ACCESS TO VOLUNTARY INTERRUPTION OF EMBARAZO

Law 27610

Provisions.


Article 1- Object. The purpose of this Act is to regulate access to the voluntary interruption of pregnancy and post-abortion care, in compliance with the commitments made by the Argentine State in the field of public health and human rights of women and persons with other gender identities with the capacity to grow and to contribute to the reduction of preventable morbidity and mortality.

Art. 2nd- Rights. Women and persons with other gender identities with gestation capacity are entitled to:

(a) Decide to terminate the pregnancy in accordance with the provisions of this Act;

(b) Requiring and accessing the care of termination of pregnancy in the services of the health system, in accordance with the provisions of this Act;

(c) To require and receive post-abortion care in the services of the health system, without prejudice to the fact that the decision to abort had been contrary to cases legally authorized in accordance with this Act;

(d) Preventing unintentional pregnancies through access to information, comprehensive sexual education and effective contraceptive methods.

Art. 3o- Constitutional normative framework. The provisions of the present law include in article 75, paragraph 22, of the National Constitution, the human rights treaties ratified by the Argentine Republic, in particular the Universal Declaration of Human Rights, the American Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights

Art. 4o- Voluntary disruption of pregnancy. Women and persons with other gender identities with gestation capacity have the right to decide and access the interruption of their pregnancy until the fourteenth week (14), including the gestational process.

Outside of the previous paragraph, the pregnant person has the right to decide and access the termination of his or her pregnancy only in the following situations:

(a) If the pregnancy is the result of a violation, with the relevant requirement and affidavit of the pregnant person, before the intervening health personnel.

In cases of girls under thirteen (13) years of age, the affidavit shall not be required;

(b) If life or health is in danger integral of the pregnant person.

Art. 5o- Rights in health care. Any pregnant person has the right to have access to the termination of his or her pregnancy in the services of the health system or with his or her assistance, within a maximum of 10 days from his or her requirement and under the conditions set forth in this law and in the laws 26,485, 26,529 and concordant.

Health personnel must ensure the following minimum conditions and rights in the care of abortion and post-abortion:

(a) Decent treatment. Health personnel must observe decent treatment, respecting the patient ' s personal and moral convictions, in order to eradicate practices that perpetuate the exercise of violence against women and persons with other gender identities capable of gestating;

(b) Privacy. Any medical-assistance activity aimed at obtaining and transmitting information and clinical documentation of the patient must ensure the construction and preservation of an environment of trust between the health personnel and the persons who request the care, and observe strict respect for their privacy, human dignity and autonomy of the will, as well as due protection of confidentiality; only information will be shared or included in their family or companion with their express authorization, in accordance with the provisions of this article.

The patient should also be protected from illegitimate interference by third parties.

In cases of rape involving girls or adolescents, the duty to report the violation of the rights provided for in article 30 of the Law 26,061 and the duty to make a criminal complaint set out in article 24, subparagraph (e), of the Law 26,485 under the provisions of article 72 of the Criminal Code, shall be complied with in respect of the right to privacy and confidentiality of girls and adolescents, their progressive ability and best interest in accordance with the Convention on the Rights of the Civil Code.

(c) Confidentiality. Health personnel must create conditions for the protection of confidentiality and medical secrecy throughout the care process and also subsequently. You must inform during the consultation that confidentiality is guaranteed and is reached by the medical secret.

The patient has the right to respect the right to confidentiality for any person who participates in the preparation or management of the clinical documentation, or has access to the contents of the clinical documentation, unless the patient expresses written authorization;

(d) Autonomy of will. Health personnel must respect patient decisions regarding the exercise of reproductive rights, treatment alternatives and their future sexual and reproductive health. The decisions of the patient should not be subject to trials arising from personal, religious or axiological considerations by the health personnel, and their free and autonomous will must prevail;

(e) Access to information. Health personnel should keep an active and respectful listening of patients to freely express their needs and preferences. The patient has the right to receive information about his or her health; the right to information includes the right not to receive inappropriate information regarding the request.

Information should be provided on the different methods of termination of pregnancy, the scope and consequences of practice. Such information should be updated, understandable, truthful and provided in language and with accessible formats.

Health personnel and public authorities have an obligation to provide available information on the rights protected by this law in a dynamic manner and throughout the entire care process, even if there is no explicit request;

(f) Quality. Health personnel must respect and ensure the treatment of abortion in accordance with the scope and definition of the World Health Organization. Attention will be provided according to quality standards, accessibility, technical competence, range of available options and updated scientific information.

