© Natacha Pisarenko/AP
On December 30, 2020, the Argentinian senate voted to legalize abortion, joining Cuba, Guyana, and Uruguay as the only Latin American nations to do so. The procedure is now legal during the first fourteen weeks of pregnancy. The legislation also provides exceptions to this fourteen-week time period in cases of rape or dangerous pregnancies, and makes abortion a free procedure in public hospitals. This historical decision is the culmination of a passionate and protracted struggle for reproductive rights and a major victory for the country’s pro-choice movement.
The bill was proposed in November by the country’s president, Alberto Fernández, and confirmed in a 38-29 vote, a wider margin than expected. However, this decision was neither quick nor easy. Hundreds of pro-choice protesters clad in green had been publicly marching and demonstrating for months. These persistent activists had been standing vigil outside the Argentinian Congress as legislators deliberated. The moment the bill was signed into law, a flood of emotion swept through the crowd: there were cheers of elation and sobs of relief from protestors who had dedicated colossal amounts of time and energy to the struggle for legal abortion. “I’m the mother of a little girl and I know she will have more rights tomorrow,” said Renata Vismara, an activist at the scene. There were also tears of grief for friends lost to unsafe abortion, those for whom this decision came too late. Before the vote, protestor Melisa Ramos was adamant that “Lawmakers who vote against legalization should know that on their hands will be the blood of the [people] who die in clandestine abortions.”
President Fernández and his administration are largely pro-choice, and have framed the legalization of abortion as a necessary measure for the sake of public health. Prior to this decision, abortion was permitted in the cases of rape or dangerous pregnancy, but women faced manifold barriers to receiving the procedure, such as in the case of an 11-year-old rape victim who was denied the procedure because her life was “not in danger.” Because of this, nearly 40,000 women were hospitalized in one year due to unsafe abortions, according to Human Rights Watch (HRW). These underground operations have also led to the deaths of 65 women in two years. Hopefully, the legalization of this procedure will save lives by promoting safer abortion. Fernández seems to think so, stating, “Safe, legal and free abortion is law. Today we are a better society that broadens rights for women and guarantees public health.”
The grassroots movement that pushed the government to this decision developed from public outrage over a string of femicides in 2015 and 2016. Under the name Ni Una Menos, or “not one (woman) more,” protesters marched and demonstrated to increase awareness of violent crimes against women and agitate for swift governmental action. As this campaign for women’s rights developed, it became increasingly focused on securing the right to safe and legal abortion. Their success in accomplishing this objective will likely add legitimacy to the feminist movement and reinforce public confidence in the power of activism.
The green-clad supporters of reproductive rights were not alone that night outside Congress. Opposition protesters were present, with giant model fetuses and signs proclaiming the legalization advocates to be murderers. Many evangelical Protestant and Catholic churches have allied themselves with the opposition, and declared days of mourning in the wake of the new abortion legislation. Such groups enjoy the active support of Pope Francis, Argentinian by birth. Opposition protesters have made it clear that they will continue to fight against the right to abortion. However, the government’s decision to legalize it has dealt a blow to Catholic and evangelical Protestant influence on Argentine law, and may usher in a more secular future for the country and the rest of Latin America. After all, many groups in favor of legal abortion are also pro-secularism, and many of the countries with the strictest bans on abortion and the most aggressive prosecution of those who seek it are also areas where the Church holds a tremendous amount of influence. Perhaps the Church’s weakening grasp on the region will allow abortion rights advocates to step in and get the procedure legalized in more conservative areas of Latin America.
Similar struggles in support of reproductive rights are already underway in many Latin American nations, including Brazil and Mexico (where abortion has been legalized in Mexico City and Oaxaca so far). Argentina’s decision will likely provide fresh encouragement to these movements, and if the legislation is well received, other Latin American governments will have more incentive to heed the protestors. As described by José Miguel Vivanco, the director of the Americas division of HRW, “…as it occurred when Argentina legalized same-sex marriage in 2010, this new law could have a domino effect in the region.” The legalization of abortion in Argentina could symbolize a wave of change in Latin America—a shift towards a more equal, more secular future at the hands of passionate and tenacious activists.