care before, during and after childbirth, among them Law 25,529, which establishes a series of
rights and obligatory benefits for women during pregnancy, childbirth and post-partum.
113. It also informed on the measures taken to guarantee disadvantaged persons conditions of
socio-economic dignity that would permit them to access maternal and perinatal care, in equity;
among them, the “Universal Pregnancy Allowance,” an econmic transfer for pregnant women until
the birth or the interruption of the pregnancy, which is connected to the “Universal Child
Allowance” and which is conditioned on compliance of medical controls that would avoid
complications related to pregnancy and on inscription in the SUMAR program, which provides
health coverage for those who do not have it.
114. The State also referred to Law 27,610, which recognizes the right of women to legally
interrupt their pregnancy and the post-abortion care in the health services; to Law 27,611, known
as “A Thousand Days,” to protect up to the age of three the mother/child binomial that is without
financial resources or in other specific situations, with the object of reducing maternal and
neonatal mortality, malnutrition and undernourishment, as well as to prevent violence and to
protect emotional and physical development in early childhood.
115. It underscored the creation of the MMGyD, which “institutionally placed the themes of
gender at the highest level in business offices in the country.” That Ministry has a “Coordinating
Group on Violence against Reproductive Freedom,’ which, among its functions are actions to
prevent violence against pregnant women in health care. It also pointed out that the Ministry of
Health and the MMGyD created the “International Roundtable on Obstetric Violence,” which put
into operation a team to implement the law on a respectful and humanized birth. The MMgyD
also developed, participatively, a federal, multi-agency, transversal and inter-sectional “National
Plan of Action against Gender-based Violence,” which includes specific actions for an integral
approach to situations of obstetric violence. It also stated that the Ministry of Health promotes,
on a regular basis, public policies to optimize professional training in obstetrical emergencies, the
reorganization of obstetrical services and the quality of the prenatal checkups.
116. The State contended that the specialized body in the matter has, as a priority, the
strengthening and training of the services and staff in charge of the health of the expectant
parents and their children. In addition, it indicated that, after 2009, the Ministry of Health, the
Province of Buenos Aires and other prioritized health regions concluded “Operative Plan for the
Reduction of Infantile, Maternal and Adolescent Mortality” and in 2019 Argentina had the lowest
rate of maternal mortality in the last 20 years (2.9 for each 10,000 births).
117. With respect to training in obstetric emergencies, in its evidence to facilitate adjudication
requested by the Court, the State informed that, since 2011, it has developed training in a project
on obstetrical emergencies that represents a national strategy to reduce maternal mortality
produced by direct causes, such as post-partum hemorrhaging and hypertensive emergencies
and that includes training of the guards at all the maternity clinics in the country with a thousand
yearly births. It indicated that this strategy included clinical simulations that emphasized
sensitivity and reflection on rights in emergency childbirth situations and included training the
obstetric teams, through simulations, according to the protocols of treatment with a focus on
rights and the administration of services. This training began in 2011 and continues to date, with
the content and methods being constantly brought up to date.
118. The Court welcomes that the State has taken actions directed to the non-repetition of the
events described in this judgment, but points out that, although the maternal mortality in
Argentina was considerably reduced by 2019, it increased recently, going from 2.9 per each
10,000 births in 2021, which is less than one percent lower than the rate of maternal mortality
in 1992 (4.8 for each 10,000 births), the year that Ms. Brítez Arce died. The Court considers that
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