The iconic green bandana that has become a symbol of the fight for reproductive rights in Argentina. Source: Wikimedia Commons. All Rights Reserved.
Latin America is one of the regions in the world that has
the strictest policies regarding female reproductive rights. However, we are
currently witnessing an unprecedented civil backlash against these restrictions
led by women in Argentina.
Thanks to the pressure placed on politicians by the feminist
movement #AbortoLegalYa, on the 14th of June the draft bill that
would legalise abortion was passed through the Chamber of Deputies with 129
votes in favour and 124 against. Now the draft bill must pass through the
Senate, where it will be voted on the 8th August.
Women’s rights advocates across Latin America anxiously
await the results of this crucial vote. If the bill is passed, Argentina will
become the fifth country of the region to completely legalise abortion along
with Cuba, Guayana, Puerto Rico and Uruguay.
It would also be the first of
Latin America’s major powers to do so, and as a consequence could influence
others in the region to take a similar stance.
This is what you need to know about the debate and the
current draft bill:
Content of the bill: The bill passed by the Chamber of
Deputies allows for the voluntary interruption of a pregnancy up until the 14th
week, and endorses not just the decriminalisation of abortion but also its
legalisation. In other words, women would not only no longer be criminalised
for aborting but they would also be able to access safe and free abortions
through the national health care system. Although the project recognises the
right to individual conscientious objection, it ensures this should not
constitute a barrier to women accessing abortions.
Historical context of the bill: It’s the seventh time that
the National Campaign for Legal, Safe and Free Abortions has presented the
draft bill in the last 13 years, however this time it’s with the support of
over 500 women’s rights organisations and for the first time, with the
commitment from the President that the final result will be respected. This
occurs in the context of months of street mobilisations preceding the vote
where activists in favour of the legalisation of abortion took to the streets
with the iconic green bandana which has become a symbol of the fight for
reproductive rights in Argentina.
How the process works: The draft will now needs the approval
of the majority of the senators in order to become national legislation. There
are three possible results at this moment in time: that the Senate rejects the
bill, that they approve it, or that they approve it with alterations. If the
Senate alters the bill, it will have to return to the Chamber of Deputies, and
if they reject it the draft bill will be archived until 2019. Many senators
have already presented modifications such as senator Pinedo, who has attempted
to restrict the proposals approved with a measure that would force women to
continue with their pregnancies then put their baby up for adoption.
The political positions within the Senate: There is a slight
advantage of legislators who reject the legalisation of abortion, but there are
also a significant number on legislators who are undecided, and how they vote
will help determine the results. Out of the 72 members of the Senate, 26 have
pronounced themselves as against the bill, 29 have yet to decide, and only 17
have declared they are in favour. Throughout the process, many senators have
changed their stance, like ex-president Cristina Kirchner, who had always
proclaimed herself to be against the legalisation of abortion, but declared
recently on twitter that she would vote along with her block FPV-PJ in favour
of the bill.
What can we expect now?
The leaders of the majority blocks within the Chamber of
Deputies Muguel Pichetto and Luis Naidenoff believe the bill will be approved.
However, the vote in the Chamber, in which there was more support for the
legalisation of abortion than there is in the Senate, indicates the result is
completely unpredictable.
There was uncertainty until the final moments of the vote as
all blocks were divided on the issue, apart from the left which was the only
group that positioned themselves in favour of legalisation.
In a few days, the result from the vote in the Senate will
be revealed and a rejection of the bill is highly likely in a country where the
Catholic church remains an important political actor. However, the successful permanent
street demonstrations that have mobilised argentines around the country,
provides hope to the #AbortoLegalYa movement and reproductive rights advocates
across the Americas.