Although the defeat in the vote has already been effective, the senators who voted against the legal abortion law announced that They will go to court for believing that the project is unconstitutional. That will be a battle to come in this discussion. But the Government issued a firm warning.
Silvia Elías de Pérez, a legislator for the UCR of Tucumán, warned before giving her vote that if the bill became a law they would go “to the Justice to be declared unconstitutional”, justifying that “Argentina has bound itself to very high standards of protection of life from conception. “
Other legislators spoke along the same lines. This is the case of Pablo Blanco, from the UCR, senator for Tierra del Fuego, who assured: “This project is in violation of the provisions of the National Constitution. This project denies the unborn child the status of person. There is no room for speculation here. “
Alfredo De Angeli, from the Unión por Entre Ríos Alliance, also spoke about the validity of the law and made his position clear: “I cannot vote for this because when we came here to swear I swore by the Constitution. And this project is unconstitutional. No I’d be taking care of her. “
Senator Silvia Beatriz Elías Pérez, one of the officials who voted against the project. Photo Rolando Andrade Stracuzzi
“This law will not solve the problem. The problem here is one of public policies. We are decriminalizing the pregnant woman, but we are penalizing others for conscientious objection. Even the title can be lost by professionals with this law. I insist, it decriminalizes the being pregnant and penalizes professionals with conscientious objection. This law is an institutional aberration“he added.
But before all these positions “celestial “, from the Government they were in charge of responding and lowering the claims to those who seek to go to Justice.
Vilma Ibarra, Secretary of Legal and Technical of the Nation and one of the drafters of the project, assured that what was voted is “robust and legally solid” and that “it is common that whoever loses wants to prosecute.”
“As a country, we are signatories of various human rights conventions, treaties and covenants and all international organizations recommend us the legalization of abortion“, explained the official.
And he added: “We know that the project is robust and legally sound. We have raised a careful and respectful debate.”
The celebrations of the greens in the Senate for the approval of the law of legal abortion. Photo Lucia Merle
Senator Juan Mario Pais, from the Frente de Todos for Chubut, joined that position, who categorically rejected that the initiative does not respect the Magna Carta: “The law is constitutional because it even complies with the conventionality test that is in the incorporated treaties in the Constitution. It is this that protects the pregnant person, but also the human person and the woman. It intends not to be discriminated against and protects the autonomy of will. “
And he continued: “We are talking about a law that in no way violates the Constitution. Article 19 says that the existence of the human person begins with conception but Article 21 affirms that the rights and obligations of the conceived implanted in the woman are irrevocably acquired if they are born alive, if the person is not born alive it is considered that the person never existed“.
Finally, as Pais recalled, the American Commission on Human Rights replied in 2018 to Argentina that “it is not admissible to place the status of person on the embryo, precisely what it says” in the Civil and Commercial Code of the Nation.
And he closed by recalling that in the previous debate the Committee of the Convention on the Rights of the Child of the United Nations said that the law was constitutional and that “it did not violate the rights of the child.”