Women's Experiences with the Use of Medical Abortion in a Legally

Total Page:16

File Type:pdf, Size:1020Kb

Women's Experiences with the Use of Medical Abortion in a Legally FEATURE Women’s experiences with the use of medical abortion in a legally restricted context: the case of Argentina Silvina Ramos,a Mariana Romero,b Lila Aizenbergc a Senior Researcher, Center for the Study of State and Society (CEDES), Buenos Aires, Argentina. Correspondence: [email protected] b Senior Researcher, CEDES, and National Scientific and Technical Research Council (CONICET), Buenos Aires, Argentina c External Researcher, CEDES, Buenos Aires, Argentina Abstract: This article presents the findings of a qualitative study exploring the experiences of women living in Buenos Aires Metropolitan Area, Argentina, with the use of misoprostol for inducing an abortion. We asked women about the range of decisions they had to make, their emotions, the physical experience, strategies they needed to use, including seeking health care advice and in dealing with a clandestine medical abortion, and their overall evaluation of the experience. An in-depth interview schedule was used. The women had either used misoprostol and sought counselling or care at a public hospital (n=24) or had used misoprostol based on the advice of a local hotline, information from the internet or from other women (n=21). Four stages in the women’s experiences were identified: how the decision to terminate the pregnancy was taken, how the medication was obtained, how the tablets were used, and reflections on the outcome whether or not they sought medical advice. Safety and privacy were key in deciding to use medical abortion. Access to the medication was the main obstacle, requiring a prescription or a friendly drugstore. Correct information about the number of pills to use and dosage intervals was the least easy to obtain and caused concerns. The possibility of choosing a time of privacy and having the company of a close one was highlighted as a unique advantage of medical abortion. Efforts to improve abortion law, policy and service provision in Argentina in order to ensure the best possible conditions for use of medical abortion by women should be redoubled. © 2014 Reproductive Health Matters Keywords: abortion law and policy, medical abortion, women’s perspectives, misoprostol, abortion hotlines, Argentina Unsafe abortion and related mortality are both abortion.4 Most countries have restrictive abor- higher in countries with narrow grounds for tion laws,5 but as evidence worldwide shows, legal abortion.1 By 2011, 46% of countries in the legal prohibition does not deter women from world (91 out of 192) allowed abortion based seekinganabortion.Whenfacedwithanunwanted only on risk to the woman’slifeorhealth,29% pregnancy, many women will seek an abortion, allowed abortion at a woman’s request (at least despite condemnation and barriers that make in the first trimester of pregnancy), while five coun- it difficult or impossible for them to obtain a tries (Chile, El Salvador, Nicaragua, Malta and safe abortion.6 Dominican Republic) did not allow abortion under The development of medical technology has any circumstances.2 made it possible for women to terminate a preg- In 2006, it was estimated that about one mil- nancy safely, both surgically and medically. In lion women were being hospitalized for treatment legally restricted contexts, the expansion of access of complications from unsafe abortion in Latin to and use of medical abortion has increased America.3 In 2008, according to WHO estimates, considerably,7–10 due to the availability of miso- 95% of the 4.23 million abortions that took place prostol over the counter or on the black market. in the region were unsafe.1 More recently, it was In these settings, different strategies, such as estimated that 12% of all maternal deaths in the information and referral hotlines, internet pur- regional were due to complications of unsafe chase, and pre-and post-abortion counselling are Contents online: www.rhm-elsevier.com Doi: 10.1016/S0968-8080(14)43786-8 1 S Ramos et al. Reproductive Health Matters 2014;Supplement(43):1–12 increasingly being used – mainly by civil society results in women using the medication in sub- organizations and women’sgroups– to expand optimal conditions.18 women’s access to safe medical abortion.11,12 Abortion in Argentina is restricted by the Penal Medical abortion provides women with the Code, with exceptions if the woman’s life or health option of an early abortion that is safe, easily is at risk, or if the pregnancy is the result of rape, accessible, not invasive, and allows ambulatory including sexual assault of a mentally disabled care. Studies show that women prefer medical woman. But even abortions on these grounds abortion for a range of reasons: it is more natural, are not guaranteed by the health system.25 it does not involve surgery or anaesthesia, it Despite these restrictions, almost 400,000 abor- allows for early abortion, it