Brazil’s Congress Undermines Child Protection by Repealing Guidelines for Victims of Sexual Violence

The recent decision by Brazil’s National Congress to repeal vital guidelines safeguarding victims of sexual violence, particularly children and adolescents, has ignited a firestorm of concern among human rights advocates, legal experts, and child welfare organizations. The legislative decree, Project of Legislative Decree No. 3/2025, effectively nullifies Resolution No. 258/2024 of the National Council for the Rights of Children and Adolescents (CONANDA), which had established a framework for humanized, rights-based care, including access to legal abortion for victims of sexual violence. This move is being characterized by critics as a significant regression in the protection of vulnerable youth and a direct contravention of international human rights commitments.

Alarming Statistics Underpin the Crisis

The repeal of these protective measures occurs against a backdrop of deeply concerning statistics. According to data compiled by the Observatory "Girls Not Mothers" (Criança Não é Mãe), Brazil witnesses an alarming average of 16,521 births to girls under the age of 14 each year. This translates to approximately 45 young girls becoming mothers daily. This stark reality underscores the pervasive nature of sexual violence against minors in Brazil. While Brazilian law presumes sexual violence in cases of pregnancy in girls under 14, the vast majority of these incidents go unreported, uninvestigated, or unaddressed, leaving victims without recourse or justice. The failure to adequately address these cases not only perpetuates a cycle of violence but also inflicts profound physical, psychological, and social harm on young lives.

The Complex Landscape of Legal Abortion in Brazil

Access to legal abortion in Brazil remains severely restricted, permitted only in three specific circumstances: cases of sexual assault, when the pregnancy poses a risk to the pregnant person’s life, or in instances of fetal anencephaly. Even within these limited provisions, the practical access to safe abortion services is profoundly unequal across the nation. Services are disproportionately concentrated in a few states, and numerous institutional barriers impede the ability of children and adolescents to access these essential healthcare procedures.

These barriers are multifaceted and deeply entrenched. They include the mandatory requirement for parental consent or judicial authorization for minors to access abortion services. This often proves to be an insurmountable hurdle, especially for victims of familial abuse or those whose families are unsupportive or unaware. Furthermore, a high rate of conscientious objection among medical professionals, often without adequate or timely referral systems, leaves many young victims stranded. A pervasive lack of clear information regarding abortion procedures and legal pathways further exacerbates the problem. Compounding these issues are the prevalent societal stigma, the threat of violence, and the risk of criminal prosecution, which collectively discourage individuals from seeking legal and safe options.

The tragic consequence of these systemic failures is that countless girls and women in Brazil are forced to resort to unsafe abortions, placing their lives and health in grave peril. Resolution No. 258/2024 of CONANDA was specifically designed to streamline the process and remove these barriers, ensuring that girls and adolescents who are victims of sexual violence could access safe abortion services without undue impediment. Its repeal now leaves them exposed to even greater risks.

Legislative Decree’s Far-Reaching Implications

The approval of Legislative Decree No. 3/2025 has effectively eliminated Brazil’s sole regulatory framework designed to guarantee safe and dignified access to abortion for child and adolescent victims of sexual violence. This legislative action has removed the only safeguards in the legal system intended to ensure that the best interests of the child are genuinely considered in situations of extreme vulnerability.

Legal scholars and human rights experts argue that this decree is incompatible with fundamental rights and principles enshrined in international human rights law. These include the rights to health, equality and non-discrimination, freedom from violence, and protection against torture and cruel, inhuman, or degrading treatment. Crucially, it undermines the principle of the best interests of the child, a cornerstone of international child protection conventions. The decree’s repeal is seen as a direct attack on the autonomy and bodily integrity of young victims, further marginalizing them within a system that should be protecting them.

International Stance on Abortion Rights and Child Protection

The United Nations Committee on the Rights of the Child, alongside other UN treaty bodies such as the Committee on Human Rights, has consistently affirmed that safe, legal, and effective access to abortion is an essential dimension of human rights, encompassing reproductive health and autonomy. These bodies have repeatedly urged states, including Brazil, to dismantle legal and institutional barriers to abortion access. Their recommendations aim to prevent forced pregnancies and early motherhood among children and adolescents, and to ensure that their voices are heard and respected in decisions concerning their reproductive health. This aligns with the principles of the best interests of the child, evolving capacities, and non-discrimination.

Similarly, the Inter-American Commission on Human Rights (IACHR) and the Committee of Experts of the Follow-up Mechanism to the Convention of Belém do Pará (MESECVI) have emphasized the obligation of states to prevent unsafe abortions and establish legislative frameworks that guarantee access to abortion services, particularly in cases of sexual violence. The repeal of CONANDA’s Resolution No. 258/2024 directly contradicts these international pronouncements and commitments.

A Regressive Step with Severe Consequences

The repeal of CONANDA’s Resolution No. 258/2024 is viewed as a profoundly regressive measure, inconsistent with Brazil’s international obligations. It significantly heightens the risk of forced pregnancies among children, leading to severe and lasting consequences for their health, dignity, physical and psychological integrity, and their future life prospects. The interruption of education, limited economic opportunities, and the immense emotional and physical toll of early motherhood, especially when stemming from sexual violence, can trap young individuals in cycles of poverty and disadvantage.

Disproportionate Impact on Marginalized Communities

In the context of Brazil’s deep-seated racial, social, and territorial inequalities, these concerns acquire an even greater urgency for Black, Indigenous, and Quilombola girls and adolescents who are victims of sexual violence. For these communities, the dismantling of protective mechanisms represents an exacerbation of the existing barriers they already face in exercising their fundamental rights. Systemic racism and historical marginalization often translate into poorer access to healthcare, education, and justice, making them particularly vulnerable to the repercussions of this legislative rollback.

Concerns Over Legislative Process

Beyond the content of the repeal, the legislative process itself has drawn significant criticism. The approval of Legislative Decree No. 3/2025 occurred without a broad public debate or adequate consultation with specialists, civil society organizations, healthcare professionals, and institutions responsible for the protection of children and adolescents. Notably, the primary stakeholders – the children and adolescents themselves – were not consulted, despite being the most directly affected by this decision. This lack of inclusive dialogue and participatory governance raises serious questions about the legitimacy and democratic accountability of the legislative process.

Upholding the Rights of Child Victims

A broad coalition of researchers, professors, professionals, specialists, and organizations committed to the protection of human rights, the rights of children and adolescents, and sexual and reproductive rights has issued a strong statement condemning the repeal. They reiterate that girls who are victims of sexual violence must be recognized and treated as rights-holders, with their dignity, progressive autonomy, health, physical and psychological integrity, and best interests fully respected. This is in accordance with Brazil’s Federal Constitution, the Statute of the Child and Adolescent, the Convention on the Rights of the Child, and other relevant international human rights instruments.

A Call to Action

In light of this critical situation, the coalition urges Brazilian authorities, democratic institutions, and civil society to take all necessary measures to guarantee the comprehensive protection of children and adolescents who are victims of sexual violence. They call for the effective assurance of access to the rights and services stipulated by Brazilian legislation and international human rights standards. The future well-being and fundamental rights of countless young lives hang in the balance, and the international community will be closely watching Brazil’s response to this urgent human rights challenge.