The former senator requested the prohibition of "the medical or clinical surgical practice of abortion" with the exception of those grounds that allow abortion in cases of rape or danger to the life or integral health of the mother.
The judge declared Article 19 of the Civil and Commercial Code, which recognizes the "existence of the human person from conception”, fully to be in force.
On this basis, she also declared unconstitutional several articles of Argentina’s abortion law, which permit elective abortion up to the fourteenth week of gestation, speak of the right to decide on abortion, of abortion care "in the services of the health system"; and about "post-abortion care in the services of the health system, without prejudice to the fact that the decision to abort would have been contrary to the cases legally authorized in accordance with this law."
The judgement is in accordance with what is described in the Vienna Convention, the Human Rights Convention or the Pact of San José of Costa Rica; the National Constitution, and the Constitution of the Province of San Luis.
Bona noted that the law for the comprehensive protection of children and adolescents "gives precedence to the right of the child, in the face of a conflict."
"It is worth wondering, because in the questioned law (of abortion), only the situation of women is defended, their rights … forgetting, for example, that this child has a father who may love him, that there are grandparents, who have an obligation of maintenance and may also love that grandchild. But they are the great absentees”.