Abortion in Argentina

Abortion in Argentina is legal as an elective medical procedure during the first 14 weeks from conception. The abortion law was liberalized when the Voluntary Interruption of Pregnancy Bill was passed by the National Congress in December 2020. According to the law, woman in Argentina can request the procedure at any public or private health facility. Doctors are legally bound to either perform it or, if they are conscientious objectors, refer the patient to another physician or health facility. Only three other Latin or South American countries legalized abortion on request nationwide before Argentina did: Cuba in 1965, Guyana in 1995, and Uruguay in 2012. According to polling in 2020, around 44% of Argentines support the legalization of abortion on request; other polls showed 50–60% of Argentines opposed the bill.

The Voluntary Termination of Pregnancy (IVE, by its Spanish acronym) has been demanded by the feminist movement since the 1970s. Although from 1973 to 1991 maternal deaths decreased, spontaneous and induced abortions rose from 300,000 to 385,931. The spontaneous and induced abortions increased again to 500,000 in 2005. In 2005, the National Campaign for Legal, Safe, and Free Abortion, an organization that leads the cause for abortion legalization in Argentina, was founded. Since 2007, the Campaign has annually submitted an abortion legalization bill to the National Congress, but it was added to the legislative agenda for the first time in 2018, when then President Mauricio Macri sponsored the debate. The bill was passed by the Chamber of Deputies, but rejected by the Senate. In 2020, newly elected President Alberto Fernandez fulfilled his campaign promise and sent a new, government-sponsored bill (slightly different to the one written by the Campaign) for legalizing abortion on request up to the 14th week of pregnancy. It was passed again by the Chamber of Deputies, and this time, by the Senate, in December 2020.

Prior to 2021, a 1921 law regulated access to and penalties for abortions. Any woman that intentionally caused her own abortion or consented to another person performing one on her, was faced with one to four years of prison. In addition, any participant in the procedure could face up to fifteen years of prison, depending on the consent given by the woman, her eventual death, and the intent of the participant. The same penalty applied to doctors, surgeons, midwives, and pharmacists that induced or cooperated in the induction of an abortion, with the addition of a special license withdrawal for two times the length of their sentence. However, abortion could be performed legally by a certified doctor if:

  • It had been made to avoid a threat to the life or health of the woman, and this danger could not be avoided by other means;
  • The pregnancy was a result of rape, or an indecent assault against a feeble-minded or demented woman.

A report from 2005 estimated there were around 370,000 to 520,000 both legal and illegal abortions per year in Argentina. In 2023, Argentina's Ministry of Health reported that 96,664 abortions took place in Argentina in 2022 following legalization in 2021. Many failed abortion attempts and deaths due to them were not recorded as such and/or were not notified to the authorities. Enforcement of anti-abortion legislation was variable and complex; there are multiple NGOs providing women with help to access drugs that can interrupt pregnancies, as well as doctors who openly perform the procedure. The anti-abortion movement, along with the Catholic Church, lobbied against the legalization of abortion, and threatened to take the new abortion law to court.

Indymedia

Indymedia is a news site initiated to give activists a platform to discuss social issues. Through this platform, activists are welcome to report and give insight on worldly events. These activist raise awareness on many social issues; including but not limited to abortion. This platform has been used by many activists who believe in safe access to abortion. This site was provided through the years 2001-2005

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