Law 27.610 regulates access to voluntary and legal abortion and follow-up care for all persons with the capacity to become pregnant. It is mandatory throughout the country. Likewise, everyone has the right to post-abortion care, whether or not it has taken place in the situations provided for by law, and to access to contraceptive methods. The pregnant person has the right to access the termination of his pregnancy in the services of the health system within a maximum period of 10 calendar days from his request. Persons acting as a support system do not represent or replace the person with a disability in the exercise of their rights. It is therefore necessary that the support system contains adequate safeguards to prevent abuses and to ensure that decisions are taken by the rightholder. Health workers must guarantee the following minimum conditions and rights in the management of abortion and abortion: Outside the period specified in the previous paragraph, an abortion performed with the consent of the pregnant person is not punishable: after the 14th week, the pregnant person has the right to decide on the termination of his pregnancy and to access it only in the following situations: Women and people with different gender identities who have the opportunity to become pregnant have the right to decide on and have access to abortion until the 14th week of pregnancy. Access to abortion requires informed consent in accordance with the provisions of this Standard. Article 88: A pregnant person who, after the fourteenth (14th) week of pregnancy and provided that the cases provided for in Article 86 initiate his own abortion or consent to another abortion, is punished by a term of imprisonment of three (3) months to one (1) year. The penalty may be lifted if the circumstances make the conduct excusable. In the medical history, the granting of informed consent must be recorded.
In cases where consent cannot be given in writing due to the conditions of the pregnant person, it will be given in a format that is accessible to him, such as Braille, digital, audio, etc., and must be included in the medical record. Since the recent adoption of Law No. 27610, women and persons with different gender identities with the capacity to become pregnant have the right to decide on and access the termination of their pregnancy (IVE) until the fourteenth full week. This means that they will be able to request abortion without needing anything other than their will. Voluntary termination of pregnancy (IVE) refers to the right to abortion with the request as the only requirement until the fourteenth week of pregnancy (including 14). Children under the age of 13 can access the IVE/ILE with the help of people in formal or informal care roles, close people or emotional speakers. You must participate in the decision-making process with the girl and also sign the consent form. (c) Request and receive post-abortion care in the services of the health system, without prejudice to the fact that the decision to abort would have been contrary to the cases permitted by law under this Act; Under no circumstances should judicial authorization for access to abortion be requested. Quality.
Health workers must respect and ensure the treatment of abortion in accordance with the scope and definition of the World Health Organization. Supervision is carried out according to standards of quality, accessibility, technical competence, selection of available options and up-to-date scientific information. Teachers, professionals and other health workers should be trained in gender perspective and sexual diversity in order to provide care, confinement and follow-up to those requesting a voluntary termination of pregnancy, as well as to officials working in these processes. 4 – Voluntary termination of pregnancy. Women and people with different gender identities with the possibility of becoming pregnant have the right to decide on and have access to abortion until the fourteenth week (14) of the pregnancy process. Protocol for the comprehensive care of persons entitled to a voluntary and legal termination of pregnancy. Updated 2021. b) Data protection. Any medical care activity aimed at obtaining and transmitting clinical information and documents about the patient must ensure the establishment and maintenance of an environment of trust between health workers and persons seeking care, and must respect strict respect for their privacy, human dignity and autonomy of will, and adequate protection of confidentiality; Only the information will be shared or your family or companion will be admitted with your express permission in accordance with the provisions of Article 8 of this Law.
Informed consent is signed by the pregnant person requesting the IVE/ILE. All persons with and without disabilities have the right to approve the practice themselves. For children (before the age of 13), they must be supported by someone who performs formal or informal care roles. As a general rule, young people can access the IVE/ILE autonomously (see „Can children and young people apply independently for the internship?“) Comprehensive healthcare throughout the process. In cases where the termination of a pregnancy resulting from rape is requested, health workers provide the applicant with information on the rights set out in the Comprehensive Protection Act for the Prevention, Punishment and Eradication of Violence against Women, in particular on the care resources and channels available for criminal complaints and the possibility of legal advice. They can not be „objectors“ who do not directly perform the practice of interruption, such as those who must guarantee, for example: ultrasound, measurement of blood pressure or temperature, follow-up after abortion, delivery of drugs, anesthesia, among others. If the pregnancy is the result of rape. In this case, the informed consent of the pregnant person is required before the health worker and the affidavit, that is, the document in which the applicant indicates that the pregnancy is the result of rape.
No affidavit is required for girls under the age of 13. Under no circumstances can a judicial or police complaint be required as a condition of access to the firm. Adolescents between the ages of 13 and 16 can usually access the IVE/ILE without assistance. Only in cases where the implementation of IVE / ILE for a certain reason poses a serious danger to your health or life, it is necessary that they are supported by an emotional speaker, by people who formally or unofficially exercise care roles, close people indicated by the teenager. Article 85: The person who causes an abortion is deleted: access to the full text of Law 27.610 can be seized here. To access the full text of Decree 14/2021 promulgating Law 27.610, you can enter here. This law regulates voluntary abortion and follow-up. This law is promulgated in accordance with the commitments made by the State in the field of public health and the human rights of women and persons with different gender identities with the capacity to become pregnant in order to reduce morbidity and mortality.
The Ministry of Health is the agency responsible for enforcing this law. Article 87: It is abolished or abolished with a prison sentence of six (6) months to three (3) years, the one who forcibly causes an abortion without having had the purpose of causing it, if the state of pregnancy of the pregnant person is known or known. Adolescents over the age of 16 can access the IVE/ILE at any time without the need for support, as they decide in adulthood to care for their own bodies. If the court decision restricting legal capacity prevents consent to the exercise of the rights provided for in this Law or if the person has been declared incapacitated by the court, he must give his consent with the help of his legal representative or, in the absence of a legal representative, that of an affiliated company in accordance with article 59 of the Civil and Commercial Code of the Nation. Data protection: Medical measures to obtain and transmit clinical information and documents must ensure an environment of trust between health workers and those in need of care. Privacy, human dignity and the autonomy of the will must be respected, as well as the protection of patient confidentiality. The information will only be shared or recorded with the family or a companion if the patient expressly authorizes it. The patient must also be protected from illegal interventions by third parties. In case of violation of girls or adolescents, the obligation to report the violation of the rights provided for in article 30 of Law 26.061 and the obligation to file a criminal complaint under article 24, paragraph e) of Law 26.485 must be fulfilled with respect for the right to privacy and confidentiality of girls and adolescents. Their progressive capacity and well-being must also be respected in accordance with the Convention on the Rights of the Child, Law 26.061 and article 26 of the Civil and Commercial Code, and access to the rights set forth in this Law must not be hindered or delayed.