Quién(es) decide(n) la IVE. Nuevos contextos y viejos argumentos en el campo jurídico
In this paper, I attempt to reflect on the judicial presentations that imply a hinder to access to (non) reproductive rights of women and people capable of bearing a child during 2021, after the approval of the Voluntary Termination of Pregnancy Act was passed in December 2020. In this sense, from t...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9048939 |
| Source: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 26, 2022 |
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| Summary: |
In this paper, I attempt to reflect on the judicial presentations that imply a hinder to access to (non) reproductive rights of women and people capable of bearing a child during 2021, after the approval of the Voluntary Termination of Pregnancy Act was passed in December 2020. In this sense, from the theory developed by legal feminisms, I analyze a presentation in La Rioja made by the ex-partner of a pregnant woman who filed an amparo action to prevent her from getting access to an IVE procedure, and a presentation in Mar del Plata, where the suspension of the applicability of the IVE Act was decreed in the federal jurisdiction. These two precedents appear to be in line with that of CABA (Autonomous City of Buenos Aires) which requests the cessation of cryopreservation of embryos. This request has been denied by the Civil Court, declaring that the non-implanted embryos have human quality and therefore must be protected by the legal system.. The underlying question is the one that the feminist and women's movements have been asking since the recovery of democracy in our country: who , and with what arguments, decides over the bodies and life projects of women? |
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