A 17-year-old woman presented herself at the Justice of Paso de los Libres, Corrientes, with a pregnancy resulting from a rape and a clear request: the Legal Interruption of her pregnancy. But as is the case systematically in many parts of the country, it was unable to accede to that right. This case has several other peculiarities that make it chilling since the state disillusionness suffered and suffers the victim not only exists in the denial of this right. The young woman already has a two-year-old daughter, also the product of rape. Her stepfather has been abused by her since she was 13. All of this data, which is reason enough for the victim to agree to stop her pregnancy, is not enough for the Race government to comply with the law. When the young woman asked for an ILE, she only obtained persuasion and with it the dilation of gestation times that make access to this right more complicated. But to all those aberrations there is something else. As the child did not want to be a mother or have contact after birth with him or her baby, Judge Marta Rut Lagarreta decided and granted her prenatal adoption of the neonto. I mean, he hasn’t been born yet but he already has an adopting family, a situation that sets a very dangerous precedent when talking about the access of a Legal Abortion because, if you can adopt a fetus that is still inside the young woman’s womb and that doesn’t even reach three months , for justice is being considered a person. To understand a little more what happens to the case and how legal the ruling is, Filo.News spoke with Nora Maciel, Defender of the Poor and Absentee of the province of Corrientes Capital and with Soledad Ros, which is part of the Women of Corrientes Collective: From the beginning , all wrong
San Jose Hospital. Photo: Facebook.
The young woman repeatedly stated that she did not want to be a mother again. A month ago, after talking to the Forensic Judge and the Juvenile Counsel, the child was referred to San Jose Hospital. They were going to practice the corresponding ILE. But when she arrived at the hospital and had the necessary checkups, she was intervened by a group of psychologists and psychologists who told her that if she finally stopped her pregnancy, she was life-threatening. “The victim’s pregnancy is today in its 23rd week. But we have to keep in mind that there was a whole process. From the time she went to the judge and expressed her will until she arrived at the hospital, time passed. I think the delay affected the development of the case,” Maciel muses. Just as happened in Jujuy and Tucumán, again, conservative and religious groups manage to oppose and close the desire and right of a victim. But this case is not exceptional and the abused girls who are forced to give birth in the hospitals of Corrientes, there are so many. “It is engaging not only in something illegal but also in a matter of vulnerability of all rights. She lives with the abuser and no one is responsible for this teenage girl, neither the Hospital nor the judge. We have many cases of abused girls or with some kind of disability, who are made to give birth in violation of this protocol rectified by the supreme court,” Soledad says. Adoptsomething that doesn’t exist yet
Judge Marta Rut Legarreta, in charge of the Family Court of Paso de los Libres, granted the care of a baby before his birth to a marriage registered in the Province’s Unique Register of Aspirants. The measure is unprecedented in the country and is, they insist, from different agencies, unconstitutional. “I read the entire ruling and they sell it as prenatal adoption, but prenatal adoption in our legal system is not planned. That such a decision has been made before the baby is born has skinny or no foundations according to current law,” Maciel explains. While it is the first time something like this has happened and the decision is not based on any civil code rule, it has the consent of the victim so there is no legal action that can be taken to stop it. A protocol is needed
Pregnant Women ? Photo: Twitter.
Corrientes has one of the highest child maternity rates in our country (ten babies are born per day whose mothers are between 15 and 19 years old and every three days a girl between the ages of 10 and 14 becomes a mother because of rape) and is one of the provinces selfproc beloved “Provida”. Under that premise, it is not surprising that the action regarding access to a Legal Interruption of Pregnancy is negligent. There is no protocol of the Legal Interruption of Pregnancy so that only an abortion that cannot be punishable by means of judicialization can be accessed. It is the judges who must or should not authorize the process and intervention. It should be noted that in case of danger to the life of the mother or rape, it is provided for in the Criminal Code of our country since 1921 and was recently reaffirmed by a ruling of the Supreme Court of Justice of the Nation in which the law and the Nacio Protocol are ratified Legal Interruption of Pregnancy (ILE) so that in these cases the termination of pregnancy can occur even without the need for justice. Although, apparently, not in Corrientes. “The lack of not having an ILE protocol is serious. It would have prevented a minor from being intervened by so many professionals to express their will. If she first states that she doesn’t want to, the hospital psychologists should have intervened right here. An ILE should have been practiced here,” she says. The protocol, in addition to ensuring ILE, becomes a containment network. When a woman who is a victim of rape decides to terminate her pregnancy, the State must accompany her in an integral manner. “When declaring themselves a ‘pro-life’ province, public policies do not exist with respect to these cases, and professionals who are willing to help do so also do so because they are afraid that a cause will be opened to them,” Soledad adds. To endizzar and also to place ourselves in what kind of power is faced by feminist movements that seek to end the torture of these girls, by talking to more members of the Women’s Collective, we learn that, for example, one of the the province’s main public hospitals make religious publications on its official social networks. Or that by entering the nosocomio, a giant banner in favor of “the 2 lives”, welcomes the place.
