Buenos Aires: Difference between revisions

| legal in some circumstances; not upon request

As the capital of Argentina, you will find many health care resources in Buenos Aires. Contraception (birth control) is fully legal, and you can find birth control pills, IUDs, shots and patches in Buenos Aires. There are some recommended gynecologists that are known to be foreigner-friendly and especially hospitable (see details in "Gynecological Exams" section). You can also obtain emergency contraception ("the morning after pill") at pharmacies, public hospitals or health centers. You can purchase pads and tampons in grocery stores, and there is one known seller of menstrual cups in the country. There is no PrEP access but there are many STI testing sites, and there is a national HPV vaccination program in place. For pregnancy, there are some recommended ob/gyns that we have listed in the "Pregnancy" section. Finally, abortion is generally illegal and is only permitted in very specific circumstances, some of which have grey-area legal status. For this reason, there is a large underground economy of clandestine abortions. Some of these are performed in unsafe conditions, so caution should be exercised. General public opinion toward abortion has liberalized in the last decade, yet the country still remains a difficult place for women with unwanted pregnancies.

In Argentina, abortion is generally not permitted. It is only completely legal in certain circumstances, which include: to save the life of the woman, to protect physical health, and in cases of rape. It should be noted that the Ministry of Health has not formally ratified protocols that permit abortions in cases of rape, so the legality is debatable, yet it appears to be fully decriminalized.<ref>[http://www.reproductiverights.org/press-room/argentina-decriminalizes-abortion-in-all-cases-of-rape Argentina Decriminalizes Abortion in All Cases of Rape]</ref> All other reasons for an abortion, including risk of fetal impairment, economic or social reasons, or availability upon request, are prohibited. According to the Pact of San Jose (1994), the right to life begins "in general, from the moment of conception."<ref>[https://en.wikipedia.org/wiki/Abortion_in_Argentina Abortion in Argentina]</ref> While some Argentine politicians have expressed interest in changing the abortion laws in the past, the Catholic Church has played a strong role in Argentine society, and no politicians have successfully gone forth with these plans.  

 

The penalty for an illegal abortion is up to four years in prison for the person who performed the abortion. However, in order to penalize the physician, the police must actually find a person performing an illegal abortion. This makes the prosecution rather difficult. There are reports of police wire-tapping the phones of at least one abortion clinic in order to prosecute the physicians.<ref>[https://news.vice.com/article/argentinas-doctors-perform-half-a-million-illegal-abortions-a-year-but-legalization-still-seems-unlikely Argentina’s Doctors Perform Half a Million Illegal Abortions a Year, But Legalization Still Seems Unlikely]</ref>

 

For many years, Argentine abortion laws only permitted abortion in cases when the woman's life was endangered. In March 2012, the provisions were expanded after a landmark case, in which the Supreme Court allowed a 15-year old who was raped by stepfather to obtain an abortion. As a result, the Supreme Court ruled that abortion in cases of rape should not be criminalized, and they ruled that a sworn affidavit confirming the rape would be enough to allow the abortion.<ref>[http://www.reuters.com/article/us-argentina-abortion-idUSBRE89B16B20121012 Rape victims struggle to get legal abortions in Argentina]</ref> There has not been a formal discussion of revision of abortion laws in Argentine political life. However, it appears that public opinion is gradually changing. In 2003, a poll found that 30% of Argentines thought abortion should be permitted "regardless of situation," 47% thought it should be permitted "under certain circumstances" and 23% thought that abortion should never be permitted. Later, in September 2011, the same poll showed that 45% of Argentines thought abortion should be permitted for any reason.<ref>[https://en.wikipedia.org/wiki/Abortion_in_Argentina Abortion in Argentina]</ref>

 

In August 2018, the Argentine Senate narrowly rejected a bill that would have legalized abortion.<ref>[https://www.nytimes.com/2018/08/09/world/americas/argentina-abortion-vote.html Argentina’s Senate Narrowly Rejects Legalizing Abortion]</ref>

 

It is estimated that half a million abortions happen in Argentina each year, which would be 40% of all pregnancies.<ref>[https://news.vice.com/article/argentinas-doctors-perform-half-a-million-illegal-abortions-a-year-but-legalization-still-seems-unlikely Argentina’s Doctors Perform Half a Million Illegal Abortions a Year, But Legalization Still Seems Unlikely]</ref> Unfortunately, many of these clandestine abortions are performed in unsafe conditions or by unqualified personnel. The number one cause for maternal mortality rates in Argentina is unsafe abortions, which is estimated to be about to 31% of maternal deaths.

 

As stated in a 2005 Human Rights Watch Report on abortion in Argentina, "The criminalization of abortion leads women to take desperate measures, such as attempting to abort with knitting needles, rubber tubes, parsley sprigs, or the use of abortive medicines without adequate medical assistance.  It also enables clandestine abortion 'clinics' to operate with little regard for women’s health and lives. When women hemorrhaging or suffering from life-threatening infections or injuries caused by botched abortions show up at public hospitals, health care personnel sometimes scorn them and deny them treatment.  Doctors performing post-abortion curettage—the highly painful scraping of a woman’s uterus with a sharp instrument—sometimes do so without anesthesia.  Women who fear criminal proceedings are discouraged from seeking necessary post-abortion care, often to the serious detriment of their health.  Some women who have had abortions are sentenced to prison, in a further assault on their human rights."<ref>[https://www.hrw.org/reports/2005/argentina0605/6.htm Obstacles to the Right to Decide in Matters Concerning Abortion]</ref>

 

There have been reported difficulties for women seeking abortions, due to the fears expressed by physicians. As reported in Argentina Independent, "For poor women, public hospitals are often the only available option. Yet frequently, fear of legal repercussions, or a personal moral stance, leads health professionals in public hospitals to demand judicial authorisation before agreeing to terminate the pregnancy, despite the fact that it is not required by law. For their part, some judges likewise refuse to authorise the practice, arguing that they only have a role once the abortion has already been performed."<ref>[http://www.argentinaindependent.com/socialissues/humanrights/abortion-in-argentina-unsafe-and-unattainable/ Abortion in Argentina: Unsafe and Unattainable]</ref>