doi: 10.56294/cid202230
REVIEW
Paternity and Legal Abortion: A Comprehensive Analysis of Rights, Responsibilities and Social Impact
Paternidad y Aborto Legal: Un Análisis Integral de Derechos, Responsabilidades e Impacto Social
David Levinstein1 
*
1Universidad Nacional de las Artes. Ciudad Autónoma de Buenos Aires, Argentina.
Cite as: Levinstein D. Paternity and Legal Abortion: A Comprehensive Analysis of Rights, Responsibilities and Social Impact. Community and Interculturality in Dialogue 2022;2:30. https://doi.org/10.56294/cid202230.
Submitted: 23-09-2022 Revised: 15-11-2022 Accepted: 09-12-2022 Published: 10-12-2022
Editor: Prof.
Dr. Javier González Argote
ABSTRACT
Introduction: the abortion debate in society revolves around women’s reproductive rights and autonomy, while also considering men’s perspectives and societal implications. Women argue for the right to make decisions about their bodies, emphasizing the potential consequences of denying this right, such as forced motherhood and restricted personal and professional development. Men, too, play a role in the debate, with some supporting women’s rights and emphasizing the importance of joint decision-making in relationships.
Development: the historical context of abortion is complex, with different societies and time periods featuring varying views and regulations. From ancient civilizations to modern eras, practices and legal approaches to abortion have evolved. In the Middle Ages, the Catholic Church had a significant impact on abortion regulation, while scientific and medical advancements shaped modern debates. Abortion is defined as the deliberate termination of pregnancy before fetal viability, with legal definitions varying worldwide. Understanding these distinctions is essential to address abortion comprehensively. In Argentina, the historic reform of 2020 marked a significant change in abortion legislation, permitting termination of pregnancy up to 14 weeks without justification. The feminist movement played a crucial role in advocating for this reform, leading to a more inclusive and equitable approach. Despite this progress, challenges remain, including ensuring nationwide access and promoting comprehensive sexual education. Responsible fatherhood involves recognizing men’s rights and responsibilities in pregnancy and abortion. Men have the right to receive information, be present during pregnancy and childbirth, and establish custody and visitation arrangements. Emotional support, financial contributions, and active participation in decision-making are also essential aspects. Legislation regarding men’s involvement in abortion decisions varies, but a balanced, informed dialogue is encouraged.
Conclusions: Argentina’s legalization of abortion represents a significant step forward for women’s reproductive rights and autonomy. The Law on the Voluntary Interruption of Pregnancy recognizes fundamental rights and guarantees and establishes access to safe and legal abortion services. However, challenges persist in ensuring equal access across the country. Responsible fatherhood involves recognizing men’s rights and responsibilities in pregnancy and abortion decisions.
Keywords: Abortion; Reproductive Rights; Gender; Autonomy.
RESUMEN
Introducción: el debate sobre el aborto en la sociedad gira en torno a los derechos reproductivos y la autonomía de las mujeres, sin dejar de considerar las perspectivas de los hombres y las implicaciones sociales. Las mujeres defienden el derecho a tomar decisiones sobre su cuerpo, haciendo hincapié en las posibles consecuencias de negar este derecho, como la maternidad forzada y la restricción del desarrollo personal y profesional. Los hombres también desempeñan un papel en el debate, y algunos apoyan los derechos de las mujeres y subrayan la importancia de la toma de decisiones conjunta en las relaciones.
Desarrollo: el contexto histórico del aborto es complejo, con diferentes sociedades y periodos de tiempo que presentan diferentes puntos de vista y regulaciones. Desde las civilizaciones antiguas hasta las épocas modernas, las prácticas y los enfoques jurídicos del aborto han evolucionado. En la Edad Media, la Iglesia Católica tuvo un impacto significativo en la regulación del aborto, mientras que los avances científicos y médicos dieron forma a los debates modernos. El aborto se define como la interrupción deliberada del embarazo antes de la viabilidad fetal, con definiciones legales que varían en todo el mundo. Comprender estas distinciones es esencial para abordar el aborto de manera integral. En Argentina, la histórica reforma de 2020 supuso un cambio significativo en la legislación sobre el aborto, permitiendo la interrupción del embarazo hasta las 14 semanas sin justificación. El movimiento feminista desempeñó un papel crucial en la defensa de esta reforma, lo que condujo a un enfoque más inclusivo y equitativo. A pesar de estos avances, siguen existiendo retos, como garantizar el acceso en todo el país y promover una educación sexual integral. La paternidad responsable implica reconocer los derechos y responsabilidades de los hombres en el embarazo y el aborto. Los hombres tienen derecho a recibir información, a estar presentes durante el embarazo y el parto, y a establecer acuerdos de custodia y visitas. El apoyo emocional, las aportaciones económicas y la participación activa en la toma de decisiones son también aspectos esenciales. La legislación relativa a la participación de los hombres en las decisiones sobre el aborto varía, pero se fomenta un diálogo equilibrado e informado.