preserves privacy, tions per year have been estimated to take place and women feel more in control of the abortion in Argentina, and complications of unsafe abor- process since, among other reasons, it can be tion have been the leading cause of maternal 26,27 organized to fit the woman’s daily routine. For mortality for the last two decades. these reasons, in most acceptability studies, Legal restrictions and the absence of a culture almost all the women who have used medical of abortion provision in public health services – abortion have said they would use it again and even for the limited grounds provided by law – recommend it to other women.8,13–16 are the main barriers to accessing safe abortion. In Latin America, women have been using The fact that misoprostol is not approved for medical abortion for self-inducing abortions at pregnancy termination adds another barrier. home for several decades.17,18 Of the two medica- Not only do women face obstacles in obtaining tions recommended by the World Health Organi- misoprostol, but health professionals also have zation for medical abortion, mifepristone is still to deal with the fact that as misoprostol is not not available in almost any country in the region, registered for abortion they have to resort to using it off-label. but misoprostol has been sold in pharmacies ’ since the 1980s.19,20 Misoprostol is approved in Women s use of medical abortion outside of clinical settings has therefore occurred clan- most countries to prevent gastric ulcers but not destinely both despite legal restrictions and for gynaecological or obstetric indications, except because of them. Given the importance of medi- in six countries,* which have registered it for cal abortion in reshaping the nature of abortion, some of these indications though not for abor- 21 understanding women’s experiences in legally tion. In spite of the legally restricted context restricted settings seems to be particularly rele- and in the absence of enforcement of the crimi- vant.28 This article presents the findings of a nal law on abortion, the use of medical abortion qualitative study aimed at exploring the experi- by women is reducing the risks of unsafe abor- ences of women living in Buenos Aires Metropoli- tion, thus contributing to the accomplishment 22 tan Area in Argentina with the use of misoprostol of Millennium Development Goal 5a and 5b. for inducing an abortion. A recent literature review focused on the Latin American region found that despite the long tradition of academic and social research in Methodology sexual and reproductive health, and a strong This was a descriptive, exploratory study. The women’s movement mobilized around the abor- 23,24 sample consisted of women with different medi- tion issue, few studies have specifically cal abortion experiences in terms of the sources focused on the medical abortion experience of information and counselling they had to resort from women’s perspective. This review also to. Some of them (n=24 women) had used miso- showed that legal restrictions on access to abor- prostol and sought counselling or presented with tion and regulatory restrictions on access to symptoms of incomplete abortion at a public medical abortion medications result in women hospital in the city of Buenos Aires.† The others lacking the appropriate information on dosage, (n=21 women) had used misoprostol following the symptoms and efficacy of medical abortion. advice of a local hotline, the internet, or other The absence of counselling and support before, women. All of them had had their abortion at home. during and after the abortion process also †The name of the hospital is not provided for confidentiality *Argentina, Brazil, Colombia, Mexico, Peru and Uruguay. reasons. 2 S Ramos et al. Reproductive Health Matters 2014;Supplement(43):1–12 The women were recruited in two ways. Women findings for women’s health and well-being, and who had sought counselling at a hospital were examine how the findings should be used to influ- approached by a member of the hospital’shealth ence future strategies to improve access to safe team, before they were discharged, who asked if medical abortion in legally restricted contexts. the research team could interview them. These interviews took place at the hospital. To reach women who did not attend a health care facility, Findings snowball sampling techniques were used. Through The 45 women interviewed were aged 18–40 years; women’s organizations in the community and 60% had completed basic education (seven or through personal networks, we sought referrals more years of schooling). One third of them were of women who had had a self-induced medical living with their partners at the time of the inter- abortion in the previous 12 months. In some view. Sixty per cent of them had children, ranging cases, the contact person referred more than from one to nine. one woman to us. In other cases, an interviewee We identified four stages in the women’sexperi- referred another woman to us.
