Abstract

LEVIN, Silvia. A new criterion of justice in Argentina: abortion by violation. Aljaba [online]. 2013, vol.17, pp.11-27. ISSN 1669-5704.

This work redefines and actualizes the political conflict about abortion in Argentina since the new criterion of justice installed by the recent verdict from the Supreme Court of Justice of the Nation. From a perspective of human rights and gender policies, we draw a critical argumentative line that is intended to show the institutional process by which the conflict is passing by, encouraged by the feminist movement and fought off by the conservative Catholicism, it depends to a large extent on the interaction between the evolution of the criteria of justice prevailing in each historical point and the changes in societies’ necessities that provide its basis either as fair or not. The reflections are found in a patriarchal capitalist system with overlapping structural inequalities, mostly of gender and social class. Contributions from the new criterion of justice are described to the success of abortion as right and benefit of political public health. Secondly, systemic obstacles to their exercise and back-up reasons are identified and, finally, challenges state that it must undergo gender policies and feminism towards decriminalization or legalization of the human right to abort.

Keywords : Abortion; Justice; Human rights; Political conflict; Feminist movement.