Milei Administration's Administrative Actions Significantly Reduce Abortion Access in Argentina

Legal Abortion Under Threat in Argentina

Despite the legalization of abortion in Argentina in December 2020, President Javier Milei's administration has implemented a series of administrative actions that have significantly reduced access to these services across the country. Abortion remains legal up to 14 weeks of pregnancy, and beyond that in cases of rape or if the pregnant person's life or health is at risk, under Law 27.610, which came into force in January 2021.

Since taking office in December 2023, President Milei, a staunch opponent of abortion who has publicly referred to it as 'aggravated murder', has overseen policies that critics argue undermine the hard-won reproductive rights.

Dismantling National Reproductive Health Programs

One of the most impactful administrative decisions has been the cessation of the national distribution of essential supplies for abortion care. The government has halted the purchase and delivery of drugs such as misoprostol and mifepristone, which are crucial for medical abortions, as well as manual vacuum aspiration cannulas. Data from Amnesty International indicates that while over 166,000 doses of misoprostol and combipacks were supplied by the state in 2023, none were delivered in 2024.

Furthermore, the administration has cut the distribution of contraceptive methods, including emergency contraception, and pregnancy tests. The National Plan for the Prevention of Unintended Adolescent Pregnancy (Enia Plan), which had reportedly reduced adolescent fertility rates by nearly half between 2018 and 2021, has also been dismantled. The Ministry of Women, Genders and Diversity was eliminated, and federal training and technical assistance for safe abortion services have been frozen.

Consequences for Access and Provincial Burden

These administrative changes have shifted the responsibility for procuring and distributing abortion supplies entirely to provincial governments. This has led to significant shortages, particularly in provinces with limited economic resources or those governed by anti-abortion politicians. Reports indicate that more than half of Argentina's provinces faced shortages of misoprostol, and nearly all experienced a lack of mifepristone and combipacks by late 2024.

The lack of national support has resulted in increased out-of-pocket costs for individuals seeking abortion services, often for necessary procedures like ultrasounds. Milei's rhetoric has also created a 'climate of risk and uncertainty,' causing confusion among pregnant individuals regarding the legality of abortion and affecting the safety of health professionals. Advocacy groups have reported that barriers to accessing abortion nearly tripled in 2024 compared to the previous year, with the number of abortions reportedly dropping from approximately 107,500 in 2023 to 79,186 in 2024.

Political Rhetoric and Legislative Attempts

While the administration has not formally repealed the abortion law, a bill was introduced in February 2024 by Milei's party, La Libertad Avanza (LLA), to re-criminalize abortion for both practitioners and pregnant individuals, even in cases of rape. This bill was withdrawn following public outcry. Vice-President Victoria Villarruel has also publicly expressed her opposition to abortion, stating that 'abortion will never be a right.'

The current situation highlights a growing disparity in access, disproportionately affecting women and pregnant individuals in low-income or under-resourced provinces, where inequalities are already more pronounced.