Recommended publications
  • Feminist Mobilization and the Abortion Debate in Latin America: Lessons from Argentina
    Feminist Mobilization and the Abortion Debate in Latin America: Lessons from Argentina Mariela Daby Reed College [email protected] Mason Moseley West Virginia University [email protected] When Argentine President Mauricio Macri announced in March 2018 that he supported a “responsible and mature” national debate regarding the decriminalization of abortion, it took many by surprise. In a Catholic country with a center-right government, in which public opinion regarding abortion had hardly moved in decades—why would the abortion debate surface in Argentina when it did? Our answer is grounded in the social movements literature, as we argue that the organizational framework necessary for growing the decriminalization movement was already built by an emergent feminist movement of unprecedented scope and influence: Ni Una Menos. Through expanding the movement’s social justice frame from gender violence to encompass abortion rights, feminist social movements were able to change public opinion and expand the scope of debate, making salient an issue that had long been politically untouchable. We marshal evidence from multiple surveys carried out before, during, and after the abortion debate and in-depth interviews to shed light on the sources of abortion rights movements in unlikely contexts. When Argentine President Mauricio Macri announced in March 2018 that he supported a “responsible and mature” national debate regarding the decriminalization of abortion, many were surprised. After all, in 2015 he was the first conservative president elected in Argentina in over a decade, and no debate had emerged under prior center-left governments. Moreover, Argentina is a Catholic country, which has if anything seen an uptick in religiosity over the past decade, and little recent movement in public support for abortion rights preceding Macri’s announcement.
    [Show full text]
  • A CASE for LEGAL ABORTION WATCH the Human Cost of Barriers to Sexual and Reproductive Rights in Argentina
    HUMAN RIGHTS A CASE FOR LEGAL ABORTION WATCH The Human Cost of Barriers to Sexual and Reproductive Rights in Argentina A Case for Legal Abortion The Human Cost of Barriers to Sexual and Reproductive Rights in Argentina Copyright © 2020 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-8462 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org AUGUST 2020 ISBN: 978-1-62313-8462 A Case for Legal Abortion The Human Cost of Barriers to Sexual and Reproductive Rights in Argentina Summary ......................................................................................................................... 1 Recommendations ........................................................................................................... 8 To the President of Argentina: .................................................................................................
    [Show full text]
  • International Human Rights Law and Abortion in Latin America
    Human Rights and Abortion July 2005 International Human Rights Law and Abortion in Latin America Latin America is home to some of the most restrictive abortion laws in the world. While only three countries—Chile, El Salvador, and the Dominican Republic—provide no exceptions or extenuating circumstances for the criminal sanctions on abortion, in most countries and jurisdictions, exceptions are provided only when necessary to save the pregnant woman’s life and in certain other narrowly defined circumstances. Even where abortion is not punished by law, women often have severely limited access because of lack of proper regulation and political will. Advancing access to safe and legal abortion can save women’s lives and facilitate women’s equality. Women’s decisions about abortion are not just about their bodies in the abstract, but rather about their human rights relating to personhood, dignity, and privacy more broadly. Continuing barriers to such decisions in Latin America interfere with women’s enjoyment of their rights, and fuel clandestine and unsafe practices, a major cause of maternal mortality in much of the region. Latin American women’s organizations have fought for the right to safe and legal abortion for decades. Increasingly, international human rights law supports their claims. In fact, international human rights legal instruments and interpretations of those instruments by authoritative U.N. expert bodies compel the conclusion that access to safe and legal abortion services is integral to the fulfillment of women’s human rights generally, including their reproductive rights and rights relating to their full and equal personhood. This paper offers (1) a brief overview of the status of abortion legislation in Latin America and (2) an in-depth analysis of international human rights law in this area.
