Brazilian Congress suspends rule that guaranteed legal abortion to minor victims of rape

Linda Veras
2 Min Read

São Paulo.– The Brazilian Congress suspended a rule that guaranteed access to legal abortion for pregnant girls and adolescents as a result of rape, in a decision that has reignited the debate over reproductive rights in the South American country.

The measure was approved by the Brazilian Senate after having previously received the support of the Chamber of Deputies, nullifying a resolution issued by the National Council for the Rights of Children and Adolescents (Conanda).

The suspended regulation established special protection mechanisms for minors who are victims of sexual violence, including confidentiality guarantees, free legal assistance, autonomy in decision-making, and procedures aimed at avoiding re-victimization during medical and judicial processes.

The sectors that supported the suspension argue that the resolution exceeded the powers of the body that issued it and addressed aspects that, in their view, should be defined by the Legislative Branch.

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For their part, organizations defending the rights of women and children have expressed concern about the impact that the measure could have on girls and adolescents who are victims of sexual assault, considering that it eliminates specific guarantees of protection and access to services contemplated by current legislation.

Currently, Brazilian legislation allows abortion in three circumstances: when the pregnancy is the result of rape, when it poses a risk to the mother’s life, and in cases of fetal anencephaly. Outside of these scenarios, the termination of pregnancy remains criminalized.

The decision comes amid an intense national debate over abortion-related policies, a topic that in recent years has generated divisions between conservative groups, feminist movements, and human rights organizations.

With the suspension of the regulation, access to legal abortion in cases of rape will continue to be protected by Brazilian legislation, although without the specific guidelines that had been created for the care and protection of girls and adolescents who are victims of sexual abuse.

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