By a majority of 317 votes in favor and 111 votes against, the House of Representatives approved on Thursday (5) a draft decree canceling the decision of the National Council for the Rights of Children and Adolescence on legal abortion of minors – and the draft is referred to the Senate.
But the Konanda Rule reaffirms the right of this class to terminate a pregnancy based on guidelines such as priority access to legal, confidential abortion services and safe and humane care.
The dark measure taken by the representatives is based on ideological bias and ignores the obstacles to access to legal abortion in the country, putting the health and even lives of younger Brazilian women at risk – the maternal mortality rate in the age group up to 14 years (62.57 deaths per 100,000 live births) is higher than the national average (52.7).
Moreover, it is an attempt to confuse residents about the scope of the decision that does not change the law that has been in place since the 1940s. Hence, the application of the provisions on abortion in the Penal Code is voided.
In Brazil, termination of pregnancy is permitted in cases of danger to the pregnant woman’s life, rape, and anencephaly of the fetus. The law stipulates that having sexual relations with a minor under the age of 14 is considered rape of a vulnerable person, and there is no basis for a unanimous allegation by the victim.
The data is worrying. According to the Brazilian Public Security Yearbook, 61% of the 87,500 rape cases recorded last year were against children and adolescents in this age group.
The topic is known to be controversial and sparks intense political debate. The Labor government itself opposed Konanda’s decision in December and, following criticism, has now indicated a vote against repealing the decision in the council.
However, technical knowledge should guide public policy, not ideology. Lawmakers criticize the decision because it does not impose a time limit on pregnancy to allow abortion, although this limit can only be determined by law, as the Penal Code does not impose it.
Children and adolescents, especially the poorest, are the ones who tend to undergo this procedure at an advanced stage of pregnancy because they do not know their bodies, cannot report abuse they experience at home and do not have access to regular medical services.
For this reason, it is the public that faces the most obstacles in ensuring legal abortion. By overturning the decision, MPs are putting narrow-minded political conflict above the rights, health and lives of the children and adolescents they claim to protect.
Editorials@grupofolha.com.br
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