ADPF 442/DF Public Hearing in the Supreme Federal Tribunal of Brazil. August 3, 2018. Testimony by Rebecca J. Cook, C.M, M.P.A., J.D., J.S.D., F.R.S.C.* Professor of Law Emerita. Faculty of Law, University of Toronto, Canada on behalf of Latin American Consortium against Unsafe Abortion (CLACAI)

Abstract

A ruling by the Supreme Federal Tribunal of Brazil to suspend Articles 124 and 126 of the Penal Code, and to recognize the constitutional right of women to terminate pregnancy during the first twelve weeks of pregnancy, and thereafter on specified indications, and of health professionals to assist them, would be consistent with the transnational consensus to decriminalize early abortion. This Court has the opportunity to acknowledge the harms of the criminalization of abortion as detrimental to women’s health and wellbeing, and to society at large. In so doing, this Court would uphold the legality principle, a general principle of law recognized by civilized nations. Moreover, this Court would ensure compliance with Brazil’s obligations under international human rights law to respect, protect and fulfill the human rights of women. A ruling for decriminalization during the first twelve weeks of pregnancy would facilitate the range of positive measures necessary to protect prenatal life consistently with women’s rights.