[Sexual and reproductive health without freedom?: The conflict over abortion in Argentina]

Abstract

The feminist movement installed a political debate regarding the right to abortion in 2018, proposing a transformation not only in the praxis of democracy, but also in its substance, through the decriminalization and legalization of abortion. In this context, this article seeks to describe and evaluate the democratic conflict produced based on the reasons and justifications underpinning the disputed content, in favor and against abortion. It also seeks to summarize the principal constitutional and conventional rulings that, by regulating abortion, shed light on the normative universe of what ought to be, in which human rights are inscribed. Lastly, the article attempts to explain how political control over body sovereignty was constructed and implemented in a patriarchal system, with sufficient legitimacy and power to last for centuries. Although there are no legal obstacles to the decriminalization and legalization of abortion, why is that the interests of freedom for women are not fully enabled within their array of rights, including the social right to health? What other interests, other than those of women, does this freedom represent?