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Legal abortion | The battle that is coming: the “celestial” will seek that the law is declared “unconstitutional” but the Government warns that it is “robust” legally

At 4.12 in the morning, the Chamber of Senators signed the bill Voluntary Termination of Pregnancy (IVE)An initiative that obtained 38 votes in favor and 29 against and that will now go to the Executive Power so that the President of the Nation approves and promulgates it. But in the next few days there could be presentations in court for the initiative to be declared “unconstitutional”.

This was advanced by some of the senators who voted against the bill, such as Silvia Elías de Pérez, a legislator for the UCR of Tucumán. “If the bill becomes law we will go to court to have it declared unconstitutional. Argentina has been obliged to very high standards of protection of life since conception ”, he launched.

However in the Government warns that the legal abortion project is “robust and legally sound”. The person in charge of defending the initiative was one of its editors, Vilma Ibarra, Secretary of Legal and Technical of the Nation. “It is common that whoever loses wants to prosecute. As a country, we are signatories to various human rights conventions, treaties and covenants and all international organizations recommend that we legalize abortion ”, explained the official.


In a forceful way, he stated: “We know that the project is robust and legally sound. We have raised a careful and respectful debate”.

Throughout the debate, there were several representatives who spoke about the alleged unconstitutionality of the project. The senator Juan Mario Pais, from the Front of All for Chubut, He categorically rejected that the initiative does not respect the Constitution.

“The law is constitutional because it complies even with the conventionality test that is in the treaties incorporated in the Constitution. It is this Magna Carta that protects the pregnant person, but also the human person and the woman. It pretends that it is not discriminated against and protects the autonomy of the will, ”said the legislator.


And he continued: “We are talking about a law that in no way violates the Constitution. The art. 19 says that the existence of the human person begins with conception but 21 states that the rights and obligations of the conceived implanted in the woman are irrevocably acquired if he is born alive, if he is not born alive it is considered that the person never existed ”.

The “celestial” will seek a judge to decide on the issue and that the case ends in the Supreme Court of Justice, but for that it must go through various judicial stages. The magistrate must promote the process, but the “greens” will appeal the measure, which will go through the different chambers until reaching the highest court.

“This project is wearing our Constitution”Elías de Pérez insisted.


Senator Pais flatly dismissed this claim. “The human rights conventions incorporated into the Constitution say that there are no absolute rights, it also protects women, and orders us not to discriminate.”

As recalled by the member of the Chamber of Senators, 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 our Civil and Commercial Code of Argentina says.”

In this sense, the legislator recalled that in the previous debate the United Nations Committee on the Convention on the Rights of the Child said the law was constitutional “that does not violate the rights of the child”.

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