The Shift From Criminalization to Legalization of Abortion in Argentina

Abortion access in the Americas: a hemispheric and historical approach

This perspective article situates the 2022 United States (U.S.) Supreme Court's overturning of Roe v. Wade (1973) within the broader history of abortion rights activism and legislation in the greater Americas. The U.S. public has stereotyped Latin America and the Caribbean (LAC) as socially conservative regarding gender issues and anti-reproductive rights. But twenty-first-century LAC presents a more complicated landscape than this dominant narrative suggests. In the past 15 years, political, legislative, and public health advances and setbacks across the region provide both a blueprint for re-establishing access to safe and legal abortion and a warning on the consequences of the criminalization of abortion for the U.S. Employing a narrative approach that summarizes recent interdisciplinary literature, this perspective traces the history of the expansion of abortion access in the Americas. Mexico (2007, 2023), Uruguay (2012), Argentina (2020), and Colombia (2022) legalized abortion on demand within specific timeframes. These expansions coexist with severe restrictions on abortion in various nations including Haiti (1835), the Dominican Republic (1884, 2009), Honduras (1985, 2021), El Salvador (1997), and Nicaragua (2006), as well as some states in the United States (2022). This perspective finds that legalization occurs when feminist activists eschew U.S.-based feminist rhetoric of individual rights and choice to reframe abortion as a form of gender-based violence within a discourse of health and wellbeing as a human right. According to this perspective, restrictions on access to the procedure constitute a form of violence against women and people capable of bearing children and violate human rights.

Step by Step in Argentina: Putting Abortion Rights into Practice

In December of 2020, the Argentine Congress legalized abortion through 14 weeks, vastly increasing access to abortion care in the country. The law's passage followed years of advocacy for abortion rights in Argentina - including mass public and civil society mobilization, vocal support from an established pool of abortion providers who offered abortion services under specific legal exceptions prior to the new law, and the growth of community groups such as the Socorristas en Red who provide support for people to self-manage abortions. Aided by ample political will, the number of health facilities offering services increased substantially after the law was passed, and the public visibility around the law has helped assure people seeking abortion that it is their right. Proyecto mirar is an initiative focused on both gathering and using qualitative and quantitative data to inform stakeholders about the progress and obstacles of the law's implementation. In this review, we present an overall summary of the first two years of implementation of the abortion law in Argentina based on proyecto mirar data and contextualized through the historical processes that have contributed to the law's passage and application. While we see increases in abortion services and improved public perception around abortion rights, inequities in access and quality of care persist throughout the country. Specifically, providers in some regions are well trained, while others create obstacles to access, and in some regions health services provide high quality abortion care whereas others provide substandard care. To be sure, the implementation of public policies does not happen overnight; it requires government support and backing to tackle obstacles and solve implementation problems. Our findings suggest that when new abortion laws are passed, they must be supported by civil society and government leaders to ensure that associated policies are well crafted and monitored to ensure successful implementation.