Legal, but still divisive: Abortion in Argentina

OpinionSpanish
Written By Olivia Millard

By Olivia Millard

Content warning: This article contains discussion of abortion.

Last December, Argentina's Congress passed a bill legalising abortion until the 14th week of pregnancy, a revolutionary step for Latin America which signals hope in a region which holds some of the most rigid and restrictive abortion laws in the world. It is hoped that this new law will pave the way for safe, legal abortions to become more accessible in the region. However, behind the images of the jubilant sea of green-clad pro-choice supporters that were broadcast on global news channels a few months ago lies a pro-life opposition that is just as passionate about their cause. Three months on, they are far from giving up; the topic of abortion continues to cause a rift in society and much remains to be done to ensure that every Argentinian woman can gain access to the procedure.

Latin America is a deeply divided region where religion and conservatism historically hold a deep-rooted influence which is coming increasingly into conflict with rising secularism, exacerbating the already divisive topic of abortion. The new law is a ground-breaking victory for Latin America’s growing feminist movement, and many believe it will have a ripple effect. Pro-choice slogans such as “¡No pongas tu rosario en mis ovarios!” (“Keep your rosary away from my ovaries!”) point to the religious dimension of the debate. In a country where the doors to Congress are flanked by a statue of Our Lady of Lujan, the patron saint of political parties, it is perhaps unsurprising that Catholicism has historically played a role in the country’s legislation, and that the road to legalising abortions was, and arguably remains, a long one.

In legal terms, many people view the law as a disaster, citing it as “unconstitutional” given that, in November 2020, polls suggested that only 41% of the population strongly or somewhat agreed with elective abortion. Far from quelling it, the bill has fuelled the pro-life opposition, which is particularly strong given Pope Francis’ Argentinian roots, and the backing of their cause by the Vatican. In addition to filing lawsuits against the bill in at least 10 provinces, abortion opponents have ensured that doctors are aware that they can refuse to terminate pregnancies. In provinces with a strong Catholic and evangelical sway, many doctors are doing just this. As reported in The New York Times, the province of Tucumán reports that 90% of their health care professionals are “conscientious objectors.” This certainly presents a hurdle to women in those areas, but hopefully no more than an inconvenience, since patients can be transferred to hospitals in other areas. The real danger lies in the myths that are born from such a climate. From warnings of abortions causing cancer to the idea that a foetus will turn into an elf, doctors and gynaecologists have been known to spread misinformation that discourages women from accessing the procedure.

Ethics aside, many worry that this bill is only addressing the tip of the iceberg in terms of the country’s significant socio-economic problems, which are often contributing factors in a woman’s decision to terminate her pregnancy. A Brazilian woman interviewed by the BBC explained that she had to travel to Colombia to have an abortion because “under no circumstances could [she] be pregnant,” given the high risk of unemployment, severely compounded by the pandemic. Despite her unwavering certainty about her choice to terminate her pregnancy, it is nevertheless a difficult decision to make in a country where, in 2018, 58% of the population  supported the prosecution and incarceration of women who had undergone abortion. 

Argentina is only the third country in South America to permit elective abortions, and the practice is outlawed in all cases in El Salvador, Dominican Republic, Nicaragua and Honduras. It is permitted only to save the mother’s life in Guatemala, Paraguay and Venezuela. However, many hope that Argentina’s new legislation will encourage legalization in countries where it is within reach, such as Brazil, Chile and Colombia. In Brazil alone, an estimated 1-4 million women access clandestine abortions every year, causing the deaths of approximately 200 women. Many of these deaths could be avoided with access to proper healthcare.

The argument that the country’s socioeconomic problems are forcing more women into abortions they don’t truly want (presented as justification for the ban on abortion) seems deeply unfair. Problems like these should, of course, be addressed. But they will not disappear overnight, and until they do, the onus is on women to deal with unwanted pregnancies. Outlawing abortion only makes the process more traumatic. At a time when countries as influential as the USA are tightening abortion laws, it is important that the energy of this movement is sustained. Legal or not, abortion will continue to take place in most, if not all, societies. With legalisation comes safety, and a major step forward for female reproductive rights.

Olivia Millard
Previous

Todos tus muertos: How Latin American Ska-Punk Should Change How We See Politics