Public defender sues SP for making legal abortion difficult – 11/05/2023 – Mônica Bergamo

Investigations carried out by the Public Defender’s Office of São Paulo in public hospitals that offer legal abortion services in the state indicate that none of them carry out terminations of pregnancies beyond 22 weeks, even in cases provided for by law.

What’s more: there was a unit that stated that, depending on the gestational length, and even if it is less than 22 weeks, it advises patients to continue with the pregnancy and keep the newborn — or to send it for adoption, despite the law providing for termination in cases of rape, risk to maternal life and anencephalic fetus.

The results of the survey, carried out by the Specialized Center for the Promotion and Defense of Women’s Rights (Nudem) of the Public Defender’s Office, are included in a public civil action filed by the body against the State of São Paulo.

Defenders Nálida Coelho Monte and Tatiana Campos Bias Fortes accuse the federation unit of not guaranteeing full access to guidance on legal abortion, whether for the population or their health professionals, and of violating the rights of girls and women seeking care with the SUS (Unified Health System).

The agency visited ten hospitals, which would represent 50% of all units in the state capable of providing legal abortions. The number, states the Ombudsman’s Office, is an estimate, as the São Paulo Health Department did not want to provide a list of all the locations where the service is available.

The defenders tell the court that even the department’s website does not provide information about the procedure or the hospitals and addresses where it can be found. “Women and girls who are victims of sexual violence, in addition to suffering the indelible pain of having their bodies violated, are often unable to access information and quality care in the area of ​​health,” says the action.

The Public Defender’s Office maintains that the lack of transparency contributes to making legal abortion inaccessible, since those who seek the procedure are not informed about their rights. The fact that health professionals are also not aware of what can or cannot be done creates obstacles, he highlights.

“The absence of accurate information increases the pilgrimage time for women and girls in search of medical treatment, which prolongs unwanted pregnancies, creating greater difficulties in guaranteeing the termination of late pregnancies,” states the action. “This situation constitutes an illegal omission.”

The agency states that the scenario is “dramatic”, given the high rates of rape and rape of vulnerable people in the country. “According to data from the Ministry of Health, there are more than 19 thousand live births per year to mothers aged between 10 and 14. Girls who, in theory, would have the right to legal abortion in Brazil”, he says.

The public civil action also draws attention to the ridiculous number of legal abortions carried out in public hospitals in São Paulo in recent years. Considered a reference for 102 municipalities in the interior of São Paulo, the Rio Preto Hospital made eight interruptions last year, seven in 2022 and five in 2020. The annual number of legal abortions was between five and six in four other reference units.

The Ombudsman’s Office also identified that in many hospitals the curettage procedure is still carried out, which was no longer recommended by the WHO (World Health Organization) more than ten years ago.

“Practically none of the hospitals visited provide professional training and training, whether in relation to legislation on legal abortion, women’s human rights or even technical alternatives”, reports the organization. “Among the issues open to doubt, the biggest one revolves around the gestational age limit for terminating a pregnancy.”

A hospital located in Presidente Prudente, for example, said it performed legal abortions up to the 14th week, but had doubts about the recommended limit.

Defenders claim that the “misinformation scenario” about the deadline for legal interruption “has been accentuated in recent years”, after the government of Jair Bolsonaro (PL) issued a rule that treated any and all legal abortions performed after birth as a crime. 22nd week.

They clarify, however, that the current rule of the Ministry of Health says that the main factor to be taken into consideration in an abortion in the cases provided for by law must be “the deliberate intention to terminate the pregnancy”. The ministry also states that “Brazilian legislation does not establish a gestational time limit for legal abortion.”

When expressing its opinion on the action, the Public Ministry of São Paulo gave a favorable opinion to the demands of the Public Defender’s Office for more transparency in the provision of information and training of health professionals and hospitals in the state.

“Active transparency, the right to information and the State’s duty to promote health are perfectly combined in the concrete action —and easily executed by the public administration— of making information pertinent to legal abortion public, in a clear and objective manner, on the official website of the State Department of Health”, said prosecutor Dora Martin Strilicherk.

“Each day of pregnancy results in more physical and psychological suffering in cases of pregnancy resulting from sexual violence, those that pose serious health risks to the pregnant woman and those that are unviable”, he also said.

When contacted by the column, the São Paulo Health Department did not respond until the publication of this text.

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POPCORN

Actress Vera Holtz received guests at the preview of the film “Tia Virgínia”, which she stars in, at Cine Marquise, in the capital of São Paulo, last week. Actress Helena Ranaldi attended the session. The film’s director, Fabio Meira, stopped by.

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