2024-07-26 23:09:20
The Ministry of Equality and Equity, led by Vice President Francia Elena Márquez, has partially objected to Bill No. 158 of 2022 Senate – 189 of 2023 Chamber, known as the “Mom, You Can Count on Me Law.”
This bill, of parliamentary origin, seeks to recognize and guarantee the delivery of a kit with essential items to pregnant women in vulnerable situations, monetary poverty and extreme poverty. The kit includes diapers, hygiene products for the baby, sanitary napkins for the mother and a complete layette in a neutral color for the baby.
The objection focuses on two specific points in the bill: the exclusive reference to pregnant “women” and the requirement of four prenatal check-ups to access the kit. According to Minister Márquez, the exclusion of terms such as “pregnant” people, instead of “women”, violates the gender approach stipulated in the Constitution and in recent jurisprudence, by not considering trans men and non-binary people who can also be pregnant. According to the Ministry, this legislative omission violates the constitutional principle of equality enshrined in Article 13 of the Constitution.
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The Ministry argues that the exclusion of trans men and non-binary people creates a negative inequality compared to women benefiting from the law, stressing that all these people have the ability to become pregnant, gestate, face childbirth and perform parental care tasks, regardless of their gender identity.
Regarding the requirement for prenatal check-ups, the Ministry maintains that requiring four check-ups as a condition for receiving the kit goes against the Constitution.They argue that access to these check-ups is an obligation of the State and not of pregnant people, in accordance with Article 43 of the Constitution, which establishes that the State must provide special assistance and protection during and after childbirth. In addition, they consider it disproportionate to require these check-ups, since many pregnant people may be excluded from coverage of prenatal health services for reasons of vulnerability or geographic location, or may opt for alternative prenatal care based on their culture or beliefs.
The Ministry also highlights that this requirement could exclude women from Afro and indigenous communities who prefer prenatal care from midwives and older women from their communities.
With these arguments, the Government of Change has returned the bill to the Presidency of Congress so that the constitutional defects indicated can be corrected and the bill can receive presidential sanction.
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