    [Show full text]
  • Pregnancy, Femicide, and the Indispensability of Legalizing Abortion: a Comparison Between Argentina and Ireland
    Emory International Law Review Volume 34 Issue 3 2020 Pregnancy, Femicide, and the Indispensability of Legalizing Abortion: A Comparison Between Argentina and Ireland Agustina M. Buedo Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Agustina M. Buedo, Pregnancy, Femicide, and the Indispensability of Legalizing Abortion: A Comparison Between Argentina and Ireland, 34 Emory Int'l L. Rev. 825 (2020). Available at: https://scholarlycommons.law.emory.edu/eilr/vol34/iss3/3 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. BUEDOPROOFS_5.11.20 5/11/2020 1:12 PM PREGNANCY, FEMICIDE, AND THE INDISPENSABILITY OF LEGALIZING ABORTION: A COMPARISON BETWEEN ARGENTINA AND IRELAND INTRODUCTION Although Argentina has relatively high levels of education, strong civil- society groups, and a long history of feminist activism, the country remains stagnant on change regarding women’s rights, specifically, reproductive rights.1 Among the long-standing human rights problems in Argentina is the “endemic violence against women, restrictions on abortion, [and] difficulty accessing reproductive services.”2 Argentine law considers abortion a crime with the exception of two narrowly defined circumstances: (a) if the abortion is carried out with the purpose of averting risk to the mother’s life or health when that risk cannot be averted by any other measure; or (b) in the case of the rape of a mentally disabled woman.3 This kind of law perpetuates both the cultural and institutional restraints surrounding abortion that are “paradigmatic of how women’s bodies are socially regulated in Argentina.”4 Restricting abortion has severe implications—more violence against women.
    [Show full text]
  • Stigma and Abortion in Argentina Raquel Drovetta
    Status: Preprint has not been submitted for publication Stigma and Abortion in Argentina Raquel Drovetta DOI: 10.1590/SciELOPreprints.1308 This preprint was submitted under the following conditions: The authors declare that they are aware that they are solely responsible for the content of the preprint and that the deposit in SciELO Preprints does not mean any commitment on the part of SciELO, except its preservation and dissemination. The authors declare that the research that originated the manuscript followed good ethical practices and that the necessary approvals from research ethics committees are described in the manuscript, when applicable. The authors declare that the necessary Terms of Free and Informed Consent of participants or patients in the research were obtained and are described in the manuscript, when applicable. The authors declare that the preparation of the manuscript followed the ethical norms of scientific communication. The authors declare that the manuscript was not deposited and/or previously made available on another preprint server. The submitting author declares that all authors responsible for preparing the manuscript agree with this deposit. The authors declare that in the event that this manuscript has previously been submitted to a journal and being evaluated, they have received the journal's consent to make the deposit on the SciELO Preprints server. The submitting author declares that all authors' contributions are included on the manuscript. The authors declare that if the manuscript is posted on the SciELO Preprints server, it will be available under a Creative Commons CC-BY license. The deposited manuscript is in PDF format. If the manuscript is being reviewed and published by a journal, the authors declare that they have received authorization from the journal to make this deposit.
    [Show full text]
  • Abortion Laws in Transnational Perspective: Cases and Controversies
    This is a repository copy of Abortion Laws in Transnational Perspective: Cases and Controversies. Book Review. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/98822/ Version: Accepted Version Article: Krajewska, A. orcid.org/0000-0001-9096-1056 (2016) Abortion Laws in Transnational Perspective: Cases and Controversies. Book Review. Medical Law Review, 24 (2). pp. 290-296. ISSN 0967-0742 https://doi.org/10.1093/medlaw/fwv041 Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Abortion Laws in Transnational Perspective: Cases and Controversies REBECCA J COOK, JOANNA N ERDMAN, BERNARD M DICKENS (eds.) Philadelphia, University of Pennsylvania Press, 2014, 480 pp., hardback, £45.50, 9780812246278 Atina Krajewska, Sheffield Law School, University of Sheffield, England, [email protected] For a while at least, it seemed that proponents and opponents of decriminalisation and liberalisation of abortion laws had become entrenched in their well-known positions and that national legislators and politicians had reached a form of, usually fragile, consensus.
    [Show full text]
  • Illusions of Care RIGHTS Lack of Accountability for Reproductive Rights in Argentina WATCH
    Argentina HUMAN Illusions of Care RIGHTS Lack of Accountability for Reproductive Rights in Argentina WATCH Illusions of Care Lack of Accountability for Reproductive Rights in Argentina Copyright © 2010 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 11-56432-669-1 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org August 2010 1-56432-669-1 Illusions of Care Lack of Accountability for Reproductive Rights in Argentina Summary ........................................................................................................................... 1 Recommendations .............................................................................................................. 5 Methodology .....................................................................................................................
