Advancing Women's Sexual and Reproductive Rights in Argentina

Advancing Women’s Sexual and Reproductive Rights in Argentina Challenges to Implementing International Law GLORIA BONDER, MARJAN RADJAVI AND CARLOTA RAMIREZ Depuis les 30 dernières années promotion and protection of hu- occurred in conjunction with struc- l’Argentine a connu des changements man rights and in developing par- tural adjustment policies imposed dans la législation et les politiques ticipatory citizenship in the coun- by the International Monetary qui visaient à incorporer les droits try. Over the last three decades these Fund (IMF), the World Bank and humains internationaux dans le dis- organizations have, collaboratively other financial institutions, creat- cours relatif aux femmes et à l’Etat. and independently, developed and ing tensions and contradictions. L’auteure met en évidence le rôle des strengthened transnational net- It took place in the context of the ONG qui furent les médiateurs au works, created regional and interna- wider (and expansive) environment stade de l’internationalisme. Elle tional alliances, organized national of regional and global integration explique comment les normes inter- meetings, participated in interna- and at a time in history when more nationales de concert avec la société tional and regional human rights than ever before human rights were civile ont pu influer sur les lois et les and women’s conferences, coordi- recognized as pertaining to all indi- politiques nationales relativement aux nated campaigns and disseminated viduals (Barreiro). These political, droits sexuels et reproducteurs et pour information through websites and social, and economic changes in amorcer un changement social et poli- publications, playing a leading role the national and international sce- tique. in securing reforms in women’s nario provided an opportunity for rights, and holding the Argentinean Argentinean women’s and feminist Este artículo describe los cambios en government accountable. One out- organizations to incorporate issues la legislación y las políticas que han come of these actions has been the of gender equality and women’s ocurrido en Argentina, durante los constitutional reform of 1994 that rights into the political agenda. The últimos 30 años, con el propósito de incorporated international human women’s movement that emerged incorporar los derechos humanos in- rights treaties into national legisla- after years of violence and authori- ternacionales dentro del discurso de tion, providing new opportunities tarian regimes,1 found it imperative las Mujeres y el Estado. Se centra en el and tools to demand the state fulfill to prioritize respect of human rights nivel internacional, particularmente its obligations to women and men. and the rule of law in their actions, en el papel de las ONGs como mediad- Yet, the progress obtained in these entailing demands for gender justice ores de este proceso. Se identifica cómo last decades has unveiled new prob- along with efforts for restoration of actores de la sociedad civil aprovechan lems, and unresolved issues remain democracy and active citizenship las normas internacionales para im- (Molyneux). pactar las leyes y políticas nacionales Democracy and Gender Equality At the national level this move- en relación a los derechos sexuales y ment expressed the complexity reproductivos y cómo se lideran trans- In the 1980s Argentina, like most and diversity of its constituency of formaciones sociales y políticas. countries in Latin America, transi- feminist and non-feminist groups, tioned from an authoritarian and academics, and government organi- Although very young in years, Ar- military regime to a democratic po- zations focusing on gender, women gentinean women’s and human litical system initiating a complex from political parties and trade rights organizations have grown to process of democratization both at unions, and various other actors. become indispensable actors in the the political and social level. This Due to this diversity, there emerged VOLUME 27, NUMBER 1 121 multiple and contradictory practices 1994 entrenching all international conservative resistance spearheaded and discourses about the roles of the human rights treaties signed by primarily by the Catholic Church.11 State, international organizations Argentina, including CEDAW.9 The The law established the creation of (particularly the United Nations incorporation of these treaties into a national program for sexual health and the Organization of American the new constitution established and responsible procreation with States , and the Catholic Church.2 the right to equal opportunities and emphasis on prevention and early However, despite such differences, treatment for men and women as detection of STDs and HIV infec- for over more than two decades well as political participation guar- tion, free and universal provision of women’s organizations and feminist anteed by positive measures.10 With contraceptives, access to informa- groups in the country have worked this reform and the new status of tion and counseling, the promotion together on a number of initia- CEDAW, Argentina began to review of female participation in decision- tives for the promotion of women making, and improvement in the rights.3 From 1986 the Argentinean quality and extent of sexual and re- women’s movement has convened The women’s productive health services. 22 national meetings with an ever Despite these advances, there re- increasing involvement; augment- movement that mains a sobering gap between equal- ing participation from 900 indi- emerged after ity legislation and its place in the viduals during the first meeting to lives of women. An illustration of more than 30,000 in the last two.4 It years of violence these disparities is the rate of mater- has also built a progressive ability to and authoritarian nal mortality,12 which in Argentina utilize international human rights regimes, found between 2005 and 2006 increased instruments to lobby for and pro- from 39 deaths per 100,000 live mote gender justice and to strength- it imperative to births to 48 per 100,000.13 Accord- en democracy. These joint efforts prioritize respect of ing to data provided by the Office of have aided in achieving important Statistics and Health Research,14 of gains in national and provincial leg- human rights and the 279 deaths registered in 2005, islations and policies. the rule of law in 28 percent of women died during Prior to the reestablishment of their actions. abortions. Compared with other the democratic system, in the 1980s countries in the region, the high the Argentinean feminist and wom- mortality rate reflects the prevalence en’s movement capitalized on State of unsafe, illegal, and unregulated signature of the Convention on the its legislation to eliminate discrimi- abortions, as well as barriers to ac- Elimination of all forms of Discrim- natory provisions in order to com- cess to contraceptives, and lack of ination Against Women (CEDAW)5 ply with the rights set out by the autonomy over sexuality.15 This situ- to pressure political parties to in- convention. Over the next 15 years ation has been the cause of concern clude women in their agendas. In the national Congress approved a for both the CEDAW and the ECO- 1983 the newly elected democratic significant number of laws that have SOC Committees of the United Na- government created the first Na- had a profound impact, changing tions as it contravenes both CEDAW tional Mechanism for the Advance- the lives of Argentinean women and the International Convention ment of Women6 and over the next and more importantly, challenging on Economic, Social and Cultural decade, 21 provincial women’s of- ingrained cultural and institutional Rights.16 fices at varying stages of institution- barriers to women’s advancement. Feminist scholars have argued al development were established. In addition to changes in legisla- that sexual and reproductive rights, While CEDAW was signed in 1980, tion, the government, through its indeed the exercise of all rights, democracy only returned in 1983 different offices, began to develop involve two key elements: power with the first democratic election and implement a new series of poli- and resources. The first is an es- since 1976. Argentina was also the cies and programs in an attempt to sential condition for autonomous, first country in the region to pass comply with its international obli- informed decisions; the second is affirmative action legislation to fos- gations. necessary to exercise decisions in a ter women’s political participation7 safe and effective manner (Correa having an immediate impact on the Sexual and Reproductive Health and Petchesky). With this under- composition of the legislature, ini- standing, feminists participating in tially in the house of representative In the area of health, a national law the women’s movement affirm that and later in the senate.8 Another sig- of sexual health and responsible par- women’s sexual and reproductive nificant advance in legislation was enthood was passed by Congress in rights must include freedom and the reform of the Constitution in October 2002 defying decades of autonomy to decide if one wants 122 CANADIAN WOMAN STUDIES/LES CAHIERS DE LA FEMME children, how many and in which al factors, as well as by State/non- used international human rights in- conditions, as well as demand ac- State relationships. Notably, global struments to advocate for women’s cess to all social, political, economic norms are influenced by national rights particularly on issues of sexual and cultural

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