Resumo

HERRERA, Marisa  e  SALITURI AMEZCUA, Martina. Access to the voluntary termination of pregnancy by persons with disabilities. An open debate in the argentine law. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.162, e17071.  Epub 05-Jun-2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.162.17071.

The purpose of this paper is to study the exercise of the rights granted by Law No 27,610 of Access to the Voluntary Termination of Pregnancy by persons with disabilities. This paper suggests a legal approach, through a systemic analysis of all the domestic regulations involved, at different hierarchical levels, so as to assess their interpretation and application in compliance with the human rights standards, which prevail in the Argentine legal system. Legal contradictions arise between the abovementioned Law No 27,610 and the Argentine Civil and Commercial Code, mainly concerning persons with disabilities absolutely unable to interact with their environment, and thus unable to express their consent. This paper aims to cast light on this contradiction and pose it as a problem in pursuit of regulatory harmonization so as to prevent it from leading to either human rights violations or misinterpretations in practice. The framework of this paper is within the recent enactment of the abovementioned law which gives access to the voluntary termination of pregnancy. Hence, this has become a historical and legal milestone, not only in this country but in all Latin America. This paper aims to provide some contributions and answers to issues still open which are posed as challenges by the recent application of Law No 27,610 with the strong belief that this will contribute to the anticipation, prevention and resolution of legal conflicts in this field.

Palavras-chave : voluntary termination of pregnancy; persons with disabilities; human rights; civil and commercial code.