Shortly after decriminalization, from January 2021 to June 2022, 106,764 voluntary and legal pregnancy terminations were performed nationwide [6]. However, in the special report of the Regional Alert System on Sexual and Reproductive Rights by the Articulación Feminista Marcosur, a total of five alerts were reported from 2021 to 2022; two of these five were related to abortion, this means that even though the country has decriminalized abortion, violations of the right to abortion still occur [3]. It is also relevant to mention that most people perform a medical abortion at home. From the people who decided to complete an abortion in the hospital, most of them opted for the MVA method [12].
Law & Regulation
Argentina’s abortion rights
“The purpose of this law is to regulate access to voluntary interruption of pregnancy and post-abortion care, in compliance with the commitments assumed by the Argentine State in matters of public health and human rights of women and people with other gender identities with gestational capacity and in order to contribute to the reduction of preventable morbidity and mortality.”
ACCESS TO VOLUNTARY INTERRUPTION OF PREGNANCY – LAW 28610 – ARTICLE 1
In January 2021, Argentina expanded abortion access rights, approving the voluntary termination of pregnancy [4].
Voluntary interruption of pregnancy (VTP)
It is the right to abortion without reasons that justify their decision; people have until the 14th week [4].
- To be within the 14th weeks
- Signed informed consent
Voluntary interruption of pregnancy (VTP)
It’s the right to abortion under the following grounds:
- Pregnancy is the result of rape.
- The life or health of the pregnant person is in danger [4].
- Sign informed consent
- Cases of rape: Sign an affidavit.
- Cases of gander to life or health: the health team must verify and record in the medical records the abortions.
Can minors request the abortion process autonomously?
- Adolescents over 16 years old can access it without parental assistance.
- They can generally access without assistance from 13 to 16 years old; however, if the VTP/LTP implies a risk to their health or life, the person must be assisted by a person who formally or informally exercises caregiving roles.
- People under 13 years of age need assistance from someone who formally or informally exercises caregiving roles; this person must also sign the informed consent form [4].
Current news related to the violation of abortion rights
DETENTION OF ACTIVISTS MEMBERS OF SOCORRISTAS EN RED
Despite the legalization of the voluntary interruption of pregnancy in 2020, on December 21, 2022, in Villa Maria, Cordoba, two Socorristas (accompanies to the abortion process) were arrested and accused of illegal practice of medicine. In addition, a doctor was also arrested and charged with concealment. This unfortunate event shows that abortion is still stigmatized and persecuted [13].
DEPRIVATION OF THE RIGHT TO ABORTION
The NGO Grávida was accused of attempting to prevent the legal termination of the pregnancy of a 12-year-old girl whom her father abused [14].
Facts & Numbers
How many abortions are performed in Argentina?
There are currently two studies that show the number of how many abortions performed. The most recent done by Amnesty International shows that shortly after decriminalization, from January 2021 to June 2022, a total of 106,764 voluntary and legal terminations were performed nationwide [6]. And the other one was conducted by the Ministry of Health one year after the legalization of abortion; they found that 32,759 people performed voluntary interruptions of pregnancy in public health services [5].
The Ministry of Health study data also shows that in 2021, 340 more health centers and public hospitals started guaranteeing this right than in 2020; this study also showed done by the Ministry of Health found that abortions with Misoprostol doubled, ensuring safe pregnancy terminations [5].
Public Opinion
What Argentinians believe about abortion
Opinion on the legal status of abortion in Argentina has varied over the years. According to a survey by Statista in 2021, more than half of the people agree with the legalization of abortion; they believe it is a right. On the other hand, slightly less than half of the participants stated that abortion should be prohibited, since life begins at conception. A small portion of respondents neither agreed nor disagreed [7].
Abortion Seekers
Who are the people who have requested legal abortions?
In 2021, Socorristas en Red (SenRed) met with 13,502 people with the prospect of abortion to offer them information on the safe uses of medication and accompaniment; of that total, 11,781 people were assisted in the interruption of pregnancies. The report also gathered information regarding gender self-perception, in which 99% were women, and 1% included no gender, no binaries, trans males, and lesbians. The regions where SenRed assisted abortions this year were Buenos Aires, the Northwest, Centre, Patagonia, Coastline, and Cuyo [8].
Abortion Methods
How to abort in Argentina
One year after Argentina legalized voluntary termination of pregnancy (VTP), it is possible to access abortion using Mifepristone and Misoprostol, only Misoprostol and abortion with instruments such as Manual Vacuum Aspiration. The fight for safe abortion in Argentina has not been easy, as after the legalization, feminist activists fought to allow access to Mifepristone in the country [9]. There is also concern regarding access to safe and free abortion services in all states.
Cultural Context
How does the cultural environment affect
access to abortion in Argentina?
Although abortion law and services are legal throughout Argentina, there are systematic inequalities that prevent many people from accessing abortion services, with the most significant barriers occurring in the poorest areas of the country [11]. For example, in the city of Rio Grande, doctors refused to perform the termination of pregnancy to at least 34 people from this region, and they had to travel 220 kilometers to the Regional Hospital of Ushuaia [6].
Within the indices that measure the Argentine context, it can be seen that: the Literacy Level in 2018 was 99%, Access to Clean Fuels for Cooking was 99.9% in 2020, the Hunger Index was at 5.3 in 2021 (being 0 no hunger and 100 worst hunger), the Human Rights Index in 2022 is at 3 (being 0 high and 10 low), and the Global Gender Gap Index is at 0.756 (being 0 gap and 1 no gap).
This data aims to determine whether the entire population is provided with the minimum social conditions necessary to live a healthy and happy life. Consequently, the information helps to understand the context in which people decide whether to continue or terminate the pregnancy. In many instances, people would like to continue their pregnancy, but their social system is not designed to support them. Similarly, people would want to interrupt their pregnancy, but the system does not allow them to exercise their rights.
Stigma and lack of information about abortion
Abortion stigma is a big challenge to accessing safe abortion rights since it also creates misinformation. The Centro de Estudios de Estado y Sociedad (CEDES) conducted a study that shows that most people surveyed did not know the law or where they could find information about abortion, almost half of the people (49%) did not know where they could get an abortion, and 60% did not know when an abortion is legal.
The primary source of information, according to the study, comes from friends (4 out of 10), then from health institutions (3 out of 10), and lastly, from the Internet and family (1 out of 10); this indicates that people seek input from those close to them. For this reason, it is essential to reduce stigma and expand knowledge so that, despite the difficulties, people can make informed decisions [12].
Hospitals and health centers
The lack of health services offering abortion services is another significant challenge to abortion rights. In 2020, a study by the feminist magazine La Mala Fe found that only 1,3727 of the 6.5 thousand hospitals and health centers in Argentina provided services for voluntary termination of pregnancy, hindering access to the right, which means only one-fifth of the facilities. Thus, it is evident that the right to abortion in Argentina is not fully satisfied, violating the law since it is not fully guaranteed [15].
Misogyny in the health syste
In addition to the lack of health care rights, SedRed in 2021 reported that 71% of people suffered some misogynist violence, and only 20% denounced it through state agencies and/or some social protest. Violence in the healthcare system is the result of the structural abortion stigma within health professionals that highlights gender inequality [8] [12].
Rufina, 39 years old, CABA
Impact of COVID-19
How did the Corona pandemic influence
abortion in Argentina?
Las Redes Feministas de Acompañantes de Aborto (Feminist Network of Abortion Companions) have shown how important they are in Latin America, providing access to self-managed abortions and guaranteeing safe abortions during the International emergency caused by the virus Covid-19 the networks responded to the abandonment of the state and government by providing safe spaces for providing information regarding current laws and the use of medications.
A study by Comité de Planeación during the pandemic found that the state did not prioritize abortion, causing significant obstacles. Still, the Accompaniment Networks continued their work accommodating the restrictions of the pandemic, providing alternatives where people could receive abortions in a dignified manner [16].
One such organization is SenRed, which accompanied 13,377 abortions before the pandemic, 15,297 during 2020, and 11,781 in 2021 after the decriminalization. It also collected data on the employment status of people who had abortions, showing an increase of 2% in unemployed people during the pandemic; however, this percentage dropped in 2021, a year in which formal employment also increased [8] [17] [18].
What we don’t know
The Argentinian abortion data gap
Although some data is available from the health system, NGOs provide more critical information. However, to draw a complete picture of the abortion situation in Argentina, studies would require answering the following questions:
*This page presents abortion data mainly for women and girls, since the information available is usually not separated by gender. However, AbortionData.org acknowledges this limitation.
Sources
Where did we get our information from?
