A study conducted by the NGO Anis Bioethics Institute and released this Tuesday (1st) pointed out that four out of five women reported for having an abortion—or for permitting an abortion for another person—were convicted by the Justice system.
The survey mapped judicial proceedings regarding abortion in Brazil between 2012 and 2022. It analyzed 402 judicial documents against 569 people, collected from 23 state courts and 2 superior courts.
According to Anis, 12 documents were also obtained through the Freedom of Information Act across 12 states regarding the situation of people imprisoned for abortion. Additionally, interviews were conducted with six individuals: two healthcare professionals, three public defenders, and one woman criminalized for abortion.
According to the study, among the 402 cases analyzed, at least 569 people were prosecuted for abortion during the period, including:
- 183 women prosecuted for self-induced abortion;
- 120 service providers related to the procedure;
- 98 co-defendants;
- 44 healthcare professionals;
- 38 participants or collaborators;
- 28 family members of the women;
- 25 unidentified individuals;
- 20 male aggressors;
- 13 men associated with the women and accused of involvement in the abortion process.
‘There is a false presumption that criminal abortion law is not enforced. In fact, when a health need is controlled by criminal policies, the protection of the health and well-being of girls, women, and all people is threatened by inquisitorial practices, even in spaces that should be for care, such as healthcare services,’ noted Luciana Brito, co-director of Anis and one of the research coordinators.
The map also indicates that out of the 104 reports with an identified origin, 48 came from healthcare professionals. The NGO states that this number could be even higher, as police investigations often occurred immediately after the woman sought healthcare services.
At least 218 people were deprived of their liberty in Brazil due to the criminalization of abortion, including 175 cases of pretrial detention.
The research is part of the international campaign ‘It Could Be Me – for health without fear’ (or Poderia Ser Eu), which gathers data on the criminalization of abortion in Brazil, Chile, Guatemala, Peru, the Dominican Republic, and Uruguay.