Conclusiones: la legalización del aborto en Argentina representa un avance significativo para los derechos reproductivos y la autonomía de las mujeres. La Ley de Interrupción Voluntaria del Embarazo reconoce derechos y garantías fundamentales y establece el acceso a servicios de aborto seguro y legal. Sin embargo, persisten los problemas para garantizar la igualdad de acceso en todo el país. La paternidad responsable implica reconocer los derechos y responsabilidades de los hombres en las decisiones sobre el embarazo y el aborto.
Palabras clave: Aborto; Derechos Reproductivos; Género; Autonomía.
INTRODUCTION
Abortion is an issue that generates a wide range of opinions and emotions in society. From a societal perspective, the debate centers on women's reproductive rights and how access to abortion affects women and men in various aspects of their lives.
From a woman's perspective, abortion is an issue of autonomy and self-determination over her own body. Women argue that they should have the right to decide whether to continue or terminate their pregnancy based on their circumstances, health, resources, and parenting capacity. They argue that denying them this right can have serious consequences, such as imposing forced motherhood, restricting their personal and professional development, and increasing risks to their physical and emotional health. In addition, they argue that access to safe and legal abortion is essential to ensure gender equality and empower women in society.
On the other hand, men are also involved in the abortion debate from a societal perspective. While they do not directly experience pregnancy, their opinions and decisions can significantly impact women's lives and the dynamics of couple relationships. Some men support women's right to decide about abortion and recognize the importance of respecting their autonomy. They argue that access to safe abortion allows couples to make joint decisions about family planning and to alleviate the emotional and economic burdens that may fall on them in the event of unwanted pregnancies. In addition, they argue that promoting a culture of equality and respect involves supporting women in making decisions about their bodies.
However, some men oppose abortion for various reasons, such as religious, ethical, or cultural beliefs. Some believe that the fetus has inherent rights and that interrupting its development is morally wrong. Other men may feel excluded from decision-making when a woman decides to have an abortion, especially if they wish to become fathers. This can generate conflicts and tensions in couple relationships and society in general.
It is important to note that the abortion debate is not only limited to the perspective of women and men but also involves society. Social arguments are based on issues such as public health, social justice, and the quality of life of individuals. Here, access to safe and legal abortion services is raised as a matter of fundamental human rights since the prohibition or restriction of abortion does not eradicate its practice but leads to unsafe abortions, putting women's lives and health at risk.
The issue of legal abortion from a paternity approach is of utmost relevance due to the implications for men, women, and society in general. This issue can be supported by different approaches, which are mentioned below:
1. Paternal rights and responsibilities: legal abortion raises questions about men's rights and responsibilities about pregnancy and fatherhood. It is critical to explore how access to safe and legal abortion affects men's ability to exercise their paternity and make joint decisions with women about family planning.
2. Emotional and psychological impact: the choice of abortion can generate a wide range of emotions and psychological effects on both men and women. Understanding and analyzing these experiences is essential to address men's emotional needs and promote a comprehensive approach to mental health in the context of legal abortion.
3. Gender equality: the perspective of fatherhood in the legal abortion debate has implications for gender equality. Investigating how men's rights and roles are affected in the context of abortion contributes to promoting equity and justice in reproductive decision-making.
4. Male participation in the debate: the inclusion of men in the dialogue about legal abortion is fundamental to promoting an equitable and just society. Understanding men's positions, beliefs, and concerns regarding abortion is essential to fostering an informed and constructive debate.
