The women with ongoing criminal cases for abortions performed within 14 weeks of the gestational process must be automatically dismissed by the Justice as soon as between The new law 27610 on Voluntary Termination of Pregnancy (IVE) is in force, sanctioned last Wednesday by the Senate, specialists consulted by Télam assured.
The lawyer feminist Soledad Deza said that women criminalized for abortion within the first trimester of pregnancy “should immediately be dismissed.”
“It is not the same that the case is filed, they must be dismissed“, emphasized the professional, who was a lawyer for women who went through this situation, such as Belén, the young woman from Tucumán who was imprisoned for a spontaneous abortion and from whom Deza achieved freedom and dismissal. The law voted this week establishes that abortion It will be allowed until week 14 inclusive of the gestational process.
Spokespersons for the Ministry of Women, Gender and Diversity (MGyD) agreed with the lawyer. “Provided that abortions are compatible with what is now stipulated in the law (before week 14 and inclusive), jJudges and judges who intervene in these cases have to act ex officio, that is, no one has to ask for it, and they must apply the more benign criminal law, which is the new law where it is no longer a crime to commit an abortion before week 14, “they detailed.
In the same sense, an official of the Public Prosecutor’s Office spoke: “In those cases there should be no doubts,” he emphasized.
From the MGyD they clarified that the law applies “to ongoing cases, where there are people charged with committing, consenting or performing an abortion, and also in those where people have already been convicted. “They also indicated that “The criminal action is extinguished due to the absence of a crime, that is, that those people can no longer be persecuted and those deprived of their liberty are released. “
Deza, professor of Legal Feminisms at the School of Law of the National University of Tucumán, member of the Women X Women Foundation and the National Campaign for the Right to Legal, Safe and Free Abortion, insisted on the dismissal.
“The causes are filed if there is no dismissal and the file is open. So women do not obtain, for example, a certificate of good behavior to access jobs, “he stressed.
From the NGO Mujeres X Mujeres, Deza, together with Alejandra Iriarte and Mariana Álvarez, published Jaque a la Reina, a book that investigates the criminalization of abortion in Tucumán, between 2013 and 2019, an unprecedented experience in the country that they will update to 2021. The investigation revealed 534 causes of abortions “and only 1% of dismissals,” said the professional from Tucumán.
However, there are no official data on the number of women criminalized for abortion in the country, so the contributions come from NGOs as in the case of Tucumán.
Another inquiry from civil society is that of the Center for Legal and Social Studies (CELS), which began conducting a survey in 2019, and whichn last week’s update detected 1,532 women facing criminal cases for abortion and 37 for obstetric events criminalized in 17 Argentine provinces.
This monitoring, carried out together with the National Campaign for the Right to Safe and Free Legal Abortion, the San Martín University Center (Cusam) and the professionals María Lina Carrera, Natalia Saralegui Ferrante and Gloria Orrego-Hoyos, covered the period 2012-2020. It was made based on journalistic notes and requests for access to information from Public Prosecutors and Provincial Courts of Justice.
It included data from Santa Fe, Río Negro, Chaco, Chubut, Córdoba, Neuquén, Formosa, Catamarca, Corrientes, Tucumán, Mendoza, Salta, Buenos Aires, Jujuy, San Luis, La Pampa and the National Justice that is in charge of these causes in the territory of the City of Buenos Aires.
From the MPF they confirmed to the agency Telam who “have thought” to do an official survey of this type of cause “to see well what cases are still open and in which women are accused or imprisoned.”
In relation to those who are processed in this context, Deza explained that since the penalty has been reduced in the new IVE law “there are many that should obtain the dismissal” because the new norm modifies article 85 of the Penal Code.
The new wording establishes that “the one or the one who causes an abortion will be punished: 1º) With imprisonment of three to 10 years, if it acts without the consent of the pregnant person. This penalty may be increased to 15 years if the act is followed by death. of the pregnant person. 2º) With imprisonment from three months to one year, if acting with the consent of the pregnant person, after the 14th week of pregnancy and provided that the cases provided for in article 86 do not mediate “.
For the lawyer “It is unlikely that the State will act ex officio, that the dismissals are automatic, so we defenders and activists will have to deal with it. “
Once published in the Official Gazette, the law will enter into force on the eighth day.
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