A dispute over the supply of abortion medication has escalated into a broader constitutional battle over whether Argentina’s government is upholding the country’s 2020 abortion law.
Federal Civil, Commercial and Contentious-Administrative Court No. 2 of La Plata has instructed the government, through the Health Ministry led by Mario Lugones, to publicise a collective amparo – a legal mechanism in Argentina that allows individuals or groups to seek urgent judicial protection of constitutional rights – seeking to guarantee access to abortion.
Civil association La Ciega alleges that the state failed to purchase sufficient supplies of misoprostol and mifepristone, undermining compliance with Law 27,610, the Voluntary Termination of Pregnancy Law.
Argentina’s abortion law, passed in December 2020, guarantees access to abortion up to the 14th week of pregnancy within the public and private health systems, and beyond that point in cases of rape or risk to the pregnant person’s health.
In a notice published in the Official Gazette, the Health Ministry this week confirmed the existence of the case. Following the filing – in which the Centro de Estudios Legales y Sociales (CELS) rights group acts as legal counsel – the government opened a 30-day window inviting “pregnant women and organisations” to join the collective amparo aimed at ensuring access to abortion services.
CELS said anyone whose access to a voluntary termination of pregnancy has been affected “by any kind of hindrance or lack of supplies” may join the proceedings.
La Ciega filed what it described as a preventive collective claim, arguing that President Javier Milei’s administration has failed to carry out the administrative steps required to purchase and distribute misoprostol and mifepristone.
Both medications are recommended by the World Health Organisation (WHO) as the standard for safe medical abortion.
According to the complaint, shortages within the public health system amount to a direct violation of reproductive rights and cause “irreparable harm” to those who depend on state-run hospitals.
The case is collective in nature because it concerns not a single individual but all pregnant people reliant on the public system for access to a lawful abortion.
Argentina’s national government challenged the admissibility of the amparo. However, Division III of the Federal Court of Appeals of La Plata upheld La Ciega’s position to bring the claim on behalf of affected groups.
Access to abortion medication varies by province. In some districts, feminist organisations warn that shortages operate in practice as a way of hollowing out the law, pushing women towards clandestine providers. Activists have also reported persistent problems with misinformation and bureaucratic barriers within parts of the health system.
The outcome of the case could determine whether the state is obliged to guarantee nationwide procurement and distribution of abortion medication – a central pillar of the 2020 reform.
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