5. Legal and policy framework: analyzing legal abortion from a paternity perspective involves examining existing policies and legislation and assessing their effectiveness in protecting reproductive rights and gender equality. This analysis can help identify possible improvements in laws and policies related to abortion and fatherhood.
Objective: to analyze the impact and legal aspects of legal abortion from the perspective of fatherhood, considering the rights and responsibilities of men about the termination of pregnancy.
DEVELOPMENT
Abortion: History, concept, and characteristics, considering legal, ethical, and social aspects
Abortion is an issue that has been the subject of discussion and regulation in different societies throughout history. From ancient civilizations to the modern era, records of abortion practices and varied legal approaches can be found. In this section, we will review the historical evolution of abortion and how different cultures and legal systems have approached it.(1)
In ancient societies, opinions and regulations on abortion varied significantly. Some cultures permitted it under certain circumstances, while others considered it illegal and morally reprehensible. Examples of abortion practices and the ethical and legal conceptions accompanying them in civilizations such as the Egyptians, Greeks, and Romans will be explored.(1)
During the Middle Ages, the Catholic Church significantly influenced the regulation of abortion, considering it a grave sin. As the modern era progressed, new perspectives and debates on abortion arose about the development of science and medical advances. The predominant legal and ethical positions of this period and how they were reflected in the legislations of different countries will be analyzed.(2)
In more recent times, abortion has been the subject of discussion throughout the world. Movements and demands for decriminalizing and legalizing abortion have emerged, as well as resistance and arguments against it. Historical milestones, emblematic cases, and legal changes in different countries that reflect the transformations in attitudes and regulations related to abortion will be examined.(2)
Abortion can be defined as the voluntary or involuntary termination of pregnancy before the fetus is viable outside the maternal uterus before it can survive independently. From a legal perspective, abortion involves intentionally terming pregnancy by removing or expulsing the fetus from the uterus.(3)
The concept of abortion may vary according to each country or jurisdiction's legislation and legal interpretation. Some legal systems define abortion as the termination of pregnancy at any stage. In contrast, others establish limits based on the length of gestation, medical circumstances, or conditions under which termination is permitted.
It is important to note that the concept of abortion does not include cases of spontaneous pregnancy loss, known as miscarriage. Abortion refers exclusively to the deliberate intervention to terminate a pregnancy.
Abortion presents a series of particular characteristics that must be understood from a legal perspective. In this section, aspects such as the woman's will, fetal viability, the fetus's rights, the woman's health and safety, and the legal exceptions and conditions under which abortion is permitted in different jurisdictions will be analyzed. The legal and ethical implications associated with abortion in cases of sexual violence, risk to the life or health of the woman, and fetal malformations will also be addressed.
The issue of abortion has generated numerous debates and confrontations at both the legal and ethical levels. The main legal grounds used by proponents and opponents of abortion will be examined, including arguments based on women's reproductive rights, the fetus is right to life, personal autonomy, public health, and family protection. The various perspectives and legal positions adopted in different countries and legal systems will also be explored.
Voluntary Interruption of Pregnancy
Voluntary termination of pregnancy (VTP) is a controversial and complex issue that has generated debate worldwide. It is a medical procedure that allows women to end an unwanted pregnancy legally and safely. This chapter examines the characteristics of abortion, including its definition, prevalence, sociodemographic factors, and reasons that lead women to opt for this procedure.
The definition of abortion is the deliberate termination of a pregnancy before the fetus is viable outside the uterus. Viability refers to the ability of the fetus to survive independently outside the mother's uterus. Laws and regulations governing abortion vary around the world and, in many countries, are based on factors such as the length of pregnancy, the health of the mother, and the specific circumstances of the pregnancy.
The prevalence of abortion varies by region and sociocultural context. According to the World Health Organization (WHO), it is estimated that approximately 56 million abortion procedures are performed worldwide each year. However, it is essential to note that these figures may be underestimated due to the lack of official records and the performance of clandestine procedures in places where abortion is prohibited or restricted.
Several sociodemographic factors are associated with abortion. These include a woman's age, marital status, educational level, socioeconomic status, and geographic location. Women who are younger, unmarried, less educated, and of lower socioeconomic status are more likely to choose to have an abortion. In addition, rates of abortion tend to be higher in urban areas than in rural areas.