Art. 6o- Information and treatment of abortion and sexual and reproductive health. The application for voluntary termination of pregnancy in accordance with Article 4 of the Convention provides that the health establishment shall make available to pregnant persons who so require, under the National Programme for Sexual Health and Responsible Procreation, Act No. 25,673, as follows:

(a) Information on the procedure to be carried out and subsequent necessary care, following the criteria of the previous article;

(b) Comprehensive health care throughout the process;

(c) Accompaniment in health care and adequate and accessible information to the needs of each individual, scientific, up-to-date on the different contraceptive methods available, as well as the provision of contraceptive methods provided for in the Compulsory Medical Programme (PMO) and in law 25,673 or the regulations to replace it in the future.

These services are not compulsory for the patient or condition for the realization of the practice.

Art. 7o- Consent informed. Prior to the voluntary termination of pregnancy, the informed consent of the pregnant person expressed in writing is required, in accordance with the provisions of Act No. 26.529 and concordants and Article 59 of the Civil and Commercial Code of the Nation. No one can be replaced in the personal exercise of this right.

Art. 8o- Minors. Under the terms of the Convention on the Rights of the Child, Act No. 26,061, article 7 of annex I to Decree 415/06, article 26 of the Civil and Commercial Code of the Nation and resolution 65/15 of the Ministry of Health of the Nation, the request for voluntary termination of pregnancy shall be made as follows:

(a) Persons aged 16 and above have full capacity to give their consent to exercise the rights granted by this Act;

(b) In cases of persons under sixteen (16) years of age, their informed consent shall be required under the terms of the previous article and the provisions of article 26 of the Civil and Commercial Code and resolution 65/15 of the Ministry of Health in accordance with the Convention on the Rights of the Child, Act No. 26,061, article 7 of annex I to regulatory decree No. 415/06 and regulation decree No. 1,282/03 of Act No.

Art. 9o- People with restricted capacity. If it is a person with a capacity restricted by a court ruling and the restriction has no bearing on the exercise of the rights granted by this law, it may give his or her informed consent without any impediment or need for any prior authorization and, if desired, with the assistance of the support system provided for in article 43 of the Civil and Commercial Code of the Nation.

Persons acting as a support system do not represent or replace the disabled in the exercise of their rights and, therefore, it is necessary that the design of the support system incorporate adequate safeguards so that there is no abuse and decisions are made by the holder of the right.

If the court ruling restricting capacity prevents consent to the exercise of the rights provided for in the present law, or the person has been declared incapable of the law, he or she shall consent with the assistance of his or her legal representative or, in the absence or absence of the law, to a person in custody, in the terms of article 59 of the Civil and Commercial Code of the Nation.

Art. 10.- Objection of conscience. The right to exercise conscientious objection is the right of the person or the health care professional to intervene directly in the termination of pregnancy. For the purposes of its exercise, it shall:

(a) To maintain its decision in all areas, public, private or social security, in which it exercises its profession;

(b) Draw the patient in good faith to be treated by another or other professional in a temporary and timely manner, without delay;

(c) Comply with the rest of their professional duties and legal obligations.

Health personnel may not refuse to terminate the pregnancy in the event that the life or health of the pregnant person is in danger and requires immediate and imposterable attention.

Conscientious objection may not be claimed to refuse to provide post-abortion health care.

Failure to comply with the obligations set forth in this article will result in disciplinary, administrative, criminal and civil sanctions, as appropriate.

Art. 11.- Objection of conscience. Obligations of health facilities. Those health effects of the private subsector or of social security that do not have professionals to perform the termination of pregnancy due to the exercise of the right of conscientious objection in accordance with the previous article, should provide for and dispose of the derivation to an effect that effectively performs the benefit and which is similar to that which the person requesting the benefit consulted. In all cases, the practice must be ensured in accordance with the provisions of this law. The arrangements and costs associated with the referral and transfer of the patient shall be in charge of the derivative effector. All derivations contemplated in this article shall be invoiced in accordance with the coverage for the effector of the practice.

