S.J.D. Graduate of the Faculty of Law at the University of Toronto Who Now

REPROHEALTHLAW-L – January 9, 2008

Many thanks for this interesting contribution by Dr. Martin Hevia, an

S.J.D. graduate of the Faculty of Law at the University of Toronto who now

teaches at the Escuela de Derecho, Universidad Torcuato Di Tella in Argentina.

Other listserve commentaries by our scholars and graduates are now available

online on our website at:

ARGENTINE GOVERNOR VETOES ABORTION REGULATION

As one of his first measures, the recently elected current governor of the

Province of La Pampa in Argentina, Oscar Mario Jorge, vetoed Provincial Law

2394, which established a protocol on how doctors at public hospitals

should behave in cases of non-punishable abortions (Art. 86 of the

Argentine Criminal Code allows for abortion only for therapeutic reasons

and for eugenic reasons).

According to an official press report, the main reason for the veto was

that, even though the text of Law 2394 made reference to the exceptions in

subsections 1 and 2 of Art. 86 of the Criminal Code, it introduced new

interpretations of provisions on abortion of the Criminal Code, which

modify and enlarge the application of those provisions. In the view of the

Governor of La Pampa, this is unconstitutional because Provincial

legislatures cannot make federal law - the Criminal Code in Argentina is

federal legislation and, according to Art. 75.12 of the Argentina

Constitution, the Provincial Legislatures cannot legislate on criminal law.

The Governor also noted that Law 2394 defined "health" as "physical,

psychological, and social well-being" (a definition also favoured by the

World Health Organization) and, therefore, enlarged the scope of exceptions

considered under the Criminal Code.

Law 2394 also established a register of conscientious objectors. The

Governor said that this register is unconstitutional because it violates

Art. 19 of the Argentine Constitution which is understood as establishing a

constitutional right to privacy

Finally, Law 2394 established medical and psychological support for women

before and after the abortion, which was naturally not mentioned in the

Criminal Code.

In 2007, some other Argentine Provinces and cities have passed legislation

establishing protocols that establish guidelines for doctors that deal with

the abortions that are permissible under the Argentine Criminal Code.

For the official press report of the Executive Power of La Pampa, see

(go to the link "Noticias Oficiales" on the left

of the screen and look for news on 17/12/2007).

For newspaper coverage see: