San Isidro court mandates guaranteed access to legal abortion

The Court of Appeals in San Martín has upheld a ruling requiring the Municipality of San Isidro to guarantee access to voluntary and legal abortion in accordance with Law 27.610.

While the court overturned a total suspension of the local application protocol, it ruled that the municipality cannot implement requirements, stages, or procedures that obstruct or delay access to the procedure. Specifically, the court determined that the Hospital Materno Infantil de San Isidro may not impose counseling, interviews, ultrasounds, or psychological and social consultations as mandatory prerequisites for accessing an abortion. Any complementary studies must only be performed when there is a clinical indication requested by the attending professional.

The resolution mandates that the procedure must be guaranteed within ten days of the request at any municipal health facility, including Primary Health Care Centers (CAPS). In cases requiring referral, the municipality must provide assistance to ensure timely access without placing the responsibility of managing the transfer on the applicant.