Vicenta (2020) - full transcript

GUERNICA, BUENOS AIRES PROVINCE

JULY 2006

CEPA CINE presents

With the support of the INCAA

and the ALTER-CINÉ Foundation

A documentary by Darío Doria

How long does a day last, Vicenta?

When does it end?

All those hours

in someone else’s house:

cleaning what has to be cleaned,

washing what has to be washed,

ironing what has to be ironed,

cooking and taking care

of someone else’s children…

A job that doesn’t diminish

once you get home,

because at home you also clean,

wash and cook.

And even though Valeria,

your older daughter,

is already living alone

with her husband,

with your little grandson,

here’s Laura, who grows up

and doesn’t.

Developmental delay,

fixation on childhood…

Laura is already 19,

but she grows up and doesn’t,

that’s what’s going on.

Today Laura can’t sleep,

she has a stomach ache.

And if she doesn’t sleep

you don’t sleep,

and if no one sleeps, Vicenta,

even if there’s a night,

the day hasn’t ended yet…

And in “Saludarnos” we’re going

to talk about the importance

of sports and physical activity

on children.

And as always,

we will have cooking classes

with Diana Boudrian, with dishes,

with tasty, cheap

and very healthy recipes.

This Monday we continue to take care

of everybody’s health.

“Saludarnos,” Mondays to Fridays,

10 a. m.

Watch Channel 7.

A doctor examines Laura

and tells you something

no one expected:

Laura is pregnant.

It’s been like that for 14 weeks,

14 weeks and you didn’t know.

How many things can you think of

the second everything changes?

Now the doctor says

that if you file a report for abuse

and she’s taken

to the San Martín hospital,

perhaps you’ll be allowed

to have an abortion.

He says there’s a law,

that’s what the doctor says.

And you listen, yes,

but how many decisions can you make

the second everything changes?

You’d like to hug that daughter

of yours, who grows up and doesn’t,

and remain there, both of you.

But you cannot stay put.

You have to talk,

ask,

you have to understand.

That is why you tell your daughter

how it is that a woman

can become pregnant.

You look for some good words

to tell her,

and you see Laura’s eyes

as they open wide.

And then she tells you,

and you listen,

without wanting to know

that the one who did that to her

was Uncle Luis.

This morning, Valeria,

your older daughter,

decides to skip work

and join you.

If only you knew how to read and write,

Vicenta,

everything would be different.

Perhaps this help

wouldn’t be needed.

But you don’t know,

and Valeria does.

She also knows that from that father

who didn’t love you,

who was so violent with you

in many ways,

from that father who left,

Uncle Luis’ brother-in-law,

she wants nothing.

Not even the last name.

The three of them

are in this together,

that is what Valeria knows.

The policeman takes your statement,

and words go from the air

to the computer,

from the computer to the paper,

shapeless words that extend,

flat as they are,

with an instruction:

to go to La Plata in order

to start the judicial proceedings.

JUSTICE DEPARTMENT

INFORMATION

District Attorney’s Office No. 5

Principal

“On June 24, 2006, Mrs. VDA,

mother of LMR,

files a report in order

to start criminal action

within the terms of article 72,

section 1 of the Penal Code,

expressing that

her mentally challenged

19-year-old daughter

has been the victim

of sexual abuse.

At the time of formulating

those criminal charges,

the plaintiff states the following,

“…I just want to know if it

is possible to terminate

this pregnancy,

given that, due to her disability,

my daughter is not able

to bring a child to the world,

and neither me nor my other daughter

are able to take care

of the unborn baby. ”

The following weeks

will consist of coming and going

to the courthouse:

to Laura, it means to skip school,

to you and Valeria,

it means to skip work.

Coming and going,

coming and going,

once and a thousand times.

Everyday life also changes

for Valeria’s husband.

While you come and go to court,

he takes care of the little child,

of the house,

he awaits them every night

with the food ready.

And whenever he can,

with the car service

he drives those 100 kilometers

to La Plata’s courthouse.

Coming and going with you,

he also does that.

