Parenthood In Argentina, Status Moves Beyond Reproduction

Argentine law has followed social evolution and now recognizes individuals who formally declare their intention to undertake the duties of parenting as legal parents.

Redefining what it means to be an Argentine family
Redefining what it means to be an Argentine family
Fabiana Quaini and Sergio Pasqualini

BUENOS AIRES The desire to become a parent has replaced blood ties as the defining element of parenthood. Today, the mother or father is one who is committed to being parent, who wants to raise a child, and with a certainty rooted in a prior, freely attained and informed consent and regardless of whether or not the child is a product of his or her own genes. The most important thing nowthe guiding principle — is the desire to have children.

Following an initial, pioneering case with a couple in 2013, surrogate pregnancies have increased in Argentina. Genetic data are no longer a prerequisite in creating juridical links between a person and a child born of the aforementioned technique, but rather the formal consent given by a person or couple.

The wish to procreate must be made manifest through prior, informed, free and formal consent, and all those who wish to become parents this way must make a clear and precise declaration of their wish to do so. Thus the procreational wish is a fundamental human right projected into people's lives, where the state must not intervene in such a way as to impede its free exercise.

Thus, a gestating woman is a biological mother, but not every pregnant woman is going to be a mother. The term mother thus now legally refers to a decision within the framework of the constitution, adopted subjectively by a woman or a person perceiving his gender identity as a man with female reproductive organs.

Society advances faster than laws.

The Supreme Court points out that "the law must not be interpreted historically, but taking into account the new conditions and needs of society." The Civil and Commercial Code now includes legislation that permits marriage between persons of the same sex, and expressly indicates that no norm can be interpreted or applied in the sense of limiting or restricting the equality of rights and obligations between participants in a marriage or the effects of that marriage, be it between a heterosexual or homosexual couple (Article 402).

Today, thanks to a criminal and administrative court ruling for the City of Buenos Aires, informed consent is now the crucial element for obtaining the first birth document in the name of non-procreating parents. The paths are becoming shorter and simpler. Children recently born through surrogate gestation now obtain a birth certificate within a couple of weeks in the name of their parents.

Society generally advances faster than laws, and we must prepare for what is coming instead of trying to frame realities into norms that belong to the past.

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How Thailand's Lèse-Majesté Law Is Used To Stifle All Protest

Once meant to protect the royal family, the century-old law has become a tool for the military-led government in Bangkok to stamp out all dissent. A new report outlines the abuses.

Pro-Democracy protest at The Criminal Court in Bangkok, Thailand

Laura Valentina Cortés Sierra

"We need to reform the institution of the monarchy in Thailand. It is the root of the problem." Those words, from Thai student activist Juthatip Sirikan, are a clear expression of the growing youth-led movement that is challenging the legitimacy of the government and demanding deep political changes in the Southeast Asian nation. Yet those very same words could also send Sirikan to jail.

Thailand's Criminal Code 'Lèse-Majesté' Article 112 imposes jail terms for defaming, insulting, or threatening the monarchy, with sentences of three to 15 years. This law has been present in Thai politics since 1908, though applied sparingly, only when direct verbal or written attacks against members of the royal family.

But after the May 2014 military coup d'état, Thailand experienced the first wave of lèse-majesté arrests, prosecutions, and detentions of at least 127 individuals arrested in a much wider interpretation of the law.

The recent report 'Second Wave: The Return of Lèse-Majesté in Thailand', documents how the Thai government has "used and abused Article 112 of the Criminal Code to target pro-democracy activists and protesters in relation to their online political expression and participation in peaceful pro-democracy demonstrations."

Criticism of any 'royal project'

The investigation shows 124 individuals, including at least eight minors, have been charged with lèse-majesté between November 2020 and August 2021. Nineteen of them served jail time. The new wave of charges is cited as a response to the rising pro-democracy protests across Thailand over the past year.

Juthatip Sirikan explains that the law is now being applied in such a broad way that people are not allowed to question government budgets and expenditure if they have any relationship with the royal family, which stifles criticism of the most basic government decision-making since there are an estimated 5,000 ongoing "royal" projects. "Article 112 of lèse-majesté could be the key (factor) in Thailand's political problems" the young activist argues.

In 2020 the Move Forward opposition party questioned royal spending paid by government departments, including nearly 3 billion baht (89,874,174 USD) from the Defense Ministry and Thai police for royal security, and 7 billion baht budgeted for royal development projects, as well as 38 planes and helicopters for the monarchy. Previously, on June 16, 2018, it was revealed that Thailand's Crown Property Bureau transferred its entire portfolio to the new King Maha Vajiralongkorn.

photo of graffiti of 112 crossed out on sidewalk

Protestors In Bangkok Call For Political Prisoner Release

Peerapon Boonyakiat/SOPA Images via ZUMA Wire

Freedom of speech at stake

"Article 112 shuts down all freedom of speech in this country", says Sirikan. "Even the political parties fear to touch the subject, so it blocks most things. This country cannot move anywhere if we still have this law."

The student activist herself was charged with lèse-majesté in September 2020, after simply citing a list of public documents that refer to royal family expenditure. Sirikan comes from a family that has faced the consequences of decades of political repression. Her grandfather, Tiang Sirikhan was a journalist and politician who openly protested against Thailand's involvement in World War II. He was accused of being a Communist and abducted in 1952. According to Sirikhan's family, he was killed by the state.

The new report was conducted by The International Federation for Human Rights (FIDH), Thai Lawyer for Human Rights (TLHR), and Internet Law Reform Dialogue (iLaw). It accuses Thai authorities of an increasingly broad interpretation of Article 112, to the point of "absurdity," including charges against people for criticizing the government's COVID-19 vaccine management, wearing crop tops, insulting the previous monarch, or quoting a United Nations statement about Article 112.

Juthatip Sirikan speaks in front of democracy monument.

Shift to social media

While in the past the Article was only used against people who spoke about the royals, it's now being used as an alibi for more general political repression — which has also spurred more open campaigning to abolish it. Sirikan recounts recent cases of police charging people for spreading paint near the picture of the king during a protest, or even just for having a picture of the king as phone wallpaper.

The more than a century-old law is now largely playing out online, where much of today's protest takes place in Thailand. Sirikan says people are willing to go further on social media to expose information such as how the king intervenes in politics and the monarchy's accumulation of wealth, information the mainstream media rarely reports on them.

Not surprisingly, however, social media is heavily monitored and the military is involved in Intelligence operations and cyber attacks against human rights defenders and critics of any kind. In October 2020, Twitter took down 926 accounts, linked to the army and the government, which promoted themselves and attacked political opposition, and this June, Google removed two Maps with pictures, names, and addresses, of more than 400 people who were accused of insulting the Thai monarchy. "They are trying to control the internet as well," Sirikan says. "They are trying to censor every content that they find a threat".

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