Women with criminal cases In progress for abortions performed within 14 weeks of the gestational process should be automatically dismissed by the Justice as soon as the brand new law 27610 voluntary termination of pregnancy (IVE), sanctioned last Wednesday by the Senate, experts consulted assured.
For example, a lawyer feminist Soledad Deza said that women criminalized for abortion within the first trimester of pregnancy “immediately they should be dismissed. ” “It is not the same thing 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 obtained the freedom and dismissal.
The law voted This week it establishes that abortion 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), 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 penal law more benign, 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: “In those cases there should be no doubts, “he emphasized. On the other hand, from the MGyD they clarified that the law applies” to ongoing cases, where there are people accused of committing, consenting to or performing an abortion, and also in those where people have already been condemned “.
They also indicated that “The criminal action is extinguished due to the absence of a crime, in other words, those people can no longer be persecuted and those who are deprived of their liberty are released. ”
Deza, teacher of Legal Feminisms of the Faculty of Law of the National University of Tucumán, A member of the Women X Women Foundation and the National Campaign for the Right to Legal, Safe and Free Abortion, she 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 Women X Women, 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 will be updated by 2021.
