Egalitarian Marriage Law and Abortion in Argentina: Notes on an Incomplete Revolution
DOI:
https://doi.org/10.1590/S0104-026X2012000100010Abstract
The Argentine Parliament recently passed the New Equal Marriage Act for same-sex couples, making Argentina the first country in Latin America to legalize this type of union. This act represents a victory for a group historically discriminated for its sexual preferences and until then absent from the national legislation. In this context, in appearance so favourable to sexual equality, I believe this new law does not match the sexual order that today regulates the bodies of Argentine women. As from 1920 abortion is illegal in Argentina and it is reckoned as a crime against human life. Nevertheless, abortion is still the major cause of death among women in this country. Given this situation, in this article I will analyze the gap I find between homosexual and reproductive politics in the country. Unlike Europe, where reproductive rights preceded homosexual rights, in Argentina the opposite situation is observed. In this country, the legal recognition of same sex couples matches measures taken by other democracies and aimed at reaching what certain authors call sexual citizenship. Nevertheless, as long as Argentina does not recognize the right to free and safe abortion, this notion, which legitimates the universal applicability of sexual rights, will continue to be problematic. I believe that without the right of self-ownership, which comprehends sexual freedom and the right to decide to terminate a pregnancy, in the current Argentine context the gay marriage act represents an isolated event.Downloads
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