The judicial machine moves

at its own pace.

It has no hurry.

From office to office,

from hand to hand,

the file reaches the hands

of a social worker

who reads your request:

Laura needs an abortion.

And then she sends it,

one of many,

to the Minors’ Counselling Office.

Minors’ Counsellor

Official Family Defender

“The case falls under article 86,

section 2 of the Penal Code:

‘An abortion performed

by a qualified doctor

is not punishable

if the pregnancy comes

from rape or from sexual assault

inflicted on an idiot

or insane woman.

In this case,

the consent of her legal agent

will be required in order

to perform the abortion…’”

From office to office,

from hand to hand,

the file is now in the hands

of the General Defender,

who has to accompany your family,

Vicenta,

until your request

is fulfilled.

He needs your authorization

in order to arrange the termination

of Laura’s pregnancy.

And you give your authorization,

of course,

because that’s what you

have always asked for.

But it seems like it’s not enough,

no.

Because now,

at the San Martín Hospital,

the chief of gynecology

says it’s more complex,

that it’s not that easy,

that we have to check

with the hospital’s Director,

with the team of professionals,

with the bioethics committee,

and wait.

Coming and going,

coming and going

once and a thousand times more.

Days go by,

on and on,

and there is so much to do.

How many permits have to be

requested?

When does it all end, Vicenta?

When?

The hospital authorities,

the doctors,

the bioethics committee,

all of them gather.

They are now discussing

whether they authorize the abortion

you requested or not.

Meanwhile, pre-surgical studies,

blood tests,

electrocardiogram,

sonogram.

Medical routine to them.

Bathrobe, fear,

admittance for your Laura.

And when everything seems on track,

the district attorney who should be

investigating Laura’s rape,

the one who should

be investigating,

finds out the abortion

is about to be performed

and Xeroxes the file.

Why?

What for?

Oh, Vicenta…

Oh…

And with urgency

-her own urgency- she sends it

to a Juvenile Court judge.

And the judge says things,

this things:

that the investigation

for the abuse Laura suffered

is ongoing,

that that rape hasn’t been proved

yet,

and also,

that the degree of your daughter’s

disability hasn’t been proven yet.

That perhaps

she’s not that disabled.

That we’ll have to see.

That’s what she says,

and sends a notification

to the hospital

so that no one moves,

so that nothing moves,

so that every medical procedure

is interrupted,

that’s what she says.

The minors’ counsellor complains.

She tells the judge to abstain,

because what’s been asked for,

what you asked for, Vicenta,

is contemplated

and allowed in the Penal Code.

Because the law says that

no legal authorization is needed

for what you asked for.

But the judge won’t listen to her:

she won’t listen,

and she also decides

to begin criminal action,

just in case,

invoking “the rights

of the unborn child. ”

The judge says that “an unjust

aggression cannot be mended

with another unjust aggression. ”

And that is why she forbids

any abortive medical practice

and orders Laura and you

to show up once a month

at her court with

a pregnancy control certificate,

and, while she’s at it, Vicenta,

she recommends you give the baby

up for adoption.

The Minors’ Counsellor

appeals the ruling.

And now Laura has to go through

psychological and psychiatric tests

until the Court’s psychology expert

confirms what you already know,

what everyone knows:

that Laura grows up and doesn’t.

But she puts it this way:

"The IQ and psychosocial

maturity of the minor

are equivalent to those

of an 8-year-old child. ”

Civil Court of Appeals

“…given that every child

has an intrinsic right to live,

and that a child is defined

as any human being

from the moment of their conception

until they are 18 years of age,

this court has resolved to reject

the appeal filed,

and, as a result of that,

it orders that the control

over the minor

is maximized,

and that the health of both

the mother and the unborn child

is supervised in a constant

and direct fashion. ”

Your family’s official defender

appeals,

again, this time before the Supreme

Court of Justice.

But first, the Court members

send the file

to the province’s Attorney General

so that she gives her opinion.

More names, more instances,

more time that goes by.

And in the middle there’s you,

having lost your jobs

due to your multiple absences.

