05/29/2024 – 18:10
In an attempt to standardize protocols and facilitate the referral of women seeking assistance to have a legal abortion, public defenders from nine states created a booklet with information and guidance to distribute internally. The document systematizes legal and regulatory frameworks on abortion and even offers templates for petitions that public defenders can use in consultations.
The idea arose from a practical need. Often, the Centers for the Promotion and Defense of Women’s Rights, arms of the State Ombudsman’s Offices specializing in sexual and reproductive rights, are called to answer questions about legal abortion. The protocol was designed as reference material for defenders across the country.
Abortion in Brazil is permitted in three situations – sexual violence, risk of death for the pregnant woman or fetus with anencephaly. Although this is a right provided for by law, the criminalization of the procedure even affects cases protected by legislation.
“There is a stigma surrounding the issue, which even affects cases of legal abortion, but abortion is a legal and reproductive right for women. This negative value makes it difficult for women to seek their rights”, says public defender Mariana Nunes, from Paraná, one of the professionals involved in the project.
The work of the Public Defender’s Office in cases of legal abortion is, essentially, extrajudicial. The focus is to ensure that women have their rights guaranteed in the shortest possible time. There is no need for judicial authorization for cases provided for by law.
The Penal Code also does not provide for a gestational age limit for the procedure. As a result, time frames vary between States. Bureaucracy makes the process time-consuming and, often, defenders find themselves in a “race against time”, says Mariana. It is not uncommon for patients to be referred to other cities.
Difficulties range from undue demands on health units, such as exams and police reports in cases of sexual violence, to the lack of professionals to carry out the procedure. The result is a “pilgrimage” in search of care, says the defender. “Services often instill fear, guilt and doubt in women.”
Doctors are not obliged to perform the abortion, they have the prerogative to invoke the so-called “conscientious objection”, but hospitals must ensure care by another professional.
“Conscientious objection is not an absolute right. It is not above the right to dignified care, to life, to the health of patients. Furthermore, it is a right of the professional and not of the establishments”, explains public defender Lívia Almeida, from Bahia.
Rape cases receive special attention to avoid revictimization of women. The victim is not obliged to go to the police or report the attacker. These are the most sensitive services, according to Lívia. “There is misogyny. Women are blamed for the sexual violence they suffered.”
Public Defender’s Offices have sought to get closer to health networks to facilitate the flow of care and support professionals in the cases they refer. Another effort is to make information about legal abortion more accessible.
“The lack of information about the law and services is a major bottleneck. Many places perform the procedure, but don’t advertise it. Our work is about education in rights, coordination with health services and departments, to bring security to professionals who carry out their duties and ensure women’s rights.”
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