autonomy of women to decide on abortion.
The Article 4 provides for the special consent of the cases in question declared incapable of women or women under 14 years of age. In the first case requires the consent of his legal representative, and the second, taking as reference the laws 25,673 and 26,061 and its implementing regulations, the decision falls in the exercise of the rights and obligations of parental authority, considering the satisfaction paramount interests of the child in the enjoyment of rights and guarantees enshrined in the Convention on the Rights of the Child.
The project also seeks to ensure women's access to services and procedures for termination of pregnancy in the state health network of private and social works. That is why, according to Article 5, including the performance required for termination of pregnancy in the Compulsory Medical Plan, or in the future replace it, and provides full coverage of those benefits at all any health services subsector.
In accordance with the provisions of law that seek to guarantee women the right to regulate this project in the service of the health network of any subsector, incorporates-in Article 6 - the basic criteria for medical or support staff of any health system effector, can exercise the right of conscientious objection to medical acts necessary for the voluntary interruption of pregnancy.
The first criterion is that the manifestation of conscientious objection should be held in all facilities or areas where the practices are exercised. It is important avoid any possibility of exercising a double standard, one for the public and another for the private sector. Who is a conscientious objector should be in all areas where it does. The second criterion is that the subjective right of the people, in this case the doctors and assistants can not in any way limit the rights of those seeking practice. Therefore, facilities such as health institutions are required to take the necessary steps to ensure the right of women to access abortion under the terms of this law.
been expressed and exemplified throughout this foundation in the recognition of sexual and reproductive rights of women, particularly in relation to the prevention of maternal morbidity and mortality from unsafe abortions, as well as reverse the clandestine nature of these practices is essential to preventing unwanted pregnancies, ie access to methods contraception, sexual education with lower rates of abortions. And thus arose the need to accompany this draft with a support decriminalization law No. 25,673. This is reflected in Article 8 of this project, the implementation of counseling services before and after pregnancy termination in accordance with the objectives of the Act.
The Ministry of Health, authority of law enforcement as proposed, Article 7 -, regulated under the National Law No. 25,673 created by the implementation of the counseling service.
Finally, it is known that changing legislation is a necessary but not sufficient to guarantee the possibility for women to have this practice without encountering obstacles of various kinds. It is known that at present, even where allowed, is not easy for women's access to an abortion. Articles 9 and 10 respond to the intention to ensure effective exercise of the rights established by this law.
Article 9 º expressly provides that it is not required the intervention of any judicial or administrative authority to perform the termination of pregnancy under the terms of this Act, and the following article, clears any doubt about the no criminality of women shall cause the interruption of her own pregnancy or agrees that the other is caused.
conclude by proposing the decriminalization and regulation of access to abortion based on the actual knowledge that such practice is carried out clandestinely.
addressed the issue as a serious public-health problem that affects women, and recognition of sexual rights holistic health and reproductive rights of women as human. In this sense, this proposal aims to help sincere, change and overcome the problems associated with the criminalization of abortion.
Under the above it is proposed that approval of this bill.
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