And now, in order to save the money

you don’t have,

you sleep near the courthouse.

Luckily, there are more voices.

Walking the courthouse’s hallways,

a journalist finds out

about your situation,

about Laura’s situation,

and makes it public.

He tells it the way many stories

are told,

but this piece of news

starts to spread.

More and more and more.

We’re going to change the subject,

where going to go to La Plata,

with the case of a disabled girl

who was raped,

the subject of abortion,

the controversy.

Patricia Molina is there.

Go ahead, Patricia.

Marcelo, this is a very delicate

subject that has gained repercussion

not only in this province

but also in the entire nation.

Yesterday, and by request

of the judges,

the opinion of the province’s

Attorney General

on this case

became public.

And right now, Buenos Aires’

Supreme Court is analyzing it.

A case that could be deemed

as historic.

The nine members must decide

if they authorize the termination

of the pregnancy of this mentally

challenged girl

who was supposedly raped

by his own uncle or not.

Let’s remember that

a few weeks ago,

this girl was about

to have an abortion

at the San Martín hospital

in La Plata;

the doctors referred to article 86,

section 2 of the Penal Code,

which establishes the legality

of abortions in case of rape

of an insane or idiot woman,

but two hours before the medical

procedure a Juvenile Court judge,

acting ex-officio

and with little information

on the girl and their family,

stopped the abortion.

She didn’t know the girl

was mentally disabled

or that she had been raped.

Let’s hear the judge:

“Of this abuse

I did not take notice,

I don’t know why…

Well, I wasn’t notified

of this abuse.

I asked the San Martín

hospital to inform me

what the minor’s mental state is.

That report was never answered,

and the following the day,

the minor and her mother

showed up at the hospital. ”

The judged received lots of criticism

from ministers and attorneys.

Meanwhile, the judge denies

having stopped

the abortion

for religious reasons.

“I never based my ruling

on any religious conviction,

no matter what this conviction is. ”

Pro-choice organizations organize

women’s rights demonstrations,

and warn that time is running out.

Meanwhile, the church is shocked

by this girl’s case,

and through Monsignor Casaretto,

stated that abortion is wrong

in any circumstance,

and proposed the child

be given up for adoption

as a possible solution.

Meanwhile, the family awaits

the upcoming sentence

of the province’s Court.

Supreme Court of Justice

Judge Genoud

“…Previous to any kind of solution,

this Court decided to interview

the minor.

From that interview, I am convinced

of the disability she suffers,

as well as the fact that she cannot

assume any responsibility

except for very simple tasks,

not even having

the ability to clean herself up.

She is a person in constant need

of her mother

who cannot comprehend the fact

that she is pregnant.

For this hearing we have also come

into contact with her mother,

who, being lucid and fully aware

of the adverse situation

they are going through,

gives the consent required

by the guidelines for the abortion

to come into effect.

She is the one who knows

her daughter best,

because they both live together.

She takes care of her,

she bathes her,

she made sure she attended

a special needs school.

It must be said that she

is the person who is most qualified

to know what is more beneficial

to the young woman during these

hard times that further complicate

her already problematic situation.

Finally, and centering

on article 86, section 2

of the Penal Code,

there is no evidence

that would allow us to assume

that judicial authorization

is needed for the health

professionals to do

what, to their best knowledge,

must be done.

There has been an excess

of judicial intervention.

There is no loophole in the norm

that allows to conclude that a judge

may or may not authorize

or prohibit said conduct. ”

Judge Pettigiani

“I cannot cease to mention

the conclusions drawn

from the hearing in which

I have had the chance

of getting to know the minor.

I found a teenager

with a noticeable mental retardation

in regards to her actual age,

who, to my perception,

did not show any signs of haste

or distress,

irradiating a joyful, innocent,

kind presence.

I did not notice she was aware

of her pregnancy,

and even though it is clear that

she will have difficulties

in carrying out her role

as a mother,

I don’t find her incapable

of providing affection to her child

and finding, in motherhood,

a motivational event

that will allow her to acquire

a certain maturity in her personality,

due to which I consider that,

properly assisted

the unborn

could grow up

in a nice family environment.