The reasons that lead women to choose abortion are varied and complex. Some of the most common reasons include lack of capacity to care for a child, concern about the impact on personal, educational, or work life, maternal or fetal health problems, pregnancy resulting from sexual violence or incest, and lack of support from the father or family. It is essential to remember that the reasons may vary according to the cultural and legal context in which the woman finds herself.
The psychological impact of abortion can have a significant psychological impact on the women who experience it. Some women may experience guilt, sadness, distress, or relief after the abortion. Women must receive emotional support and psychological care before, during, and after the procedure to ensure that they are provided adequate care and that their emotional needs are respected.
Access to abortion services varies considerably around the world. In some countries, abortion is legal and widely available in clinics and hospitals, while in other countries, it is highly restricted or even criminalized. Lack of access to safe and legal abortion services can lead women to resort to unsafe and clandestine methods, increasing the risk to their health and lives.
The ethical and moral considerations of abortion are complex. Debates about abortion involve
· issues related to women's reproductive rights,
· the moral status of the fetus,
· society's responsibilities toward the protection of life and
· individual autonomy.
These considerations vary according to people's cultural, religious, and philosophical beliefs.
After analyzing this chapter, we can affirm that voluntary termination of pregnancy is a medical procedure that allows women to end an unwanted pregnancy safely and legally. Its prevalence and characteristics vary according to the sociocultural and legal context in which the woman finds herself. It is essential to approach abortion from a comprehensive perspective, including access to reproductive health services, sexual and reproductive education, emotional support, and respect for women's rights and decisions.
Throughout this chapter, we have explored the definition and legal aspects of abortion, its prevalence and trends, associated sociodemographic factors, reasons that lead women to opt for this procedure, the psychological impact, access to abortion services, and the ethical and moral considerations surrounding this issue. Understanding these characteristics is fundamental to informing public policy and ensuring respect for and protection of women's rights about abortion.
Voluntary Interruption of Pregnancy in the Argentine Context
The voluntary termination of pregnancy has been the subject of debate and controversy in Argentina for decades. Historically, Argentine legislation has adopted a restrictive stance towards abortion, criminalizing its practice in most cases. However, over the years, different social and political actors have pushed for the need to reform existing laws to ensure safe and legal access to abortion.(4)
Before the historic reform of 2020, Argentina's Penal Code only permitted the termination of pregnancy in two circumstances: when the pregnancy resulted from rape or if it represented a danger to the woman's life or health. These restrictions left many women without safe and legal options to terminate an unwanted pregnancy.(5)
The feminist movement in Argentina has been a critical actor in the struggle for access to legal, safe, and accessible abortion. For years, massive marches, mobilizations, and awareness campaigns have been organized to make the issue visible and pressure a law change.(6)
After years of mobilization and debate, on December 30, 2020, the Argentine Congress approved the Law on the Voluntary Interruption of Pregnancy. This Law establishes the right of women and people with the gestational capacity to have access to termination of pregnancy up to 14 weeks of gestation, without the need to justify their decision.(7)
The Law on the Voluntary Interruption of Pregnancy is based on fundamental principles such as women's right to autonomy and reproductive decisions, the recognition of health as a human right, gender equality, and non-discrimination. These principles are crucial to understanding the Law's approach and impact on Argentine society.(8)
The Law guarantees access to safe and accessible abortion in the public health system, as well as in social security and prepaid medical insurance companies. In addition, it establishes that the procedure must be performed within ten days from its request, thus guaranteeing timely care without undue delay.(8)
The Law also establishes the right to conscientious objection of health professionals. However, it establishes that conscientious objection cannot be used to hinder women's access to voluntary termination of pregnancy. In case of objection, physicians and health professionals must refer the patient to another professional or institution that provides the service.(8)
The Law recognizes the importance of comprehensive sex education as a fundamental tool for preventing unwanted pregnancies and guaranteeing the sexual and reproductive health of individuals. In this sense, it establishes the obligation of the State to implement public policies on sexual education at all educational levels.
