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Dynamis

On-line version ISSN 2340-7948Print version ISSN 0211-9536

Abstract

DI LISCIA, María Herminia. An analysis of the first law on contraception in Argentina: The Responsible Procreation Programme in the province of La Pampa. Dynamis [online]. 2012, vol.32, n.1, pp.209-230. ISSN 2340-7948.  https://dx.doi.org/10.4321/S0211-95362012000100010.

The passage of a Law requires previous negotiation processes that consider the background, arguments, support and the appropriate terminology for approaching the issue. The legal domain is a discursive field in which a dual struggle develops: to establish designations and to introduce thatwhich the law establishes into everyday practice. Hence, conflictive processes are unleashed in which social agents are confronted by political parties, by institutions and by their own political and subjective identities. This article analyses the development of the "1363 Law", which was passed in November 1991 in the legislature of La Pampa province (Argentina). This Law created a provincial programme for responsible procreation, the first provincial legislation on contraception to be established. Although reproduction also involves males, special account is taken of speeches referring to females, given that the culture superimposes maternity on the female identity and references are therefore weighted towards the condition of women. We use the particularity of this case and its analytical potential in order to understand others, using as empirical material the parliamentary debate and interviews with the author of the Law and with key informants. We address the following questions: What was the national and provincial context in which the Law on responsible procreation was framed? What were the strategies adopted to achieve it? How was contraception articulated within the Peronist worldview of women? What meanings did the term "responsible procreation" bring into play? Finally, we present a brief assessment of the law's application.

Keywords : Responsible procreation; contraception; gender; Peronism; rights.

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