Justice is fundamental.

By establishing normative codes of conduct and imposing narrow-minded ideals and values, fundamentalisms hinder civic participation and have a damaging impact on peoples' lives and health.

Sexual and reproductive health and rights are one of the priority targets of ideological "holy wars" being waged in Latin America and the Caribbean. In these battles, our elected governments have taken sides with religious sectors and turned a deaf ear to the clamor of their citizens who cry out against the authoritarian manipulation of their autonomy, freedom and human dignity.

Today, we are witness to an embattled fundamentalist backlash throughout much of our region, a situation that has a particularly nefarious impact on women's rights, especially in the area of sexuality and reproduction. In the following section, we include examples from Argentina, Peru, Bolivia and Nicaragua.

Democracy begins with separation of Church and State. Without freedom of choice, democracy becomes just another ideological catchword. True democracies are built by free citizens, and women must be at the vanguard of this endeavor.

It is unacceptable that in the 21st Century Catholic conservatism--a minority backed by some national judges and most bishops--is attempting to push Argentina back into the dark ages and impede our freedom to exercise rights we have gained through the struggles of the women's movement. To truly build the democracy that we have longed for, now more than ever we must defend our pluralist society which is tolerant and respectful of difference.

Given the crisis we face today in our country where policies that affect the entire population have an even greater impact in the life of women, organized social movements are gaining increased legitimacy both from the State and from public opinion as participants in decision-making processes. In crucial moments like these when the National Law on Sexual Health and Responsible Procreation has been placed in jeopardy, we consider it vitally important to promote greater awareness about the right to freedom of choice, especially among those connected to the organized civil society, the university community and the entire citizenry.

"Religious fundamentalists have launched a crusade against women, life, health and the freedom to exercise basic our human rights. The ruling issued by Federal Judge Garzon de Lazcano has endangered:

* the right to equality and freedom from sexual discrimination; and

* the right to privacy, freedom of conscience, thought and religion.

Dr. Silvia Julia., legal advisor to Catolicas por el Derecho a Decidir-Cordoba and president of the Women's Commission of Argentina's Bar Association, declared that the judge's action is in violation of Argentina's treaty obligations. "Because we firmly believe that a woman's control over her own fertility constitutes the basis of her ability to exercise a host of other basic human rights (Beijing Platform for Action), restrictions on contraceptive methods limit, restrict and/or reverse rights that are clearly protected by several internationally-recognized human rights agreements. The prohibition of safe, modern contraceptive methods as decreed by the federal judge of Cordoba is in clear violation of Article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which states:

   For the purposes of the present Convention,
   the term 'discrimination
   against women' shall mean any distinction,
   exclusion or restriction made
   on the basis of sex which has the effect
   or purpose of impairing or nullifying
   the recognition, enjoyment or exercise
   by women irrespective of their
   marital status, on a basis of equality
   of men and women, of human rights
   and fundamental freedoms in the political,
   economic, social, cultural, civil
   or any other field.

"Her ruling also violates other constitutional resolutions outlined in international agreements such as CEDAW; the International Covenant on Civil and Political Rights; the Pact of San Jose, Costa Rica; and the International Covenant on Economic, Social and Cultural Rights, all of which the Argentine State is obligated to respect, fulfill and enforce.

"As a result, CDD and many other civil society organizations reject the interference of a minority and the imposition of its principles and values on international legal protections ratified by the Argentine government for the enjoyment of all. We also denounce the recent judicial decisions that are discriminatory against women and which violate their basic human rights."

Despite significant obstacles, we are convinced that those of us who support reproductive and sexual rights are at a vital crossroads in the fight for the right to access to contraception. All the many independent organizations, despite their distinct strategies, share the same objective of promoting access to contraception as a central component of reproductive health, comprehensive health and human rights. If these organizations were able to join forces under a common strategy, solid leadership and appropriate coordination and create a nationwide movement in favor of the right to free choice, this would represent a crucial step in making sexual and reproductive rights a reality. At the same time, fundamentalist groups would encounter a much more powerful and organized resistance.

