Safe abortion
Conectas and ITTC submit amicus curiae to Supreme Court in support of legalizing terminations until 12th week
On Latin American and Caribbean Day of Struggle for the Decriminalization of Abortion, Conectas and ITTC (Land, Employment and Citizenship Institute) submitted an amicus curiae brief to the Supreme Court with arguments in support of a case to legalize the termination of pregnancies, without restrictions, until the 12th week. The date is marked by a series of activities by women with the intention of promoting the debate on the topic in Brazil and the region.
According to the brief submitted this Thursday, September 28, the criminalization of abortion before 12 weeks is incompatible with the Constitution and with international human rights treaties because it imposes disproportionate limitations on the freedom and dignity of women. Furthermore, most countries already permit women to choose to terminate pregnancies up until this limit.
The brief presents technical arguments in support of Case No 442, filed by the Socialism and Liberty Party (PSOL) and drafted with the involvement of the Anis Institute, which addresses the decriminalization of abortion. Justice Rosa Weber is the reporting judge in the case. If the case is approved by a full session of the court, abortion will be decriminalized in all cases provided it is performed within the first 12 weeks of pregnancy.
“Abortion is a matter of public health and, in particular, of public health for poor women from poor neighborhoods who die every day from unsafe procedures,” said Juana Kweitel, executive director of Conectas. Mariana Lins, a lawyer and researcher at ITTC, added that “the initiative by Conectas and ITTC aims to strengthen Case 442 so the Supreme Court can guarantee the freedom to choose an abortion, by recognizing that this is a fundamental right of women”.
Currently in Brazil, abortion is only permitted under three circumstances: when the pregnancy is the result of a rape, when it poses a risk to the life of the mother or when the fetus is anencephalic – this last case also resulted from a Supreme Court decision. Abortion is today the fifth leading cause of maternal mortality in Brazil, according to the Federal Medicine Council.
The amicus curiae brief submitted by the organizations also presents a study comparing international public policy models that promote safe abortions, citing the cases of South Africa, the Netherlands, Mexico City, Italy, the United Kingdom and Uruguay.
