Court analyzes actions that deal with the disqualification of rape victims, family planning and maternity leave
This Thursday (7th March 2024) the STF (Supreme Federal Court) analyzes a series of actions aimed at women's rights in a thematic session in honor of International Women's Day, celebrated on March 8th.
This Thursday's agenda includes 5 lawsuits for judgment. Of these, 3 deal with the treatment given to victims of sexual violence, family planning and maternity leave.
The 1st action on the agenda was filed by the PGR (Attorney General's Office) and questions the treatment given by the Public Power to victims of sexual violence in the investigation and trial phase of the crime. The body says that the State has failed to question victims about their sexual conduct. The report is from Minister Cármen Lúcia. Here's the complete of the petition (PDF – 324 kB).
The 2nd case on the agenda drawn up by the President of the Court, Minister Roberto Barroso, questions articles of the Family Planning Law (Law 9,263/1996), which determines conditions for women and men to undergo voluntary sterilization. The rule states that women must be at least 25 years old or have 2 children, in addition to their spouse's authorization to be able to carry out the procedure.
In 2023, the Ministry of Health made changes to the criteria established by the Law. Here are the main changes:
- minimum age goes from 25 to 21 years old, regardless of the number of children;
- a minimum period of 60 days is mandatory between the woman's statement and the surgery;
- the consent of the spouses is no longer required;
The action was presented by the PSB and indicates that the provisions of the law are arbitrary and go against women's autonomy in relation to their reproductive rights. The rapporteur is by minister Kassio Nunes Marques. Here's the complete of the petition (PDF – 1 MB).
The 3rd action on the thematic agenda deals with an appeal on the right to maternity leave in a stable same-sex union. In this specific case, a public servant, mother of a child gestated by her wife from her egg, asks for recognition of the right. The case is with Minister Luiz Fux.
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