In the interview,

the child was also present,

even though

I couldn’t get to meet them.

In order to come into contact

with them, I have asked

the Superior Court I am part of

for an urgent ultrasound

of the minor, LMR,

in regards to her pregnancy.

Sadly, that request was rejected

by most members of this Court.

The aim of that measure

was for the ministers

of this Superior Court

to come get to know

and come into contact

with the little body

of the unborn child

before giving out the sentence.

By making this possible,

we could have recognized

a right provided by Argentina’s

legal system to the unborn child:

the right for the child to be heard

and paid attention to in any way. ”

An old struggle you didn’t choose

chooses you as its center

during these days.

You, Laura, Valeria. .

Voices in favor, voices against,

beliefs, convictions,

and you in the eye of the storm.

It is a center you did not choose,

but from which you cannot move

at the moment,

because a decision is required,

a word that will allow or prohibit.

It won’t be long, Vicenta,

it won’t be long.

Buenos Aires’ Supreme Court

of Justice has authorized

the abortion of a disabled girl

who was raped.

Six judges voted in favor,

three voted against,

it was a divided ruling,

but also a historic one.

In any case,

there was a ruling yesterday

for the abortion

to be performed…

Actually, it was left

to the doctors…

the decision…

The conclusion would be:

let the doctors solve it.

Buenos Aires’ Supreme Court

did not ban the abortion.

In a ruling of six votes

against three.

However, the Ministry of Health

of the Province of Buenos Aires

said that before subjecting

a disabled girl to an abortion,

they are waiting for the correspondent

notification of the Court.

When the authorization from Court

for the practice you’re all aware

of arrives, we will act accordingly.

The hospital’s staff is prepared

to act accordingly.

A ruling that is not quite clear,

because according to a member

of the High Court,

it’s the doctors who must decide

if they perform

the abortion or not.

Look, if the ruling still stands,

the doctors will have to decide.

And we must see if the doctors

are willing to perform it

without the father’s consent.

That’s the other issue.

If it’s performed

without the proper consent,

the doctor may get

into trouble.

Judge Federico Domínguez,

who voted against,

explained his stance, because

the rape hasn’t been proven.

To me it’s not enough,

because the defendant

asks for a DNA test,

and I think that

if I ask for a DNA test,

it’s because I did not rape you.

That’s it to me.

Ricardo de la Torre is dean at

the Catholic University of La Plata.

Yesterday, he showed up at

the hospital with a notary

to warn about the legal

consequences

the doctors would suffer

if they terminated the pregnancy.

Different political

and judicial sources

from the Buenos Aires province

pointed out

that they will everything

within their reach

in order for this woman

to be operated tomorrow,

and in order to safeguard the intimacy

and security of this disabled girl,

the place where the abortion

will take place will be kept secret.

Laura, inside, with a lot of people,

with the fear that comes from

not understanding what is going on,

with the angst of not being

with her mother.

And you, outside,

with the same fear,

the same angst,

but on the other side.

Valeria and you,

forced to remain outside

and wait while others decide

about Laura’s life,

about your lives.

María, good evening.

A tough choice that arrived late,

at least that is the opinion

of the family,

because earlier today

there was a lot of expectation.

A meeting that went on

for two hours,

with the doubt,

the corresponding tests,

but the doctors decided against it.

Why? Because

too much time had passed,

and that’s why they chose

to do it this way,

because it was no longer about

the article 86 contemplated

in the penal code that says

an abortion in unpunishable;

it was going to be a delivery,

so they made this decision:

the pregnancy will continue.

The entire family was notified,

and they explained it this way:

“At this point, it is absolutely

impossible to perform an abortion,

so we have notified

the girl’s relatives about the fact

that the pregnancy will continue

and that the executive branch

of the Buenos Aires province

will provide not only medical help,

but also all assistance necessary

regarding support in the face

of what’s coming,

which is that she will continue

with her pregnancy.

The mother-to-be’s initials are LMR.

