The debate over legal abortion often resurfaces under the guise of a moral debate, even though it has been legally permitted in certain cases since 1940. On the 5th, the House of Representatives approved a draft legislation to overturn the Konanda (National Council for the Rights of Children and Youth) resolution that set guidelines for the care of children and adolescents who are victims of sexual violence. Meanwhile, the Senate should leave the issue on hold for now. On the other hand, the desire for conservative votes once again exceeds the guarantee of rights.
Konanda’s resolution does not change the law, but only regulates ways to ensure more agile and humane services and consistency with current legislation. The aim is to reduce re-victimization, ensure adequate information, provide psychological, social and legal support and ensure that cases of sexual violence receive an integrated response. It aims to guide health, social assistance, education and protection networks on who and what to do when children and young people find themselves in situations of sexual violence or pregnancy.
Brazilian law has for decades allowed abortions if rape endangers a pregnant woman’s life or pregnancy. This solution simply explains in detail how the service is done in such cases. The report recommends ensuring concrete safeguards, such as informed consent, data protection, respecting victims’ wishes and monitoring by multidisciplinary teams.
Another point is the decentralization and standardization of services to expand access in areas where little support exists. Girls and adolescents face barriers such as lack of information, resistance from professionals, and even humiliation. In a scenario where more than 85% of rape cases are committed by someone from the family or acquaintances, it is not always reasonable to seek the consent of the family to authorize the procedure.
Critics of the resolution, including opposition members and the self-proclaimed “pro-life” sector, argue that it promotes or facilitates access to abortion for minors. It turns out that today, girls who are victims of rape are exposed to systemic challenges, and the response from the authorities is often to “just hold on a little longer.” While waiting for permission and input, the pregnancy progresses, and with it comes increased physical, psychological, and social risks.
Therefore, yes, the procedure should be expedited. This is not to make the law more flexible, but to ensure that the law is followed. Service guidelines can make a difference by reducing wait times and enhancing the work of multidisciplinary teams.
The numbers reveal the magnitude of the distortion. Only a small percentage of girls who are victims of rape actually have access to legal abortions. Because of their age, these girls are at higher risk of developing serious complications. The statistics also reveal regional, racial, and social inequalities that continue to be politically ignored. Denying child and adolescent victims of rape access to legal abortion perpetuates violence, increases suffering and deepens inequality. They are choosing political gain over child protection.
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