However, we are also aware that it will be impossible to achieve our objective without a public demand for these rights. In order to ensure that these laws are respected by the Argentine government, a visible and articulate public movement must demand that the corresponding social services be provided.

In this effort, we want to mobilize public opinion and transform attitudes, values, norms and the policies within the public health sector in order to facilitate the access of women to sexual and reproductive health services. We must urgently identify and strengthen the organizations and groups in different provinces and work collectively in order to create a movement for the right to free choice at the national level. This movement will advocate for access to contraception, reproductive health and human rights and contribute to the struggle for true separation of Church and State, free of fundamentalisms.

In 2003, we witnessed one of the most explicit forms of fundamentalism in the two controversial rulings of Judge Garzon de Lazcano, the first to suspend the implementation of the National Program of Sexual Health and Responsible Procreation in February, in response to a suit brought by Mujeres per la Vida (Women for Life), a fictional organization which is actually a front for the extremely conservative Catholic group Opus Dei. In May, Judge Garzon issued another ruling prohibiting the production and sales of 97% of all contraceptive methods in the country, this time in response to an appeal of another unknown organization, followers of LeFebvre calling themselves "March 25," a clear allusion to the Day of the Unborn Child decreed by former President Menem.

The Catholic hierarchy and its allies have been intensifying their work in Argentina, especially evident during Menem's presidency. Following a carefully-planned strategy to achieve what could not be imposed at the international conferences of Cairo and Beijing, the Consejo Pontifico para la Familia (Pontifical Council for the Family) and Opus Dei have organized events for right-wing legislators and politicians from Argentina and Latin America to train them in influencing public opinion by holding fast to the "moral" high ground of the most ultraconservative sector of the Catholic Church. This "moral agenda" is opposed to the programs and policies promoting reproductive health and family planning, the rights of gays and lesbians, sex education in schools, gender equity and participation of women in the public sphere. In other words, it is against women's freedom to make decisions regarding their own sexual and reproductive lives and favors limiting their existence to motherhood and the care of others.

The evident failure of the moral teachings of the Catholic hierarchy among its own parishioners is now directly threatening national laws. It is well known and documented that Catholic women and men are not in agreement with Church authorities on issues related to sexuality and reproduction.

In ten years of work in Cordoba, Argentina, Catolicas per el Derecho a Decidir (CDD, Catholics for a Free Choice) has promoted freedom of choice by arguing that women are competent moral agents and that the right to dissent with the teachings of the Church which are not infallible is an ethical option. CDD defends access to safe and effective modern contraceptives and for the decriminalization of abortion. We believe that these rights are expressions of freedom of conscience. Our beliefs are inspired by the idea that all women and men are made in the image and likeness of God, endowed with intelligence and with consciousness of their own actions. Regardless of gender, we should be free as human beings to act on the basis of this consciousness; an individual is defined precisely by the extent to which she or he is capable to making choices and our dignity derives from being able to make these decisions. Freedom of conscience provides the foundation for human dignity.

This year, in collaboration with the women's movement, CDD has developed several public and legal initiatives to protest the controversial rulings of Judge Garzon that shut down the National Program of Sexual Health and Responsible Procreation and prohibited the production and sale of most contraceptives in the country. For example, we attracted broad media coverage with our protest on the steps of the Federal Courthouse using the mouth symbol adopted by the Campaign Against Fundamentalisms.

As a civil society organization, CDD accompanied the Ministry of Health and Social Action in appealing to overturn Judge Garzon's first ruling, and in May 2003, together with more than thirty organizations, we signed the petition to recall Judge Garzon.