Her life has always been different,

she lives in her own world

and her mentality has stayed

in her childhood forever.

She doesn’t understand that

a court ruling wasn’t fulfilled.

The doctors’ decision

is the corollary

to the judicial delays

regarding this case,

which now force

a young disabled woman

to carry on with a pregnancy

that from a psychological

perspective

can only mean torture for her,

given that it’s not only

an undesired pregnancy,

but also a repudiated one.

It’s like the concretion

of the usurpation,

of the invasion of her body

in a non-consensual manner.

It is the presence

of the perpetrator within her.

Luckily, there are other voices.

One night, these three militant women

knock on your door with a lot

of struggles on their backs.

They want to speak, Vicenta.

With you, with Valeria.

They want to ask you

if the decision has been made

for Laura to carry on

with her pregnancy,

or if you would prefer an abortion,

if it were still possible.

And you bring out all the rage

from these past few days,

and tell them that if these guys

don’t let Laura have an abortion,

you are going to raise

the baby.

By yourself.

Because there is no way on Earth

you will give it to those

sons of bitches.

You tell them all those things

and they listen.

And understand.

Then you tell them that

during Laura’s last ultrasound,

for the first time,

they didn’t let you in.

And that many hours later

they told you that the abortion

could no longer be performed.

And then Valeria says

what’s in the air,

what everyone thinks:

that she believes they lied

about the time of the pregnancy

so they don’t have to perform

that abortion,

and she asks if they really think

it’s still possible

without it being risky for Laura,

without having to go to jail for it.

There’s doubt, there’s fear,

of course,

but the answers encourage you,

Vicenta.

You. Valeria…

And you tell them yes, yes,

that they should look for that doctor

who can perform the abortion,

and you also say that

if everything goes well,

you’re going to go to Luján

and you’re going to thank the Virgin.

So a women’s network

embarks on a silent task:

asking,

begging, insisting,

holding conversations

all across the country

in order to find a doctor

willing to perform

that abortion Laura needs.

What a relief, Vicenta,

what a relief.

Laura is calm now,

back in her stuff.

Meanwhile, slowly, your life

also resumes its course.

The landscape is similar:

your house, your daughters,

the little grandson.

But everything has changed for you.

You have changed.

After so many years being quiet,

looking down,

tied to other people's decisions,

today you will start looking up forever

You will stand up before others

as equals.

Before life.

No one else will decide

on your behalf, Vicenta.

Everything has changed.

And you start from the beginning.

From what was pending.

You learn to read, write,

add, subtract.

So you don’t have to depend

on others for these things anymore.

And for the first time,

you dare to look for a formal job.

Legal, with a salary, vacation,

contributions, family allowance.

And you find it, of course.

How won’t you be able

to achieve that

after all you have achieved lately?

A job as an assistant at a school

is waiting.

And there are news.

The criminal lawsuit

for Laura’s abuse

has a new district attorney,

and a few weeks later,

the perpetrator is behind bars.

And all of this is new,

and it’s welcome.

But it’s not enough.

Because, how long

does an abuse last?

That of an uncle?

That of the institutions?

One day you reunite with your mates,

and it’s a more serene encounter.

You don’t depend on Laura’s time

anymore.

But everyone knows

there are other times at stake,

that other women are now

going through

what your family went through

just a few months ago.

And that is why the talk

goes to the past

but then comes back, urgently,

to the future:

what can we do for this

not to happen again?

So you won’t rest

now that you’re able to:

you’re going to devote yourself

body and soul

to an idea

that belongs to everyone.

Together you decide to sue

the Argentine State

before an International Court

LMR V. the Argentine State

“…in LMR’s case, the State’s lack

of diligence in guaranteeing

a legal right to a procedure

only required by women

had, as a result, a discriminatory

practice that violated her rights.

This infringement is even more

serious if we take into account

that this woman was underage,

disabled and poor,

due to which the State’s duty

to protect her rights

was of the utmost importance.

