Global Women's Voices: Share Personal Stories

Jane, Argentina

Submitted by: Campaña por una Convención de los Derechos Sexuales y los Derechos Reproductivos

In the Granaderos a Caballo de San Lorenzo hospital, an 11-year-old girl was brought in because she had been raped. As a result of the rape, she is now 6-months pregnant. Current legislation protected the young woman’s identity. However, this was the only benefit she received in a government that does not allow abortion in cases of rape.
This is about a girl whose body is not prepared to be a mother. Note (? She is physically able obviously but not mentally?) In the eyes of the law, a 30 year old woman and an 11 year old girl are the same. Each are forced to carry their pregnancy to term, despite the huge difference in age. This was the legal machinery in which the juvenile girl was helplessly trapped, leaving her no choice but to physically endure the consequences of her rape.

This case exposes an antiquated judicial system NOTE(unclear shouldn’t this be Legal system?) inspired in the XIX century by the German code of Law. These conditions cause abortions to be viewed as illegitimate in almost all circumstances. The penal code only allows it when the life of the mother is at stake or if the pregnancy is a result of rape on a mentally disabled woman.

This scares doctors to the extent that even in cases where abortion is permitted by law, they prefer not to do it without a judge’s consent. If the girl of San Lorenzo were to be mentally disabled as the penal code says, then there would have been a chance to interrupt the pregnancy. The law, which the judges must follow, does not take into account the physical, and psychological risks associated with pregnant adolescents. For example, the possibility of having a premature birth, hemorrhages, c-sections, low weight babies, and health complications during the first days after the baby is born or in the first few years is higher for very young mothers. These risk factors have not been taken into consideration by the penal code of German descent.

There is a proposed bill to make abortion legal. It was brought to the floor by the national deputy, Ruben Giustiniani, and would give all female victims of rape, including minors with parental consent, the option to have an abortion.

“In these types of cases, there should be an authorization,” says Councilwoman Silvia Ausburguer. She added that the legislation should be very explicit so it wouldn’t be left up to judicial interpretation. Currently, none of the bills that deal with this issue have been able to reach a consensus with supporting groups or the opposition, hampering debate.

The judges state that there is no difference in the eyes of the law between a girl and a woman that becomes pregnant as a result of rape. “It is an ideological issue,” said Judge Jorge Cartelle, who is handling the pregnant 11 year-old’s case. Cartelle also spoke about the increase of girl and teenage pregnancies saying, “The governments should create laws to prevent and help minimize the cases that are brought to justice, and provide an organization that will identify these cases early on.”

Lucrecia Arandela, from the municipal office of social promotion (women’s area), said “A government that lets a raped girl become a mother is a repressive state.” If the first imposition was the rape, the second one is the penalization of abortions for women with a ‘normal’ IQ.

“This is a violation of human rights because it imposes on the girl an identity that she didn’t elect. The identity is much more than a name, on the contrary they are considering this child as a empty recipient that has to accept that which has been imposed in her,” Aranda explained.


Statistics about Martin maternity:

The convention of children’s rights does not take in to account pregnant girls, as well as the current Argentine legislation. Meanwhile, every year the amount of girls and teenagers that become pregnant increases. For example, 10% of the deliveries in a year, are from girls young

updated: 7/2/2004