Art. 12.- Coverage and quality of benefits. The public health sector, social works under Act No. 23,660 and Act No. 23,661, the National Institute of Social Services for Jubilee and Pensioners established by Act No. 19,032, health entities and agents covered by Act No. 26,682, of the regulatory framework for medical care, entities that provide care within the regulation of Decree No. 1,993/11, social works of the armed forces and of security, These benefits are included in the National Health Care Quality Assurance Program and in the PMO with full coverage, along with diagnostic benefits, medications and support therapies.

Art. 13.- Comprehensive sexual education and sexual and reproductive health. The national state, the provinces, the Autonomous City of Buenos Aires and the municipalities have the responsibility to implement Law 26.150, of Integral Sexual Education, establishing active policies for the promotion and strengthening of the sexual and reproductive health of the entire population.

These policies should be framed by the objectives and scopes set out in laws 23,798, 25,673, 26.061, 26.075, 26.130, 26.150, 26,485, 26,785, 26,743 and 27,499, in addition to the laws already mentioned in this Act. In addition, training on gender and sexual diversity should be provided to teachers and professionals and other health workers in order to provide adequate care, containment and follow-up to those who request a voluntary termination of pregnancy in the terms of this Act, as well as to public officials and public officials acting in such processes.

Art. 14.- Amendment of the Criminal Code. Replace article 85 of the Criminal Code with the following:

Article 85: Whoever causes an abortion shall be repressed:

1. With imprisonment of three (3) to ten (10) years, if he works without the consent of the pregnant person. This penalty may be up to fifteen (15) years if the act is followed by the death of the pregnant person.

2. With imprisonment of three (3) months to one (1) year, if he works with the consent of the pregnant person, after the fourteenth week (14) of gestation and provided that they do not mediate the assumptions provided for in article 86.

Art. 15.- Incorporation of article 85 bis into the Criminal Code. Incorporate as article 85 bis of the Criminal Code, the following:

Article 85 bis: It shall be repressed or repressed with imprisonment of three (3) months to one (1) year and special disqualification for twice the time of the sentence, the public official or the public official or the authority of the establishment of health, professional, effective or health personnel which unreasonably delays, hinders or refuses, in contravention of the existing regulations, to perform an abortion in the legally authorized cases.

Art. 16.- Replacement of article 86 of the Criminal Code. Replace article 86 of the Criminal Code with the following:

Article 86: Abortion carried out with the consent of the pregnant person until the fourteenth week (14) is not an offence, including the gestational process.

Out of the time limit set out in the preceding paragraph, abortion performed with the consent of the pregnant person shall not be punishable:

1. If the pregnancy is the result of a rape. In this case, the practice must be guaranteed with the requirement and the affidavit of the pregnant person before the intervening professional or health personnel.

In cases of girls under thirteen (13) years of age, the affidavit shall not be required.

2. If life or health were at risk integral of the pregnant person.

Art. 17.- Replacement of article 87 of the Criminal Code. Replace article 87 of the Criminal Code with the following:

Article 87: It shall be repressed or repressed with imprisonment of six (6) months to three (3) years, or the person who violently causes an abortion without having the purpose of causing it, if the state of pregnancy of the pregnant person is notorious or it shall be found.

Art. 18.- Replacement of article 88 of the Criminal Code. Replace article 88 of the Criminal Code, as follows:

Article 88: The pregnant person who, after the fourteenth week (14) of gestation shall be repressed with imprisonment from three (3) months to one (1) year, and provided that they do not mediate the assumptions provided for in article 86, cause their own abortion or consent to another. The penalty may be waived when circumstances make the conduct excuseable.

The attempt of the pregnant person is not punishable.

Art. 19.- Training. Health personnel must be trained in the contents of this law and the complementary and regulatory regulations. To this end, the Ministry of Health of the Nation and the provincial ministries and the Autonomous City of Buenos Aires will implement the corresponding training programs.

Art. 20. - Implementing authority. The authority for the implementation of this law shall be established by the national executive branch.

Art. 21.- Public order. The provisions of this Act are of public order and compulsory application throughout the territory of the Argentine Republic.

Art. 22.- Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TREAT DAYS OF THE TWENTY OF THE TWENTY OF THE TWENTY OF THE YEAR OLD YEAR MIL VEINTE.


CLAUDIA LEDESMA ABDALA DE ZAMORA - SERGIO MASSA - Marcelo Jorge Fuentes - Eduardo Cergnul


(Note Infoleg: The bold texts were observed by theDecree No. 14/2021B.O. 15/01/2020)