    [Show full text]
  • Dear Committee Experts, This Report Has Been Produced
    SITUATION OF ABORTION IN ARGENTINA Dear Committee Experts, This report has been produced byAbogados y Abogadas del NOA en Derechos Humanos y Estudios Sociales (ANDHES), Asociación Católicas por el Derecho a Decidir- Argentina (CDD), Asociación Lola Mora, Centro de Estudios de Estado y Sociedad (CEDES), Centro de Estudios Legales y Sociales (CELS), Centro de la Mujer (CEDEM), Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres (CLADEM), Equipo Latinoamericano de Justicia y Género (ELA), Fundación para Estudio e Investigación de la Mujer (FEIM), Instituto de Genero, Derecho y Desarrollo (INSGENAR), Lesbianas y Feministas por la descriminalización del aborto, Mujeres por Mujeres, Mujeres Trabajando, Mujeres Autoconvocadas de Trelew, Secretaría de Género de Encuentro por la Democracia y la Equidad CABA (Nuevo Encuentro and the Gender-Based Violence Observatory under the Buenos Aires Province Ombudsman’s Office). The purpose of this submission is to present information on the situation in terms of access to abortion in Argentina to the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW Committee). We hope this information will beuseful inassessing the Argentinean State’s compliance with its obligations under the CEDAW Convention. The report includes suggestions, questions and recommendations around each of the issues raised, in the hope that they will be taken into account by the Committee during the country reviewplanned for its 65th session as well as at the time of issuing its Concluding Observations on Argentina. 1 I. The situation of abortionin Argentina Abortion in Argentina: Legal Framework Since 1921, Article 86 of the National Penal Code establishes exceptions for criminalizing abortion: a) when the woman's life is at risk; b) when the woman's health is in danger; c) in case of rape; d) in case of moral outrage against an “idiot or demented” woman.
    [Show full text]
  • Abstract: the Lack of Legal and Safe Abortions Is Killing the Women of Argentina
    ITP: Argentina 2011 Faculty Advisor: Professor Hannon Research Group Members: Richard Benjamin, Anna Geml, Lysondra Ludwig & Alexandra Sloan Paper Title: Abortion in Argentina Abstract: The lack of legal and safe abortions is killing the women of Argentina. In Argentina, an estimated 500,000 pregnancies are illegally aborted each year. 68,000 women enter the public hospitals due to complications from unsafe abortions, and over 100 women die per year. Currently, a new law is being debated in Congress that would liberalize legal access to abortions. This Paper discusses the political and social landscapes of Argentina in relation to the abortion laws, and how these landscapes will be affected if the proposed new abortion law is passed. Part I discusses the current laws, the implementation of these laws, and their effects on Argentine women. Part II explains the women’s movement and its progress and details a proposed bill currently being considered. Part III explores the interaction of Catholicism and abortion laws, as well as the Church’s relationship with the proposed law. Finally, Part IV examines external influences on the provision of abortions. This Paper demonstrates that Argentina is potentially on the verge of a major change in abortion laws. The current law is not being implemented effectively, and the changes that have occurred in the women’s movement, societal attitudes and relationships with the Catholic Church, and significance of international jurisprudence, all support the adoption of the proposed new law. Many internal Argentine groups have played a major role in the history of the abortion debate, and stand to be significantly impacted if the new law passes, as this Paper asserts it will.
    [Show full text]
  • Guardian Ad Litem Representation for Prenatal Children
    William & Mary Journal of Race, Gender, and Social Justice Volume 19 (2012-2013) Issue 3 William & Mary Journal of Women and Article 3 the Law May 2013 A Child Needs a Champion: Guardian Ad Litem Representation for Prenatal Children Mark H. Bonner Jennifer A. Sheriff Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Family Law Commons Repository Citation Mark H. Bonner and Jennifer A. Sheriff, A Child Needs a Champion: Guardian Ad Litem Representation for Prenatal Children, 19 Wm. & Mary J. Women & L. 511 (2013), https://scholarship.law.wm.edu/wmjowl/vol19/iss3/3 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl A CHILD NEEDS A CHAMPION: GUARDIAN AD LITEM REPRESENTATION FOR PRENATAL CHILDREN MARK H. BONNER & JENNIFER A. SHERIFF* INTRODUCTION I. THE ROLE OF GUARDIANS AD LITEM IN THE UNITED STATES AND FOREIGN JURISDICTIONS A. The Role of Guardians Ad Litem in the United States B. The Role of Guardians Ad Litem in Foreign Jurisdictions C. The Rights of Prenatal Children Under International Law II. LEGAL PROTECTION FOR PRENATAL CHILDREN A. Guardians Ad Litem Are Already Being Appointed for Prenatal Children in Certain Legal Contexts B. Compelled Medical Treatment for Prenatal Children Against Their Mothers’ Wishes C. Legal Prohibitions Against Harming Prenatal Children Outside the Context of Abortion 1. Criminal Prosecution of Third Parties Who Harm Prenatal Children 2. Civil Penalties for Third Parties Who Harm Prenatal Children 3. Civil Actions Against Mothers Who Harm Their Prenatal Children 4.