Today, the Program of Sexual Health and Responsible Procreation is being implemented. The day after Judge Garzon's second ruling, the President signed the decree creating the program. In addition, several progressive demonstrations on issues of sexual and reproductive rights have emerged in the current political atmosphere: for example, a law on reproductive health in the province of Buenos Aires was passed and awaits implementation. Additional laws were passed in the city of Buenos Aires guaranteeing access to tubal ligation as a matter of human rights and recognizing the civil union of homosexual couples. Most recently, another law was passed that asserts that: "Women who are pregnant with a fetus that suffers from a pathology that would prevent it from surviving outside of the uterus may terminate the pregnancy in public hospitals in the city of Buenos Aires."

These decisions demonstrate a political will favoring women's sexual and reproductive rights. We have faith in our efforts and in the support of the new national government, despite the desperate actions of Opus Dei to obstruct justice. The steps taken by President Nelson Kirchner in mid-June when he overruled the Supreme Court arbitrarily appointed by Menem are an indication that we are indeed moving forward to better times.

The current context has allowed CDD to contribute to a debate in which certain minority groups have presented their religious arguments as the "only" arguments and the "only" proper path for society. These are times in which our originality becomes an opportunity to demand change and to broach these issues with authority.

An alliance for the collective defense of contraception may be possible in the future although no multi-sectoral agreement exists so far. (1) We are convinced that it is the ideal time for the configuration of a movement for free choice among leaders and sympathizers of various social persuasions. This movement would not only promote the right to contraception but help mainstream the feminist agenda within the broader social movement.

The achievements of CDD have always been possible with the help of others, especially the women's movement:

* We have had the undreamed-of opportunity to work with key sectors and with influential leaders on crucial issues, such as overturning the ruling against the National Program of Sexual Health and Responsible Procreation.

* We have received requests from several provinces to organize events and conferences. With CLADEM, we recently launched the campaign, "Hacia una Convencion de Derechos Sexuales y Derechos Reproductivos" (Toward a Convention on Sexual Rights and Reproductive Rights) in the University of Santiago del Estero.

* We have taken timely action in response to the opportunities and obstacles this year has presented us, especially in light of the controversial rulings mentioned above. In both instances, we held protests in front of court buildings with participation by influential and diverse figures.

* Our communications strategy has permitted us to appear in the news not only as members of CDD but also representing other social organizations, thus taking advantage of an historical opportunity provided by these political circumstances.

* We successfully encouraged the participation of the Red de Fe y Politica (Faith and Policy Network), Jovenes Cristianos Independientes (Independent Christian Youth), CDD-Buenos Aires and the group of Catolicas y Catolicos por el Derecho a Decidir-Mendoza (Catholics for Free Choice-Mendoza) in the campaign: "Soy Catolica/o y estoy a favor de la anti-concepcion" ("I am Catholic, and I support contraception"). This was accomplished with the active support of a priest widely recognized for his work on human rights and solidarity with various social movements, the women's movement and human rights agencies.

* We worked with the Asociacion por los Derechos Civiles (Civil Rights Association) to draft an appeal to the first ruling, representing a common agenda among feminist and human rights organizations.

* This context forced the ecclesiastic structure of Cordoba to disassociate itself from fundamentalist groups for the first time, as evidenced by the suggestive comments of its spokesman, Presbyter Jose Alessio: "The Church teaches responsible parenthood but does not seek to crush individual consciences."

"Now more than ever, democratic states should assume their responsibility to legislate for a diverse and plural society and understand that the religious beliefs should not influence public policy. The separation of Church and State is essential for the exercise of rights, which sustains the well-being of all people. It is up to the State to guarantee the separation of Church and State, and it is up to civil society organizations to insist that the State fulfill this obligation." (2)

Notes

(1.) Maria Consuelo Mejia, "En defensa del Laicismo" (CDD Mexico).

(2.) Ibid.

The author is a member of Catolicas por el Derecho a Decidir-Cordoba (a branch of Catholics for a Free Choice based in Cordoba, Argentina) and former Coordinator of the Red CDD-America Latina (CFFC Network-Latin America).