Argentina: Federal Judge Orders Suspension of an Abortion Law

June 14, 2021

Alfredo Eugenio López, the president of Federal Tribunal No.4 of Mar del Plata, has issued a precautionary measure ordering the national state to suspend the application of the law on abortion on the grounds that it violates the full protection of life from conception.

In his decision, the magistrate used a Supreme Court ruling dating from 1980, according to which “life is the first human right which is recognized and guaranteed by the national constitution.”

At the same time, the magistrate declared the unconstitutionality of Law No. 26.854 on precautionary measures against the state on the grounds that it violates the separation of powers and judicial protection.

The judge also argued that the precautionary measure was appropriate because the full care of people entitled to legal termination of pregnancy “affects and endangers the life, dignity and rights of the unborn child, as well as those of the pregnant mother.”

He thus concluded that the right to life recognized in the National Constitution, in the International Convention on the Rights of the Child, and in the American Convention on Human Rights, is in danger.

Likewise, he stressed that the danger of delay is realized because “an imponderable number of unborn children may suffer death from this very moment” and “the final sentence which is dictated in the present appeal will not be able to remedy their situation because of the time that has elapsed in the investigation of the case.”

In short, the magistrate ordered the preventive suspension of both Law No. 27.610 on voluntary termination of pregnancy and of the “Protocol for the full care of persons entitled to legal termination of pregnancy,” approved at the end of 2019 by the national executive power.

The appeal will continue after the national state submits its reports, requested after the issuance of the injunction.