Historic Abortion Debate Begins in Congress

Congress opened the first formal debate on the legalisation of abortion last Tuesday. In a historic meeting, the Criminal Law Committee commenced a series of discussions that will seek to decriminalise abortion for pregnancies of up to 12 weeks.

Advocacy Director from Human Right’s Watch, Marianne Mollmann, was the only invited speaker to the debate. Following her scathing report issued in August regarding the implementation of abortion laws, Mollmann discussed the impact of the continued criminalisation of abortion in Argentina and answered questions from selected deputies and campaigners.

“The criminalisation of abortion is incompatible with human rights,” she stated. Current abortion laws “not only bring serious consequences to the health and life of a woman who needs to terminate her pregnancy, but also creates a public health problem,” she continued. “Unsafe illegal practices are the leading cause of maternal mortality in Argentina.”

Chairman of the Criminal Law Committee, Juan Carlos Vega, made a commitment to put the decriminalisation of abortion debate at the top of the agenda next year in the lead up to the 2011 elections. Reminding the panel that there are at least 450,000 illegal abortions each year, Vega maintained that “we must open the debate,” but asserted that he takes no position either way.

As well as elaborating on the health impact of the criminalisation of abortion, Mollmann also addressed the responsibility of the Argentine government regarding human rights issues, and to incorporate international treaties into the constitution. She explained that there is a duty to “protect the right to life, health, integrity and autonomy of women”. She also noted that the state has an obligation to provide abortion services to ensure all women have “access” to safe abortion services, not just those who can afford it.

“The suffering caused by the criminalisation of abortion…is almost exclusively experienced by the poor,” she confirmed.

Working with over 280 NGOs, many members from the National Campaign for the Right to Legal, Safe and Free Abortion were present. Having already gathered almost 50 signatures from deputies for their petition demanding the legalisation of abortion, two more names were added when Juan Pablo Tunesi and Sandra Riobó announced their commitment to the initiative.

Among the speakers were Maria Luisa Storani, Vilma Ibarra, Cecilia Merchán, Marcela Rodríguez, Silvia Storni, Juliana Di Tullio, Maria Jose Lubertino and Diana Maffía. Each were given an allotted time with which to make their opinion known and to pose a question.

Maffia restated that “if clandestine abortions continue, the danger will continue”. She was among many of the speakers to bring up financial implications, discussing the huge amount of money that is currently going straight into the hands of those who conduct illegal abortions.

Cynthia Hotton and Diputada Ivana Bianchi were the only speakers present who expressed opposition to the initiative. Negatively received by the audience Bianchi announced that she was one of the people who “gets to decide”. “In this room we haven’t yet heard about the right of the unborn child,” she commented.

Answering questions from each member of the debate, Mollmann declared that while women continue to seek abortions, whether legal or not, medical officials have the obligation to meet their needs. She elaborated that if this does not change, deaths due to unsafe abortions will continue. It was announced this week that maternal mortality figures are at a 23 year high.

Mollmann also discussed the question of conception, stating that “no society has agreed when a human being begins”. She proposed that it is a misunderstanding to think that the American Convention on Human Rights protects life from the moment of conception.

Putting the debate into a global context Mollmann discussed abortion laws in other countries where abortion continues to be illegal. Discussing how such laws are implemented internationally to prevent high mortality rates she discussed Ireland and Nicaragua, and the success of the implementation of their laws.

The debate has certainly caused a stir in the general public. Outside the front of the Congress annex where the debate was held, protests grew heated: the street was divided between pro-life and pro-choice activists, each grouped on opposing sides and loudly chanting their slogans. An altercation between anti-abortion campaigners and a representative from the Catholic Church erupted in the queue to get inside the building. Inside, however, a woman was escorted from the premises after refusing to put away a poster carrying the portrait of a foetus. Commenting on the sensitivity of the issue, and the religious and philosophical considerations of the debate, Mollmann stated that she had received approximately 850 threats in recent weeks.

Following this first open debate, the lower house pledged to continue the discussions in February following the summer recess.