The implementation of the Law on the Voluntary Interruption of Pregnancy has had a positive impact on public health in Argentina. It is estimated that the legalization of abortion has contributed to reducing maternal mortality and complications derived from unsafe abortions.(9)
The approval of the Law has generated significant changes in Argentine society, promoting greater awareness of women's reproductive rights and the need to guarantee safe and legal access to abortion. It has also helped to break down the stigmas and taboos associated with the issue, fostering a more open and respectful debate.(10)
Despite the progress achieved with the approval of the Law on the Voluntary Interruption of Pregnancy, there are still pending challenges. It is necessary to continue working on the practical implementation of the Law, ensuring its enforcement in all provinces and guaranteeing equal access to abortion throughout the country. It is also essential to continue promoting comprehensive sexual education and preventing unwanted pregnancy as fundamental tools to avoid resorting to abortion.(11)
It can be affirmed that the approval of the Law on the Voluntary Interruption of Pregnancy in Argentina represents a historic milestone in the struggle for the reproductive rights of women and people with gestational capacity. This Law recognizes the right to decide about one's body and guarantees safe and legal access to abortion, promoting gender equality and non-discrimination. However, despite the advances, there are still pending challenges in implementation and equitable access to abortion throughout the country. The struggle for reproductive rights is ongoing and requires the commitment of all of society to achieve true equality and autonomy for women.
Responsible fatherhood
Responsible fatherhood is a concept that implies both rights and responsibilities on the part of men in the context of pregnancy and abortion. As society advances and evolves, it is critical to understand the importance of gender equality and men's active participation in reproductive decisions. In this chapter, we will explore men's rights and responsibilities at the national and international levels about pregnancy and abortion and analyze their impact on building a more equitable society.(12)
In pregnancy, men have the right to receive complete and accurate information about the different aspects of gestation, including fetal development, the physical and emotional changes experienced by the woman, and the care and precautions necessary during this period. In addition, they have the right to actively participate in the decision-making process related to pregnancy, such as choosing a doctor or prenatal care center, planning the delivery, and preparing for the baby's arrival.(13)
Men have the right to be present during pregnancy and childbirth, providing emotional and physical support to the woman. This active and committed presence can strengthen the couple's relationship and contribute to a more positive and safe environment for mother and baby. In addition, being present during childbirth allows men to share the experience and bond early with their children.
Once the baby is born, men have the right to be legally recognized as fathers and to assume all the responsibilities and rights associated with fatherhood. This includes the right to establish custody and visitation arrangements, make decisions critical to the child's well-being, and provide financial and emotional support.
Men are responsible for providing emotional support to their partners during pregnancy, recognizing and validating the emotional and physical changes they experience. In addition, men must actively prepare for the baby's arrival by participating in childbirth classes, educating themselves about parenting, and providing a supportive and understanding environment.(14)
Men have a responsibility to contribute financially to the welfare of the child. This involves providing adequate financial resources to cover expenses related to child-rearing, such as food, housing, education, and medical care. Men must also fulfill their legal child support obligations, thus ensuring the child's economic well-being.(14)
Men must take active responsibility for decision-making related to pregnancy and abortion. This includes engaging in open and respectful discussions with their partners, considering the needs and desires of both partners and making informed and consensual decisions. While it is essential for men to express their opinions, they must also respect women's autonomy and right to decide about their bodies.
The Convention on the Rights of the Child, adopted by the United Nations in 1989, recognizes the right of the child to maintain personal relations and direct contact with both parents unless this is contrary to his or her best interests. This perspective emphasizes the importance of men's active participation in their children's lives and the need to promote responsible fatherhood.(15)
Laws related to abortion vary considerably from country to country. In many cases, abortion decisions rest solely with the woman, and men have no legal right to intervene in this process. However, some countries recognize the right of men to be consulted or informed about abortion-related decisions. It is vital that legislation in this area promotes gender equality and respects the rights and autonomy of women.(16)
Responsible fatherhood implies active and committed participation on the part of men in the context of pregnancy and abortion. Recognizing men's rights and responsibilities in this area is fundamental to building a more equitable society and fostering relationships based on mutual respect. Through information, emotional support, participation in decision-making, and fulfillment of financial responsibilities, men can contribute to the physical, emotional, and economic well-being of mother and child and play an active role in the upbringing and development of their children.
