Society

10-year-old rape victim reignites abortion debate in Brazil

A grisly and public legal battle over the right for a child to terminate a pregnancy once again casts light on Brazil's abortion laws

abortion laws in brazil
Photo: Marcello Jr/ABr/Archive

Abortion is only legal in Brazil in very specific circumstances. Women can only legally terminate a pregnancy in four cases: rape, incest, when the mother’s life is in danger, or — since 2012 — in cases of anencephaly, a fatal condition in which infants are born without parts of the brain or skull. Despite those restrictions, an estimated 500,000 abortions happen every year in the country, according to a 2019 estimate. And one case of legal abortion is sparking a heated debate among pro-choice and anti-abortion groups.

A 10-year-old girl from Vitória — the capital city of the southeastern state of Espírito Santo — had to go to court to be given the right to terminate a pregnancy that was the result of sexual abuse by her 33-year-old uncle. Despite obtaining legal approval, the medical staff at her Vitória hospital refused to carry out the surgery, claiming that current legislation does not permit second-trimester abortions. The 10-year-old was approximately 22 weeks pregnant.

A seemingly unambiguous case then became a nasty and public judicial struggle. 

The child’s family had to take her to Recife — a city 1,800 kilometres from her home — in order to perform the procedure on Monday. As the legal comings and goings had already made it to the national media, far-right religious groups gathered outside the abortion clinic, calling the 10-year-old child a “murderer,” in the hopes of changing her mind.

The case

Upon becoming aware...

Don't miss this opportunity!

Interested in staying updated on Brazil and Latin America? Subscribe to start receiving our reports now!