Two days after the Senate passed the bill that legalizes abortion, Federal Court No. 2 of Salta, headed by Miguel Medina, enabled the January fair to deal with a request for unconstitutionality. The request was received by the federal prosecutor Ricardo Rafael Toranzos, who requested the treatment of the lawsuit.
The complainants maintain in the letter that the protocol that was approved in Congress is “Unconstitutional as long as it eliminates the state duty to protect the right to life of an undetermined number of unborn children by virtue of the illegal extension of criminal responsibility to cases not provided for in the factual cases contemplated in art. 86, paragraphs 1 and 2 of the Criminal Code of the Nation ”.
In addition, they argue that “it enables cruel and inhuman acts prohibited by article 18 of the National Constitution to be carried out, such as killing embryos with the heart already beating and fully formed fetuses since no time limit is set.”
Among the promoters is the former senator of the Renewal Party María Fiore Viñuales.
The bill passed with force of law by the Senate allows the interruption of pregnancy until the 14th week of gestation and regulates the conditions for access to this practice, while allowing conscientious objection by health personnel.
The law also establishes the right of women and people with other gender identities with the ability to gestate to decide to terminate pregnancy, request and access abortion care, and receive post-abortion care in the health system services.
On December 10, the same group of complainants had filed a collective demand for the Justice to declare the unconstitutionality of the protocol for non-punishable abortion that the Minister of Health, Ginés González García, had presented in December 2019.
He The petition was presented 20 days ago in the same court and involved a complaint against the Ministry of Health of the Nation. The aim was to “promote declaratory action of unconstitutionality, in the terms of art. 322 of the Civil and Commercial Procedure Code of the Nation (CPCCN), the unconstitutionality of the aforementioned protocol, that the ‘human being’ exists from the moment of conception, that our National Constitution considers the human being a ‘child’ from the moment of conception and that due to this condition the unborn child has an intrinsic right to life of which it cannot be deprived ”.
Tucuman senator Silvia Elías de Pérez, one of the main critics of the abortion law, had anticipated that there would be legal presentations alleging the unconstitutionality of the law. “If the bill becomes law we will go to court to have it declared unconstitutional. Argentina has been bound by very high standards of protection of life since conception, ”he said Tuesday during the treatment of the bill in the Senate.
“This project is wearing our Constitution. Lor the only one that obligates a country, is what the country itself obligates itself to. Our country has been obliged, and this is very good for the highest standards of protection of life from the moment of conception and it has done so with the international treaties it has signed, “he explained.
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