Abortion and Responsible Parenthood
Abortion is a highly controversial and complex topic that generates intense societal debate. Often, the focus is on women's perspectives and experiences. However, it is equally important to examine men's involvement in the abortion-related decision-making process and how their fatherhood is affected by unwanted pregnancies. This chapter will analyze the emotional, psychological, and social implications for men when faced with the option of abortion, as well as their positions and perspectives, considering religious, cultural, ethical factors, personal experiences, and family values.(17)
When a couple faces an unwanted pregnancy, it is essential to consider how male paternity is affected in this situation. Like women, men may experience a wide range of emotions and internal conflicts when deciding about abortion. Some men may feel equally committed to the responsibility of fatherhood. In contrast, others may experience a sense of disconnection or even desire not to have children at that point in their lives.(18)
However, abortion decision-making often ultimately rests with women, as they are physically carrying the pregnancy. This can leave men feeling powerless or excluded from decision-making, which can have significant emotional and psychological implications.
When faced with the option of abortion, men may experience a variety of emotional, psychological, and social implications. Some may feel intense pressure to support or influence the woman's decision, which can lead to internal and emotional conflict. They may experience feelings of sadness, guilt, anxiety, or loss, especially if they wish to become parents but the woman chooses to terminate the pregnancy.(19)
In addition, men may face social stigma and lack of support around their abortion experience and emotions. Society often expects men to be strong and repress their emotions, making it difficult to express their grief or seek the support they need to cope with this difficult time.
Men's positions and perspectives on legal abortion are diverse and influenced by several factors. Religious, cultural, and ethical beliefs can significantly impact how men view abortion. Those who adhere to religious or cultural beliefs that view abortion as morally wrong may hold positions against legal abortion.
However, it is essential to note that not all men share the same beliefs and values. Some may support women's right to decide about their bodies and recognize that safe and legal abortion is fundamental to ensuring women's autonomy and health.
In addition to religious and cultural factors, personal experiences may also influence men's positions on legal abortion. Those who have had close personal experiences with abortion, either through previous partners or friendships, may have a more empathetic and compassionate understanding of the complexities and difficulties associated with abortion decision-making.(20)
It is essential to encourage open and respectful dialogue between men and women about abortion and its implications. Both genders should be able to share their perspectives and experiences, recognizing the complexity and challenges they face in addressing this issue. By having an informed and empathetic conversation, greater mutual understanding and support can be promoted.
Women's voices and perspectives have historically dominated the debate and legislation on legal abortion. However, it is critical to recognize that men also have an essential role in this issue, as they are potential fathers and have rights and responsibilities regarding pregnancy and parenting. This chapter aims to provide recommendations and proposals to promote greater involvement and support of men in the debate and legislation on legal abortion, recognizing their rights and responsibilities as potential fathers.(21)
To encourage greater involvement of men in the debate and legislation on legal abortion, it is essential to provide education and awareness on the issue. This involves providing objective, evidence-based information about reproductive rights, abortion, and the implications for both women and men. Education should include explaining the legal and medical processes related to abortion and promoting mutual respect and understanding between the genders.(15)
It is essential to include men in the conversation about legal abortion and provide safe and respectful spaces to share their perspectives and experiences. This can be achieved through community forums, discussion groups, or awareness campaigns that engage men and women equally. Allowing men to express their opinions and concerns can build a more balanced and understanding dialogue on the issue.(22)
When faced with the option of abortion, men may experience a wide range of emotions and need emotional and psychological support. It is essential to provide counseling and support services specifically targeted to men in this situation. These services can help men understand and process their feelings, provide them with tools to cope with emotional stress and promote their overall well-being during this challenging process.(23)
It is essential to recognize men's rights and responsibilities as potential fathers in the context of legal abortion. This involves ensuring that men have access to information about their legal rights and options in the event of an unwanted pregnancy. In addition, resources and support should be provided for those men who wish to assume fatherhood and provide them with the necessary tools to be responsible and committed fathers.(23)
Men should be encouraged to participate in the legislative process related to legal abortion actively. This may involve writing letters to political representatives, participating in public hearings, or joining reproductive rights advocacy groups. By raising their voices and supporting policies that promote equity and respect for reproductive rights, men can play a crucial role in promoting a more inclusive and supportive legal environment.(23)
Health services also have an essential role in promoting men's participation and support in the debate and legislation on legal abortion. Health professionals must recognize the importance of including men in discussions and decisions related to abortion. This involves providing information and counseling to men and encouraging their participation in prenatal and postabortion consultations, always respecting confidentiality and women's rights.
