The Civil Justice of San Juan allowed a precautionary measure presented by a man to prevent his ex-partner from performing an abortion, acovered in the national law of Voluntary Termination of Pregnancy (IVE). In the unusual decision, judges Juan Carlos Pérez, Juan Carlos Noguera Ramos and Sergio Rodríguez -of Chamber III of the Civil Chamber- argued that, being married, the spouses committed to “developing a life project in common.”
In the resolution that stops the pregnant person’s right to decide on her body, the magistrates asked the woman to “refrain from carrying out any practice that tends to interrupt the pregnancy until the substantive issue is resolved.” , gave the alleged father and his legal advisers 72 hours to make new submissions. It should be noted that the court ruling contradicts the current regulations of the national IVE Law: after signing an informed consent, The pregnant woman must have unrestricted access to care for the interruption of pregnancy in the services of the health system, be it public hospitals, national and provincial social works, and prepaid medicine companies and entities.
On April 26, a ruling by the judge of Civil Court No. 11, Amanda Dias, had rejected the request of the man who had requested that his ex-partner desist from performing an abortion. The decision, however, was appealed by the plaintiff’s defense.
This Saturday, Room III of the Civil Chamber accepted the request of the alleged father, annulling the first instance ruling. On this occasion, the judges relied on the “institution of marriage”: the couple is married since 2018. “In marriage, the spouses undertake to develop a life project in common “, they affirmed. in a ruling that establishes that for 72 hours the woman will not be able to perform any practice that impacts on the pregnancy.
Monica Lobos, attorney for the man who made the presentation, identified as Franco S., told the newspaper San Juan time what the resolution it is “a measure not to innovate”, which “implies protecting the life of the unborn child and the rights of the parent, exercising parental responsibility “.
This ruling generates great commotion since it violates the rights of women. On January 24, 2021, Law No. 27,610 on Access to Voluntary Interruption of Pregnancy (IVE) came into force throughout the national territory. which provides that public health services, national and provincial social works and prepaid medicine companies and entities incorporate comprehensive and free coverage of the practice. It does not require provincial adhesions or regulations for its validity.