With abortion, STF can reaffirm its fight for gender equality – 10/12/2023 – Opinion

The Federal Supreme Court began the trial of the action that questions the constitutionality of the criminalization of abortion up to the 12th week of pregnancy. Minister Rosa Weber voted in favor of decriminalization and, now, the other ministers will have to give their opinion.

Over the last two decades, the STF has taken the lead in defending fundamental rights in Brazil. Faced with powerful opposition, the court protected vulnerable groups, making decisions on same-sex unions, affirmative action and the rights of survivors of domestic violence, among many others. But the decriminalization of abortion is a challenge of another order, which has been awaiting resolution for years.

The trial of the action was resumed at a time of expansion of the so-called “green wave” in Latin America. The movement, characterized by the use of green bandanas by defenders of reproductive rights, intensified after legislative changes and judicial decisions that decriminalized abortion in Argentina, Colombia and Mexico. A favorable decision by the STF will be a turning point for the entire continent and will reaffirm the court’s leadership in the fight for gender equality.

As courts in Colombia and Mexico have recognized, the criminalization of abortion in Latin America reflects historical patterns of gender discrimination. The current abortion ban in Brazil carries in its DNA the stereotype that women’s ultimate role is reproduction, which is incompatible with current democratic life.

According to the Brazilian Constitution, women have the right to participate in the nation’s public life. However, the realization of full citizenship will only occur when women can control their reproductive decisions. It is for this reason that Minister Rosa Weber’s vote places the decriminalization of abortion within the broad and consolidated jurisprudence of the STF that protects gender equality.

In addition to being necessary to achieve equality, the decriminalization of abortion serves the purpose of protecting life. The experience of countries where abortion is not criminalized shows that decriminalization leads to a reduction in abortion rates. As the courts of Colombia and Mexico have recognized, there are many ways to protect fetal life beyond criminal law. Brazil could, for example, improve access to contraception and support women who want to have children by offering necessary social services.

Furthermore, decriminalization is essential to protect the lives and health of women — especially the most vulnerable. Clandestine procedures lead to health complications, hospitalization and death — which can be avoided by offering safe and accessible procedures. In a place seriously compromised by life, criminalization should be a strategy of last resort, not the first.

The decriminalization of abortion does not express approval of the practice of abortion. By taking this step, Brazil would not be abandoning its commitment to fetal life, but rather renouncing the use of brute force to force women to become mothers. Dignity demands no less than that.

The decriminalization of abortion would be a milestone in the STF’s notable efforts to uphold democratic values. It would also represent the solidification of Latin America’s leadership on gender issues. But, more than that, it would have an unparalleled impact on the lives of millions of women and people who become pregnant and on the lives of their families.