The IVE project will be submitted for consideration in a special session that It began after 4 p.m. and in which the majority of legislators will participate remotely, as has happened since the coronavirus pandemic was declared. Only presence will be allowed little more than a dozen senators in the room. The rest of the legislators will have to deliver their speeches through the Webex platform that has been in use since May and that worked without major problems during the pandemic months.
The list of speakers for the session has 59 legislators listed, so the vote is estimated to occur around 5 a.m.
The project promoted by the Executive Power and approved by the Chamber of Deputies, on December 11 last and with 131 votes in favor, has support and rejections in the Senate, so the definition will be known as the session passes or , perhaps, at the very moment of the vote. For now, the numbers are very even, with a slight advantage in favor of the approval of the project.
The situation seems favorable to the “greens”, thanks to the fact that two of the senators who are against the legalization of the voluntary interruption of pregnancy, the Peronists Carlos Menem and Jose Alperovich, will not attend the session, the first for being hospitalized and the second for leave, after a complaint for alleged sexual abuse. Prior to the debate, the senators voted an extension of the Tucuman license that expired on December 31.
When opening the debate as an informant member of the majority opinion, the senator of the Frente de Todos and head of the Women’s Bank, Norma Durango, with green glasses and the scarf of the National Campaign for the Right to Legal, Safe and Free Abortion on the wrist, indicated: “Today we are once again witnessing a historic debate. Once again we have the possibility of legislating by and for women and people with the ability to gestate “.
“I come to occupy this bench on behalf of the women who died from clandestine abortions. Abortion is a reality and has existed since time immemorial. The alternative is legal abortion or clandestine abortion. And if the abortion is clandestine, women will continue to die,” he said. .
In addition, he informed that during the regulation of the project that the Executive Power will make a change in the wording of two articles, one of the modifications requested by the Rio Negro senator Alberto Weretilneck, which would ensure your positive vote. Specifically, the concept of “integral health” will be removed from the causes of ILE, which will continue to be those existing today: when the pregnancy was the result of rape or if the life or health of the pregnant person is in danger.
The head of the Health Commission, where the project also passed, the radical Mario Fiad, marked his position of rejection of the legalization of abortion and stated that “for Argentina one is a child from conception.”
“If this bill becomes law, dreams, projects, opportunities will be aborted for those girls and women for whom we will not change their dramatic reality of daily vulnerability, neither structural poverty nor lack of education”, he warned.
Legal abortion: the undecided
On the other hand, there are several legislators who have not yet made their vote known and who could tip the balance to one side and the other.
Among them are the catamarqueño Oscar Castillo, Neuquina, Lucila Crexell, and the entrerriana Stella Maris Olalla, all from the Together for Change interblock.
The official entrerriano Edgardo kueiderNor did he reveal how he will vote, but his signature in the opinion in partial dissent, after a week of hearings in which more than fifty specialists participated, served so that the project could reach the premises.
Kueider’s position was similar to that of the representative of Juntos Somos Río Negro, Alberto Weretilneck, who is in favor of the project but last week asked for some changes and warned that if his request is not heard, he will abstain at the time of voting.
Another of those who demanded modifications was the Cordoba Ernesto Martinez, who also agrees with the legalization of abortion and who could suggest changes to the initiative that, if sufficient support is obtained for its modification, it should return to Congress.
From the ruling party, meanwhile, they affirmed that it is not planned to change the text and spokesmen for the Front of All assured that they will not endorse any modification in the file.
The IVE project did not receive changes compared to the version voted last December 11 in the Chamber of Deputies with 131 votes in favor, 117 against and two abstentions. Despite the demands of various senators to include modifications, the ruling party remained firm in approving the initiative as is to prevent it from returning to the lower house.
Thus, the initiative legalizes abortion up to week 14 inclusive and provides that outside that period, access may be made through the three causes established today by non-punishable abortion: if the pregnancy is the result of rape, if the life or integral health of the pregnant person is in danger .
In addition, it gives a maximum time of 10 consecutive days for the pregnant person to access a safe abortion after requesting it in the health services. The project also proposes comprehensive health care throughout the entire process, as well as access to information on contraceptive methods.
During its passage through the Chamber of Deputies, the official initiative underwent a series of changes regarding the conscientious objection. Although the text did not enable institutional conscientious objection, as claimed by the celestial sector, a medical institution was allowed to excuse itself from carrying out the practice in the event that all its professionals are registered as objectors.
In the original wording, at least one professional from the payroll was required to be available to perform abortion practices in case a patient requested it. After the changes, the institution may refuse but must take over the referral of patients immediately and without delay, based on previously stipulated agreements with other health providers.
Social and prepaid works must include comprehensive and free coverage for voluntary termination of pregnancy, which will be included in the National Program for the Quality Assurance of Medical Care and in the PMO with full coverage.
The project also contemplates the pertinent modifications to the Penal Code to guarantee the decriminalization of abortion and the corresponding penalties in case of non-compliance with the law.
Thus, it decriminalizes abortion carried out with the consent of the woman or pregnant person until the 14th week inclusive and outside that period, provided that the corresponding causes are met and establishes penalties of three months to one year and “special disqualification for twice the time of the condemnation ”to the authority of a health establishment, health professional or personnel who unjustifiably delays, obstructs or refuses to perform an abortion in legally authorized cases.
Meanwhile, the bill also establishes a penalty of “three months to a year” to the pregnant person who, after week 14 “and provided that the assumptions provided for in article 86 do not mediate, cause their own abortion or consent to another I will cause it ”and clarifies that“ the penalty may be waived when circumstances make the conduct excusable. The attempt of the pregnant person is not punishable ”.