Given that abortion is a problem

that only affects women

and that, in the social imaginary,

is filled with all kinds of prejudice,

the way Court officials

and the medical staff

of the San Martín

Hospital in La Plata

handled themselves

was discriminatory,

and the provincial and national

authorities were ineffective

when it came to making them

obey the law,

denying LMR her right

to a legal, safe abortion.

That is why we respectfully

ask the United Nations’ Human

Rights Committee:

1) To establish the international

responsibility of the Argentine State.

2) To order the Argentine State

to implement hospital protocols

that will allow to make viable

the access to a legal,

quality abortion, and the mechanisms

to implement that right.

3) To revise the national legal

framework

in regards to abortion in general,

which sanctions women who interrupt

an unwanted or forced pregnancy

and leads them

to resort to illegal abortions

that put their lives

and health at risk. ”

Taking pictures

with one of those cameras

is something else.

You have to choose the lens,

then you have to choose

the right exposition,

breathe deeply.

Attention, don’t move.

Ruling from the Human Rights

Committee of the United Nations

April, 2011

“The Committee considers that

the State’s lack of diligence

in guaranteeing a legal right to

a procedure only required by women

constituted, in the first place,

a violation of the right to equality,

and may have resulted

in a discriminatory practice

in relation to LMR.

The Committee considers

that the obligation imposed

on LMR

of continuing her pregnancy

constituted cruel,

inhuman treatment.

The Committee considers

that the State’s omission,

not guaranteeing LMR the right

to the termination of her pregnancy,

caused physical and moral suffering

in the young woman,

made more serious due to the fact

that this is a young woman

with a disability.

The Committee considers that

the events constituted

arbitrary meddling in LMR’s

and her family’s private life

through the Justice Department,

in a matter that had to be resolved

between the patient and her doctor.

The Committee considers that

the events configure a violation

of LMR’s right to live,

given that the State

did not take the necessary measures

or observe the diligence due

in order for the young woman

to be able to safely interrupt

her pregnancy,

thus avoiding her subjection

to an illegal abortion.

For these reasons:

1) The Argentine State

has the obligation to provide

LMR with reparation measures

that include adequate compensation.

2) The Argentine State also has

the obligation to take measures

in order to avoid similar violations

from taking place in the future.

3) The Argentine State must,

in a maximum of 180 days,

provide information

on the measures it has adopted

in order

for this ruling to be fulfilled. ”

HOUSE OF REPRESENTATIVES

OF THE BUENOS AIRES PROVINCE

DECEMBER, 2014

In this public act of reparation

for the LMR case,

we have the President of the Women’s

National Council, Mariana Grass,

PUBLIC REPARATION FUNCTION,

LMR CASE

the Nation’s Undersecretary

of Promotion and Protection

of Human Rights, Carlos Pizonni,

the Secretary of Human Rights

of the Province of Buenos Aires,

Mr. Guido Carlotto.

Also present

are officials from the Nation’s

Department of Human Rights,

national officials,

officials from the Province’s

Ministry of Health,

officials from the Province’s

General Consultancy,

officials from the Department

of Human Rights,

and other officials from the province,

LMR and relatives.

How long does a day last, Vicenta?

What about a year? And eight?

Eight years have gone by,

with all the things,

with all the life you carry inside,

and now the obligatory apologies

arrive,

the words that are said because

someone requested they were said,

now that the landscape is different,

and that neither you nor Laura

need them anymore.

Although perhaps you do,

perhaps they are necessary,

not for Laura, not for you,

but in the large path

of women’s rights.

I’ll just tell you

that I wish abortions

were performed immediately,

and that they’d stop murdering us.

And for the law to be followed,

the abortion law should be followed,

because an abortion

is a horrible thing,

and they had no right

to make us have that baby,

and as they told me at the time,

as other people told me,

“have it and we’ll give it up

for adoption,”

and it’s not that, because the law

was there to defend my daughter

and I just wanted the law

to be followed.

At that moment,

the state was not present.

But now I ask for the state

to be present,

and for abortion to be legal

so that what happened to me

doesn’t happen to anyone else.

To Vicenta and her family,

with deep admiration and respect.