    [Show full text]
  • Argentina Submission to the United Nations Committee on the Elimination of All Forms of Discrimination Against Women 65Th Session, 24 October-18 November, 2016
    ARGENTINA SUBMISSION TO THE UNITED NATIONS COMMITTEE ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN 65TH SESSION, 24 OCTOBER-18 NOVEMBER, 2016 Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2016 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2016 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: AMR 13/4898/2016 Original language: Spanish a mnesty.org CONTENTS 1. INTRODUCTION 4 2.1 NON-PUNISHABLE ABORTION IN ARGENTINA: 4 Recommendation: 5 2.2 OBSTRUCTING ACCESS TO LEGAL ABORTIONS 5 Recommendations: 5 2.3 CRIMINALISATION OF SEXUAL AND REPRODUCTIVE RIGHTS 6 Recommendations: 7 2.4 ESTIMATED NUMBER OF CLANDESTINE ABORTIONS 7 Recommendation: 7 2.5 LACK OF ACCESS TO DRUG-INDUCED ABORTIONS 7 Recommendation: 8 2.6 MATERNAL MORTALITY RATE IN ARGENTINA 8 Recommendation: 9 2.7 INFORMATION ON THE PRACTICE OF LEGAL ABORTIONS 9 Recommendation: 10 2.8 SITUATION OF GIRLS AND FEMALE ADOLESCENTS 10 Recommendations: 12 2.9 INFORMATION ACCESS AND PRODUCTION 12 Recommendations: 12 3.
    [Show full text]
  • To Legalizing Abortion: a Comparative Analysis of Ireland, the United States and Argentina
    ARGENTINA’S PATH TO LEGALIZING ABORTION: A COMPARATIVE ANALYSIS OF IRELAND, THE UNITED STATES AND ARGENTINA Andrea F. Noguera* INTRODUCTION .......................................................................................... 357 I. ABORTION IN THE UNITED STATES AND ARGENTINA ............................ 360 A. The Extent to Which the United States and Argentine Supreme Court Decisions Recognize a Woman’s Right to Abortion .................................................................................. 360 1. The United States: Roe v. Wade and its Progeny ................ 360 2. Argentina: F.A.L. s/ medida autosatisfactiva ...................... 363 B. The Argentine Supreme Court’s approach, unlike the United States, recognizes an obligation of the State to assist women in obtaining an abortion ............................................. 369 C. Rights and Remedies as Two Sides of the Same Coin: Positive and Negative Duties .................................................. 372 II. ARGENTINA’S 2018 CONGRESSIONAL DEBATE: THE POINT OF NO RETURN .......................................................................................... 374 A. The Effect of the Language Used in the Slogans of Opposing Sides: “Pro-Choice” Versus “Pro-Life” ................................ 374 1. The Main Arguments Discussed During the 2018 Debate .. 375 a. The Right to Abortion as a Human Right 376 b. The Proportionality Test 378 c. Abortion as a Central Issue of Public Health 381 d. Individual Versus Institutional Conscientious Objection 382 * Andrea Noguera graduated from Universidad Nacional de Tucumán, Argentina, and earned an LL.M. in Civil Liberties and Human Rights in May 2019 at Southwestern Law School, Los Angeles, California. The author would like to thank Sabrina Frydman, a Human Rights Argentinian lawyer, for being an inspiration and providing ideas, comments, and confidence; Professors Jonathan Miller and Alexandra D´Italia, for providing guidelines and useful suggestions; and Sharrel Gerlach, Southwestern Law School librarian for providing research tools.
    [Show full text]