Legalization. A federal judge in Salta enabled the fair to address a request for the unconstitutionality of the abortion law


The lawsuit considers that the legalization project approved by Congress goes against the constitutional mandate to protect life Credit: Julián Bongiovanni

Federal court No. 2 of Salta, in charge of Miguel Medina, enabled the January fair to address a request for unconstitutionality of the abortion legalization law approved this week in Congress.





The request was received by the federal prosecutor Ricardo Rafael Toranzos placeholder image, Federal Prosecutor, who requested immediate treatment of the claim.

In the presentation, the complainants maintain that the approved protocol is “unconstitutional insofar 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 immunity to cases not provided for in the factual cases contemplated in art. 86, subsections 1 and 2 of the National Penal Code. “The plaintiffs also maintain that” the protocol makes it possible for cruel and inhuman acts prohibited by art. 18 of the National Constitution, such as killing embryos with the heart already beating and fully formed fetuses since no time limit is set “.



The judicial presentation, among whom appears the former senator of the Renewal Party Maria Fiore Viñuales together with other leaders, it is a declaratory action of unconstitutionality.


The text criticizes that the protocol does not contemplate “the possibility of carrying out a procedure less harmful such as, for example, the early delivery or the offer to the mother of subsequent delivery for adoption, with the prohibition even of being able to effectively offer the pregnant mother, either through the State or Institutions, the alternative means necessary to safeguard the the two lives. “

With the sanction of the law, for the first time since the Penal Code in 1921 in Argentina the practice of abortion was not considered a crime until the 14th week of gestation.

The norm establishes the conditions in which a woman may carry out the voluntary interruption of pregnancy up to 14 weeks of gestation without the need for any cause and no cost, since the practice is incorporated into the Mandatory Medical Program (PMO) of the health system.

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