Argentina’s Supreme Court Permits Abortion in All Cases of Rape, But Access To Care Remains a Challenge
On March 13, 2012, the Supreme Court in Argentina issued a decision in the case F., A. L. s/Medida autosatisfactiva, which clarified a woman’s right to obtain an abortion in all cases of rape. This is particularly significant in a country where, according to an official estimate from the Health Ministry in Argentina, between 486,000 and 522,000 illegal abortions are performed annually. While this is an enormous achievement towards women’s access to safe and legal abortion in Argentina, ensuring that rape survivors are able to access abortion in practice represents an even greater challenge.
The decision emerged from a March 2010 case in the province of Chubut involving a 15-year-old girl, A. G., who was raped by her stepfather and became pregnant. With the support of her mother, A. G. sought an abortion by first requesting approval from the Criminal Court judge in the province. Due to an unclear understanding of the Penal Code in the lower courts of the province, she had to obtain authorization ultimately from the Superior Justice Court in Chubut, a process that lasted two months. A. G. was able to obtain an abortion, though only after a long period of delay and a great deal of unnecessary stress. Even when the pregnancy had already been terminated, the case proceeded to the Federal Supreme Court in order to seek clarification concerning the permissibility of abortion in certain circumstances.