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Aborto Legal 2020 Pdf

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The Constitutional Court declares the criminalization of consensual abortion enforceable, in the sense that the crime is not configured if the behavior is performed before the 24th week of pregnancy, and without subjecting this limit if the reasons set out in the C-355 judgment of 2006 are set out. The new penal code expands the grounds for decriminalizing abortion. According to this legislation, abortion is not punishable during the first eight weeks of pregnancy and in the following circumstances: if the woman is a student or responsible for the elderly, disabled or other minors bound by blood or not; in case of fetal malformations incompatible with life; if the pregnancy is the result of assisted reproduction to which the woman has not consented; and whether the pregnant woman is a girl or a teenager. Similarly, the voluntary termination of pregnancy during the first eight weeks does not constitute a criminal offence if: it is carried out to prevent a present or future risk to the life of the pregnant woman; is carried out to prevent a present or future risk to the overall health of the pregnant woman; and if the pregnancy is the result of rape or incest. Reform of various provisions of the Penal Code for the Free and Sovereign State of Oaxaca. Section 312 is amended to clarify that abortion is the termination of pregnancy after the twelfth week of pregnancy. The text stipulates that natural and legal Uruguayan citizens and foreign women with more than one year of residence in the country have access to voluntary termination of pregnancy (IVE). IVE can only be performed within 12 weeks of pregnancy, with the following exceptions: (a) if the pregnancy poses a serious risk to the woman`s health; (b) If a pathological process is detected that causes malformations incompatible with ectopic life; (c) If it is the result of an offence. The law guarantees the principles and rules of confidentiality, informed consent and respect for the autonomy of the will for the person and medical institutions. The interdisciplinary team should: (a) guide and advise women in the prevention of future pregnancies as well as in family planning programmes; (b) meet with the parent if the woman has given her consent; ensure that the woman`s decision-making process remains free from pressure from third parties and refrain from assuming the role of rejecting or approving abortion or expressing personal opinions for or against the applicant`s decision.

Conscientious objection: Medical and technical personnel who have to intervene directly in an abortion may protest for reasons of conscience. The exercise of this right obliges the doctor to personally refer the patient to another doctor in order to ensure continuity of the patient`s immediate care. The conscientious objector may revoke it at any time in writing. Administrative, operational and other personnel who are not directly involved in the medical act concerned cannot bear moral conscience. Conscientious objection cannot be invoked in actions after abortion. Law No. 21.030, promulgated on 14 September 2017 regulating the decriminalization of voluntary abortion for three reasons, amended, inter alia, the Health Act, replacing its article 119 and adopting articles 119 bis, 119 ter and 119 quarter. In this context, the Conscientious Objection Ordinance is approved by Decree No. 67 of 2018, in accordance with the provisions of Article 119 ter of the above-mentioned Code.

It is common ground that a surgeon who is required to terminate the pregnancy for one of the reasons described in Article 119(1) of the same legal person may refrain from carrying out the pregnancy if he has expressed his conscientious objection in writing and in advance to the director of the health institution. Similarly, the same command guarantees the rest of the health workers responsible for carrying out their duties in the surgical pavilion during the procedure just described. Finally, this legal norm stipulates that an institution may invoke conscientious objection. Notwithstanding the above, the Office of the Auditor of the Republic in its Opinion No. 11.781 of 2018 stressed that some health institutions cannot be conscientious objectors, including private health institutions that are considering obstetric and gynecological services, which by their nature include care in the pavilion and have signed the agreements subject to the provisions of the decree with the force of Law No. 36. from 1980 from the Ministry of Health. If the woman needs immediate and urgent assistance and invokes the reason of No. 1 of the first paragraph of article 119 of the Health Code (“The woman is at vital risk, so that the termination of pregnancy avoids a danger to her life”), the institution that expressed a conscientious objection to military service, do not excuse the implementation of termination of pregnancy. The objective of this law is to regulate access to voluntary termination of pregnancy and post-abortion care, in accordance with the commitments made by the Argentine State in the field of public health and human rights of women and persons with different gender identities with the ability to become pregnant, and to contribute to the reduction of preventable morbidity and mortality.

It enshrines the right of women and people with different gender identities who are able to decide and have access to abortion before the fourteenth week (14) of the pregnancy process. Code of Medical Ethics. It provides that if the physician, on the basis of his or her personal beliefs, believes that he or she should not perform an abortion, even if the abortion is protected by law, he or she may withdraw assistance and must refer the patient to another physician. Article 150 of the Penal Code provides that abortion is not punishable if it is performed by a doctor or other trained health professional who has the consent of the woman or her spouse, partner, intimate relative or legal representative, if she is unable to perform it, in cases where the life or health of the pregnant woman is in danger and if this danger is in danger. It cannot be avoided by other means and if the pregnancy results from the rape of a woman with an intellectual disability. Articles 147 to 149 specify the cases in which abortion may be criminalized and the penalties imposed. It is punishable by 5 to 7 years in prison for anyone who has induced an abortion for a woman who has not consented, and in the case where the woman has consented, a prison sentence of 1 to 3 years. It is punishable by imprisonment from six months to 2 years if the woman voluntarily consents or initiates abortion.

In the event that the means used to abort a woman cause her death, the person who requested or indicated it shall be punished by a penalty of 7 to 10 years` imprisonment if the woman has consented to the abortion; and a prison sentence of 13 to 16 years if the woman has not consented. It stipulates that the voluntary termination of pregnancy is not punishable and, therefore, articles 325 and 325 bis of the Penal Code are not applicable if the woman meets the legal requirements and is carried out during the first 12 weeks of pregnancy. Through this law, the State guarantees the right to conscious and responsible reproduction, recognizes the social value of motherhood, protects human life and promotes the full exercise of the sexual and reproductive rights of the entire population in accordance with the provisions of chapter I of Law 18,426 of 1 December 2008. Voluntary termination of pregnancy, which is regulated in this text, is not a birth control instrument. The voluntary termination of pregnancy by a surgeon is decriminalized for the reasons set out in article 1: (1) the woman is in vital danger, so that the abortion avoids a danger to her life; (2) The embryo or foetus suffers from an acquired or genetically congenital pathology incompatible with an independent ectopic life, in any case of a fatal nature; (3) It is the result of rape, provided that no more than twelve weeks of pregnancy have elapsed. In the case of a girl under the age of 14, abortion may be performed as long as no more than fourteen weeks of pregnancy have passed.

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