10,963
edits
Gynopedia needs your support! Please consider contributing content, translating a page, or making a donation today. With your support, we can sustain and expand the website. Gynopedia has no corporate sponsors or advertisers. Your support is crucial and deeply appreciated.
Rio de Janeiro: Difference between revisions
Jump to navigation
Jump to search
→Laws & Social Stigmas
| Line 175: | Line 175: | ||
According to the Brazilian Penal Code (1940), abortion is generally illegal. There are only two exceptions: to save the life of a woman, or if the woman was impregnated due to rape or incest. All other reasons for abortion, such as the preservation of the woman's heath (mental or physical), risk of fetal impairment, economic or social reasons, etc., are not recognized. If a woman wants to legally obtain an abortion, she must give consent. If she is considered incompetent, then her legal representative/guardian must give consent. | According to the Brazilian Penal Code (1940), abortion is generally illegal. There are only two exceptions: to save the life of a woman, or if the woman was impregnated due to rape or incest. All other reasons for abortion, such as the preservation of the woman's heath (mental or physical), risk of fetal impairment, economic or social reasons, etc., are not recognized. If a woman wants to legally obtain an abortion, she must give consent. If she is considered incompetent, then her legal representative/guardian must give consent. | ||
If an illegal abortion is performed, the physician/practitioner may be punished with 1-4 years in prison. If the woman does not give consent, or if she is under 14 years old, or if she dies during the abortion, the imprisonment may be much longer. If a woman illegally receives an abortion, she may be sentenced to 1-3 years in prison.<https://www.womenonwaves.org/en/page/4938/brazil--abortion-law Brazil: Abortion Law]</ref> | If an illegal abortion is performed, the physician/practitioner may be punished with 1-4 years in prison. If the woman does not give consent, or if she is under 14 years old, or if she dies during the abortion, the imprisonment may be much longer. If a woman illegally receives an abortion, she may be sentenced to 1-3 years in prison.<ref>[https://www.womenonwaves.org/en/page/4938/brazil--abortion-law Brazil: Abortion Law]</ref> | ||
Since 1975, Brazil has seen strong efforts to try to ease abortion restrictions, which have been unsuccessful. | Furthermore, Brazil has signed the American Human Rights Convention, also known as the Pact of San José. This pact grants that, "from the moment of conception," human embryos have the right to life. In 2008, the Brazilian Supreme Federal Court ruled that the right to life only applies to intrauterine embryos, thereby excluding frozen embryos. In 2012, the Supreme Court authorized abortion on fetuses with anencephaly.<ref>[https://en.wikipedia.org/wiki/Abortion_in_Brazil Wikipedia: Abortion in Brazil]</ref> | ||
Since 1975, Brazil has seen strong efforts to try to ease abortion restrictions, which have been unsuccessful. According to a 2007 poll, 65% of Brazilians think that abortion laws "should not be modified." Yet, despite these restrictions, abortion seems to be rather common. In a 2005 survey, it was found that 1/3 Brazilian doctors had performed an abortion, and a 1991 World Bank report estimated the lifetime abortion rate as two abortions per woman.<ref>[https://en.wikipedia.org/wiki/Abortion_in_Brazil Wikipedia: Abortion in Brazil]</ref> According to a UN Report, "abortions are widely performed. According to most recent estimates, approximately 1 to 4 million women a year obtain abortions in Brazil. The majority of women seeking abortions are married. Prosecution for unlawful abortion is rare. The requirement of legal proof of pregnancy as a precondition for prosecution allows abortion to be performed despite current prohibitions. Moreover, although not authorized to do so by the law, judges in approximately 350 cases in recent years have allowed abortions to be performed in cases of severe foetal defect." | |||
Regarding the abortion pill, the UN Report found the following: "Near the end of 1991, the Government of Brazil took steps to end the use of Cytotec for the performance of illegal abortions. Acting in part in response to a campaign of a number of groups against the drug, the federal Ministry of Health issued an order placing Cytotec in a category of drugs that could be sold only in authorized drugstores; these drugstores were required to retain a copy of the physician’s prescription for official use. State Governments adopted similar measures. In Rio de Janeiro, use of the drug was limited to hospitals; in Ceará, its sale was completely prohibited; and in São Paulo, sales through drugstores were restricted to use for gastrointestinal purposes and drugstores were required to keep detailed records on the patient, prescribing physician and indications for the use of the drug. Use of Cytotec for gynaecological reasons in hospitals in São Paulo required the permission of health officials. Approval of the regulations has dramatically decreased the sale of Cytotec, although its effect on the number of abortions performed in Brazil is unknown at this time. "<ref>[http://www.un.org/esa/population/publications/abortion/profiles.htm UN Report, Brazil - Abortion Policy[</ref> | Regarding the abortion pill, the UN Report found the following: "Near the end of 1991, the Government of Brazil took steps to end the use of Cytotec for the performance of illegal abortions. Acting in part in response to a campaign of a number of groups against the drug, the federal Ministry of Health issued an order placing Cytotec in a category of drugs that could be sold only in authorized drugstores; these drugstores were required to retain a copy of the physician’s prescription for official use. State Governments adopted similar measures. In Rio de Janeiro, use of the drug was limited to hospitals; in Ceará, its sale was completely prohibited; and in São Paulo, sales through drugstores were restricted to use for gastrointestinal purposes and drugstores were required to keep detailed records on the patient, prescribing physician and indications for the use of the drug. Use of Cytotec for gynaecological reasons in hospitals in São Paulo required the permission of health officials. Approval of the regulations has dramatically decreased the sale of Cytotec, although its effect on the number of abortions performed in Brazil is unknown at this time. "<ref>[http://www.un.org/esa/population/publications/abortion/profiles.htm UN Report, Brazil - Abortion Policy[</ref> | ||