[1] Romero, M. & Moisés, S. (2020). El aborto en cifras. REDAAS. https://www.redaas.org.ar/archivos-actividades/187-El%20aborto%20en%20cifras,%202020%20-%20MR%20y%20SM%20-%20REDAAS.pdf
[2] Trejos, C. & Vargas, P. M. (2022). Colombia: historic advancement in the decriminalization of abortion. Center for Reproductive Rights. https://reproductiverights.org/wp-content/uploads/2022/10/Colombia-historic-advancement-in-the-decriminalization-of-abortion.-Regional-perspectives-OK-1.pdf
[3] González Vélez, A. C., & Cotidiano Mujer, A. F. M. (2022). El aborto en América Latina: una lucha agridulce – Informe especial. Sistema de Alertas Regional Derechos sexuales y reproductivos. https://www.cotidianomujer.org.uy/wp-content/uploads/2022/12/InformeSAR_vX06.pdf
[4] Acceso a la interrupción del embarazo: IVE/ ILE. (2022). Argentina.gob.ar. https://www.argentina.gob.ar/salud/sexual/acceso-la-interrupcion-del-embarazo-ive-ile
[5] Ramos, S. R. (2021, 30 diciembre). Aborto legal: las cifras de la Argentina a un año de la sanción de la Ley IVE. La Nacion. https://www.lanacion.com.ar/sociedad/aborto-legal-las-cifras-de-la-argentina-a-un-ano-de-la-sancion-de-la-ley-ive-nid30122021/
[6] Télam – Agencia Nacional de Noticias. (2022). Amnistía Internacional destacó avances en Argentina con la ley de aborto. Telam SE. https://www.telam.com.ar/notas/202212/615779-amnistia-internacional-argentina-ley-aborto.html
[7] Statista. (2022). Argentina: reasons for or against abortion legalization 2021. https://www.statista.com/statistics/1192968/argentina-abortion-legalization-reasons/
[8] Socorristas en Red (feministas y transfeministas que abortamos). Sistematización a acompañamientos a abortar 2021. [Online] Available at: https://socorristasenred.org/sistematizacion-2021/
[9] Ramírez, C. (2021). Mifepristona: hacia un aborto legal, seguro, gratuito y de calidad. Diario El Ciudadano y la Región.
https://www.elciudadanoweb.com/mifepristona-hacia-un-aborto-legal-seguro-gratuito-y-de-calidad/
[10] Banco de Recursos de Comunicación del Ministerio de Salud de la Nación | Protocolo para la atención integral de las personas con derecho a la interrupción voluntaria y legal del embarazo. Actualización 2021. (s. f.). https://bancos.salud.gob.ar/recurso/protocolo-para-la-atencion-integral-de-las-personas-con-derecho-la-interrupcion-voluntaria
[11] Castañón, C. (2022). Lessons from Argentina’s abortion law. FairPlanet. https://www.fairplanet.org/story/lessons-from-argentinas-abortion-law-and-its-shortcomings/
[12] Tiseyra, M. V., Vila, M., Romero, M., Abalos, E. & Ramos, S. (2022). Barreras de acceso al aborto legal en el sistema público de salud de dos jurisdicciones de Argentina: Rosario y Ciudad Autónoma de Buenos Aires, 2019-2020. CEDES. https://repositorio.cedes.org/bitstream/123456789/4699/3/Salud%20Colectiva%2818%292022.pdf
[13] A pesar de la ley, detuvieron a tres socorristas por acompañar abortos. (2022). El Numeral. https://elnumeral.com/2022/12/26/a-pesar-de-la-ley-detuvieron-a-tres-socorristas-por-acompanar-abortos/
[14] Denuncian a Grávida por obstruir los derechos de la niña abusada. (2023). Info News. https://infonews.com/denunciaron-a-gravida-por-obstruir-el-ejercicio-de-los-derechos-de-la-nina-abusada.html
[15] La Mala Fe. (2022). A dos años de su promulgación, el acceso al aborto en Argentina aún arrastra brechas. https://lamalafe.lat/a-dos-anos-de-su-promulgacion-el-acceso-al-aborto-en-argentina-aun-arrastra-brechas/
[16] Comité de Planeación (2022). Explorando el activismo vinculado al aborto seguro a través de las experiencias e historias de feministas que integran Redes de Acompañamiento en América Latina (2020-2021). Primer informe de resultados – Mayo del 2022. http://larevuelta.com.ar/wp-content/uploads/2022/05/Informe-Activismo-MAYO-2022.pdf
[17] Socorristas en Red (feministas y transfeministas que abortamos). Sistematización de acompañamientos a abortar realizados en el año 2020 durante el primer año de pandemia por COVID 19. https://socorristasenred.org/sistematizacion-2020/
[18] Socorristas en Red (feministas y transfeministas que abortamos). Sistematización de acompañamientos a abortar realizados en el año 2019. https://socorristasenred.org/sistematizacion-2019/