This chapter analyzed men's participation in abortion. It was found that abortion is a complex issue that affects men and women differently.
Men's participation in the decision-making process related to abortion and their paternity in cases of unwanted pregnancies can be affected in various ways. Men may experience significant emotional, psychological, and social implications, and religious, cultural, ethical, personal experiences, and family values influence their positions and perspectives on legal abortion.
To move toward a more understanding and respectful society, it is critical to foster an open and empathetic dialogue about abortion, recognizing the diversity of experiences and perspectives. In doing so, greater understanding and support can be achieved for all individuals involved in abortion-related decision-making, regardless of gender.
Promoting greater involvement and support for men in the debate and legislation on legal abortion is critical to achieving a balanced and comprehensive approach to this issue. Through education, inclusion, emotional support, recognition of parental rights and responsibilities, participation in legislation, and health awareness, essential steps can be taken toward building a society that values and respects the perspectives and experiences of all individuals involved in abortion decision-making. By recognizing and promoting men's rights and responsibilities, a more equitable and compassionate approach to the debate and legislation on legal abortion can be achieved.
CONCLUSIONS
Voluntary termination of pregnancy has been a highly relevant issue in the Argentine context in recent years. Since the approval of the Law on the Voluntary Interruption of Pregnancy in December 2020, there have been significant changes in legislation and how Argentine society approaches this issue. In this chapter, we will explore the legal framework and rights involved in abortion in Argentina, analyzing its impact and the remaining challenges.
To understand the current situation of abortion in Argentina, it is essential to analyze the historical background and the social context in which the debate has developed. For decades, access to abortion was restricted mainly in the country, leading to numerous negative consequences for women's health and rights. However, the struggle of feminist and human rights movements succeeded in bringing about a significant change in this area.
In December 2020, Argentina became the fourth country in Latin America to legalize abortion. The Law on the Voluntary Interruption of Pregnancy establishes that every pregnant woman has the right to have access to termination of pregnancy up to 14 weeks of gestation without the need to justify her decision. In addition, it establishes a maximum period of ten days to perform the procedure once it has been requested.
This legislation also guarantees free access to abortion in the public health system and establishes that physicians and health professionals cannot conscientiously object institutionally. However, it provides that those professionals who object for personal reasons must refer the patient to another colleague willing to perform the procedure.
The legalization of abortion in Argentina is based on recognizing the fundamental rights and guarantees of pregnant women. These include the right to health, the right to autonomy and informed decision-making, the right to equality and non-discrimination, and the right to privacy and intimacy.
The Law also establishes that persons under 13 years of age have the right to access abortion with the assistance of at least one parent or legal guardian. On the other hand, adolescents between 13 and 16 years of age may consent autonomously, but the participation of at least one parent or legal guardian is recommended.
Despite the progress achieved with the legalization of abortion in Argentina, significant challenges remain. One is to guarantee adequate access to abortion throughout the country, especially in rural and low-income areas.
REFERENCES
1. Bellucci M, Muñoz C. Historia de una desobediencia: Aborto y feminismo. Capital Intelectual; 2019.
2. Garrido Calderón J. El Aborto en la historia. Charla pronunciada en la cena conmemorando el XVI aniversario de la fundación de la Revista Acta Medica Dominicana el 10 de febrero de 1995, Salón Bohechio, Hotel Santo Domingo 1995;17:30-3.
3. Zurbriggen R, Anzorena C. El aborto como derecho de las mujeres. Otra historia es posible Buenos Aires: Ediciones Herramienta 2013.
4. Tarducci M. Escenas claves de la lucha por el derecho al aborto en Argentina. Salud Colectiva 2018;14:425-32. https://doi.org/10.18294/sc.2018.2036.
5. Szulik D, Gogna M, Petracci M, Ramos S, Romero M. Anticoncepción y aborto en Argentina: perspectivas de obstetras y ginecólogos. Salud Pública de México 2008;50:32-9.
6. Belgrano Rawson M. Ley de matrimonio igualitario y aborto en Argentina: notas sobre una revolución incompleta. Rev Estud Fem 2012;20:173-88. https://doi.org/10.1590/S0104-026X2012000100010.
7. Monte ME, Vaggione JM, Monte ME, Vaggione JM. Cortes irrumpidas. La judicialización conservadora del aborto en Argentina. Revista Rupturas 2019;9:104-22. https://doi.org/10.22458/rr.v9i1.2231.
