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New Law to Provide for Free
Birth Control
July 10, 2007
BUENOS AIRES - The Argentine Congress passed a new law on reproductive
health that provides for free birth control methods and advice to women
nationwide, and will help prevent teen pregnancy, back-alley abortions,
cancer of the reproductive system and breasts, and the spread of
sexually transmitted diseases.
The bill, which was approved late Wednesday by the Senate, was opposed
by the Catholic Church and a group of senators, who held up the vote in
the upper house for a year and a half.
The Chamber of Deputies originally passed the bill, with slight
modifications, in April 2001.
Once the bill is signed into law, the state will have to earmark special
funds for financing its implementation nationwide, which will entail the
creation of the necessary medical, psychological and social services, as
well as the provision of contraceptives to female patients.
Health professionals in this Southern Cone country of 37 million
applauded the new law as a huge stride forward.
But women's groups expressed misgivings about gaps and vague language in
the text, questioning the absence of a list of birth control methods to
be made available, which they say will enable medical institutions to
leave aside methods they deem ''abortive.''
Women's activists also complain that the law is not clear with respect
to whether minors will be able to seek birth control advice in public
hospitals and clinics without parental permission.
Although the provisions created by the law must be followed in public
hospitals, users of the private or trade-union based health care systems
will also have access to the free birth control services and methods
provided by the state.
Up to now, women have had to pay, for example, for the insertion of an
intrauterine device (IUD), the most expensive form of contraception.
''This law will permit the public hospital to follow women throughout
their child-bearing years,'' said Dr. Jorge Charalambopoulos, a
professor of gynecology at the University of
Buenos Aires Faculty of Medicine, and the head of the responsible
reproduction division at the Sardá state maternity hospital in the
capital.
According to Charalambopoulos, women drawn to the doctor's office or
health clinic by the possibility of free access to birth control will be
subject to more regular controls.
''It will be the start of a relationship with the health system that
will last throughout their reproductive years, and even later,'' said
Charalambopolos.
He added that this new ongoing link involving periodic visits will help
prevent around 150 deaths a year of women who undergo dangerous,
back-alley abortions. Although abortion is illegal in Argentina, an
estimated 450,000 are practiced every year.
The doctor likened the reach of the new programme to that of a national
vaccination scheme.
The closer ties between the health system and women will make it easier
to prevent the spread of HIV/AIDS among women, and to babies born to
mothers with AIDS, he pointed out.
He also noted that the new law will help draw adolescents into
consultations on birth control, where they will also receive advice on
how to avoid infection with HIV/AIDS and other sexually transmitted
diseases.
It will also help prevent breast cancer and cancer of the reproductive
system, while fomenting breast-feeding. In addition, regular prenatal
health controls will include testing for HIV, in order to provide the
treatment needed to prevent mother-child transmission of the disease.
Dr. Ester Polak, the president of the Argentine Society of Sterility and
Fertility, said the law was ''a big step forward, because it will
enormously reduce many risks to women's health,'' as well as
infertility. ''We will have healthier women,'' she predicted.
In Polak's view, the new law fills a legal vacuum, because free
contraception services were already made available by statutes in the
capital and in a few provinces, but not in others. ''Now all of the
women in our country will enjoy equal access to treatment and care,''
she said.
But a few differences will remain. For instance, some provinces
currently make available sterilisation procedures like tubal ligations
and vasectomies free of charge. But the new national law does not cover
such methods, due to their ''irreversible'' nature.
And in the greater Buenos Aires, a city of 12 million, teenagers can
consult a doctor about birth control without permission from their
parents, which they may not be able to do in all provinces.
Argentina's political parties left the decision on how to vote on the
bill up to their representatives. Senator Nancy Avelín, from the western
province of San Juan, said she voted against the bill because the
population needed to grow in order to give the country a stronger
domestic market.
Others based their decisions on religious convictions. Dr. Diana
Galimberti, president of the Association for Sexual and Reproductive
Health, told IPS that the local Roman Catholic Church sent the Senate a
letter stating that it would be ''pleased'' if the bill were not
approved.
The Church based its staunch opposition to the bill on the argument that
it encouraged abortion, the use of ''abortive'' birth control methods,
and state meddling in the question of sex education among minors.
''The problem is that when there are no parents to educate kids in
questions of sexuality, the state must play a tutelary role, especially
when we're talking about under-age women, who are increasingly prone to
teen pregnancy,'' lawmaker María Luisa Storani, who represents Buenos
Aires, told IPS.
Of every 100 live births in Argentina, 15 are the result of pregnancies
among teens or preteens, a proportion that has increased in the past few
years as an effect of the dire economic crisis.
Doctors point out that a first teen pregnancy usually leads to another,
and that many teenage mothers have three or four children by the time
they reach the age of majority.
An analysis of the number of teen pregnancies by district shows that the
proportion is higher in areas where no free birth control programmes
exist.
In 18 of Argentina's 24 provinces, the average number of births to
teenage mothers is higher than the national average, while in the
capital, which already has a statute on reproductive health, the
proportion is only half the national average.
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