15 July 2020

Sentence to doctor for refusing to perform an abortion

An Argentine court upheld the sentence to a doctor for refusing to perform an abortion on a woman, a victim of rape three years ago.

Sentence to doctor for refusing to perform an abortion
Sentence to doctor for refusing to perform an abortion

In this way, the gynecologist for refusing a baby’s abortion received the criminal sentence. The doctor also responds to the name of Leandro Rodríguez, who must serve 14 months in prison.

As a result, the South American court disqualificationed him from aspirations for public office for a period of more than two years.

The victim was 19 in her fifth month of pregnancy, as a result of sexual abuse by a family member. At first, she used a drug for abortion. That failed and she was referred to the hospital where Rodriguez Lastra was head of gynecology.

Lastra told the court that the proposed abortion posed a risk to both the fetus and the mother. However, the judges who chaired the case replied that the only requirement necessary for the legal termination of a pregnancy was a formal request from the victim, according to BioEdge.

“Abortion up to week 20 of gestation is legal when it discovers that a pregnant woman was raped,” according to the Buenos Aires Times.

Sentence to doctor for refusing to perform an abortion
Dr. Francisco Sánchez Valassina

The child was born and then given up for adoption.

In a split opinion, two of the panel’s judges said Lastra was guilty of the crime of “non-compliance with a public official’s obligations.”

Lastra’s lawyer told BioEdge that the Ruling could be overturned by the Argentine High Court.

The verdict, he said, “is a mere ideological expression that shows that they saw nothing at trial, in fact, apparently they do not cite the witnesses or anything that happened there. It’s like they don’t see it.”

“… whether the High Court or the Court should adopt the law, as we should, we can reverse this decision,” he added.