8. Senado y Cámara de Diputados de la Nación Argentina. Ley No 27.610 - Acceso a la Interrupción Voluntaria del Embarazo (IVE), obligatoriedad de brindar cobertura integral y gratuita. Argentina.gob.ar 2021. https://www.argentina.gob.ar/noticias/ley-no-27610-acceso-la-interrupcion-voluntaria-del-embarazo-ive-obligatoriedad-de-brindar (accedido 28 de junio de 2023).
9. Discacciati V, Epstein D, Musarella N, Volij C, Volpi M. En 2020, el aborto en Argentina salió de la clandestinidad. Evidencia, actualizacion en la práctica ambulatoria 2021;24:e002115-e002115. https://doi.org/10.51987/evidencia.v24i1.6910.
10. Romero M, Ramos S, Ramón Michel MA, Keefe Oates B, Rizzalli E. Proyecto mirar: A un año de la ley de aborto en Argentina. Centro de Estudios de Estado y Sociedad; Ibis Reproductive Health; 2021.
11. Chattás PS. La incidencia de la Campaña Nacional por el Derecho al Aborto Legal, Seguro y Gratuito en la real implementación de la ley de Interrupción Voluntaria del Embarazo en CABA (2020-2022). Anuario del Conflicto Social 2022:e-40984. https://doi.org/10.1344/ACS2022.13.16.
12. Moraes CA, Mochi T de FG, Carrillo JRP. La responsabilidad paterna para embriones producidos en un ciclo de reproducción humana asistida: un análisis a la luz del principio de paternidad responsable. Misión Jurídica 2020;13:1-22. https://doi.org/10.25058/1794600X.1793.
13. Rodriguez Lopez YM. Paternidad responsable en el aprendizaje significativo de los alumnos de la I.E. N°20820 “Nuestra Señora de Fátima-Huacho, durante el año escolar 2020. Universidad Nacional José Faustino Sánchez Carrión 2021.
14. Perera AM. La paternidad, visión desde una perspectiva biopsicosocial. Rev Cub Gen 2018;12:1-12.
15. Mosqueda Padrón L. Educación sexual: camino a la prevención del embarazo precoz. EduSol 2020;20:160-74.
16. Bermúdez GM, Delgadillo JNG. Análisis jurídico de la paternidad con perspectiva de género: una visión desde la masculinidad. Revista Latinoamericana de Derecho Social 2015:31-59.
17. Ochoa Rodríguez Y, Rodríguez Labañino Y, Ochoa Rodríguez Y, Rodríguez Labañino Y. Aborto en la adolescencia, un reto como problema biopsicosocial actual para la Atención Primaria de Salud. Multimed 2021;25.
18. Rodríguez Parrales DH, Zambrano Caballero GA, Zambrano García DA, Zambrano Álava SN. Hablemos del aborto: un enfoque en su legalización en Ecuador. Dominio de las Ciencias 2021;7:296-311.
19. Santillán Delgado G, García Rosas A, Robles Cardoso R. Derecho a la paternidad, equidad de género y la permisibilidad del aborto en la ciudad de México. Contribuciones a las Ciencias Sociales 2020:22.
20. Gaete A. Una reflexión sobre el aborto. Evidencia, actualizacion en la práctica ambulatoria 2021;24:e002118-e002118. https://doi.org/10.51987/evidencia.v24i1.6918.
21. Romero Tapias OY. El aborto y sus acepciones una revisión del tema 2018.
22. Vega Solórzano AR. La paternidad, un modelo desde san José como respuesta a la ideología de género. bachelorThesis. 2023.
23. López MFS, Velázquez MAS, González YD, Martínez UR. VIVENCIA Y SIGNIFICADO DE LA INTERRUPCIÓN DEL EMBARAZO PARA UN HOMBRE. Revista Electrónica de Psicología Iztacala 2019;22.
FINANCING
No financing.
CONFLICT OF INTEREST
The authors declare that there is no conflict of interest.
AUTHORSHIP CONTRIBUTION
Conceptualization: David Levinstein.
Research: David Levinstein.
Methodology: David Levinstein.
Drafting - original draft: David Levinstein.
Writing - proofreading and editing: David Levinstein.