Argentina: Abortion Law

 

Access to abortion continues to be illegal though the penalty may be waived where the life or health of the pregnant woman is in danger, or where the pregnancy is the result of rape.

Abortion is thus permitted to save the life of the woman, to preserve physical health, to preserve mental health or in cases of rape.

 

Penal Code of the Argentinian State

Second Volume of Crimes, First Title Crimes against the Person, First Chapter Crimes against Life

Article 85

Whoever causes an abortion shall be punished:

  1. with detention or imprisonment from three to ten years, if it has been done without the consent of the woman. This penalty can rise up to fifteen years if the act is followed by the death of the woman.
  2. with detention or imprisonment from one to four years, if it has been done with the consent of the woman.
     The maximum penalty will rise to six years, if the act is followed by the death of the woman.

Article 86

Doctors, surgeons, midwives or pharmacists who abuse their practice to perform or assist with abortion will incur the penalties established in the previous article and will also suffer disqualification from their profession for twice the time of their conviction.

Abortion performed by a medical doctor with the consent of the pregnant woman is not punishable 

1. If it has been done in order to avoid a risk to the life or health of the mother and if this danger can not be avoided by other means.

2. If the pregnancy is as the result of the rape of a mentally disabled woman. In this case the consent of the woman's legal representative must be acquired to perform the abortion.

Article 87

He who causes an abortion involuntarily with violence will be punished with six months to two years if the pregnant state of the patient was obvious or was known to him.

Article 88

A woman who causes her own abortion or consents to another causing it is punishable by imprisonment of between one and four years. An attempted abortion is not punishable.

 

Supreme Court Ruling F.A.L. 2012

The Supreme Court concluded that abortions can be obtained when the pregnancy results from rape. This ruling carries legal precedent and makes it possible for rape victims in future cases to acquire a termination simply by filling out a sworn statement.